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(c) The sale of Jupiter Mills does not appear to be in terms of the scheme framed by the BIFR. Further, it appears that, contrary to the said orders, since 11th May 2005, NTC-MN and NTC-SM have sold four Mills (Apollo Textile Mills (SM), Mumbai Textile Mills (SM), Elphinstone Mills (SM) and Kohinoor Mill No. 3 (MN) by tender process. Every one of these sales appears to be contrary to the sanctioned scheme framed by the BIFR and is, thus, violative of the order of the Hon'ble Supreme Court.

(d) Case No. 505 of 1993 before the BIFR pertained to NTC-SM. At that time, NTC-SM was administrating 17 mills, 12 of which were/are in Mumbai. A draft rehabilitation scheme was circulated by the BIFR on 23rd October, 2001 after considering the proposals of IDBI, the Operating Agency appointed by the BIFR. Suggestions and objections were heard on 28th February, 2002. After these hearings, the BIFR noticed that the Government of Maharashtra, had not given clearance to sell the "surplus lands" of the mills. The Government stated that one third of the land (viz., the surplus land) had to be given to the BMC, one third to MHADA, not only the balance one-third could be sold by NTC-SM. This is specifically noted in terms in para 13 of the BIFR order dated 25th July 2005 in respect of NTC-SM and paragraph 1.15 of the sanctioned rehabilitation scheme. A similar scheme was sanctioned by the BIFR in respect of NTC-MN by another order also dated 25th July, 2002 in Case No. 536/92. A computation of the surplus land and its value is set out in Table C to the sanctioned Rehabilitation Scheme of NTC-SM captioned, "Mill wise details of surplus land and its Page 398 estimated valuation", and under a similar caption in Table D to the sanctioned Rehabilitation Scheme of NTC-MN.

(f) That the entire "surplus land", including land under existing structures, is to be shared with MCGM and MHADA is also clear from the draft rehabilitation schemes (DRS) in respect of NTC-MN and NTC-SM prepared by IDBI (the Operating Agency), copies of which are annexed to the affidavit dated 12th September 2005 of Deodatt B. Pandit filed by NTC pursuant to the order passed by this Hon'ble Court dated 5th September, 2005. In the DRS in respect of NTC-MN, paragraph (d) (page 37 of the affidavit), states that:

1) 33% of the land would be allowed to be utilised by the NTC for residential/commercial purposes.
2) 33% to be surrendered to Bombay Municipal Corporation against which equal FSI would be given to NTC in city at the location of the Mill where the land is surrendered.
3) 34% to be surrendered to MHADA against which Transferable Development Rights (TDR) would be given to NTC in suburbs.
b) With these modifications, NTC (MN) is expected to realise approximately 72% of the total value of land calculated on the basis of the rates recorded with the Registration Department, Govt. of Maharashtra.

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c) The details of the total land, surplus land available for sale and valuation of land is given at Table-D (at page 33)."

Table D (at page 49 of the said affidavit) is identical to Table D of the sanctioned scheme. A similar paragraph (d) (page 76 of the said affidavit) is contained in the DRS in respect of NTC-SM. Table C (at page 87 of the said affidavit) in the DRS in respect of NTC-SM is identical to Table C of the sanctioned scheme.

(g) In the case of Jupiter Mills (NTC-SM), Table C notes that the entire 10.91 acres i.e. approximately 44,149.72 sq. mtrs. (i.e. 10.91 Acres) of Jupiter Mills lands is "surplus land". Therefore, in terms of the sanctioned rehabilitation scheme, the entire land of Jupiter Mills would have to be divided into three equal lots, one-third each to BMC, MHADA and NTC-SM. However, instead of receiving approximately 14,716.57 sq. mtrs. (3.64 Acres) of land each, in terms of the tender document the BMC is to receive a mere 1,484.75 sq. mtrs. (0.37 Acres) and MHADA is to receive a mere 1,664.72 sq. mtrs (0.41 Acres). Even this limited area is to be surrendered on the land of other mills of NTC-SM and not Jupiter Mills. The reduction in surrender of land to MCGM and MHADA in respect of the sales of surplus land of Apollo Textile Mills (SM), Mumbai Textile Mills (SM), Elphinstone Mills (SM) and Kohinoor Mill No. 3 (MN), contrary to the sanctioned scheme, is set out in the Petitioners' affidavit dated 12th July 2005.