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The Adarsh answer: Blame someone else

Four key political heads have filed their affidavits before the commission inquiring into the Adarsh Co-operative Housing Society scam.

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Four key political heads have filed their affidavits before the commission inquiring into the Adarsh Co-operative Housing Society scam. Ashok Chavan, minister for revenue and protocol, transport and industry minister and chief minister for various periods between October 18, 1999 and November 8, 2008, Vilasrao Deshmukh, the chief minister before Chavan, Sunil Tatkare, former minister of state for urban development and now minister for water resources and Sushilkumar Shinde, chief minister between January 18, 2003 and November 1, 2004 have submitted replies to questions raised by the commission and allegations made by Santosh Daundkar who filed a Public Interest Litigation on the issue.

Shinde and Deshmukh held the city collector responsible for the allotment and scrutiny of applications. While Tatkare chose not to answer most questions, the other minsters said that the required procedure of law was followed for canceling the reservation for a bus depot and road widening on the 3758.82 square meteres of land on Captain Prakash Pethe Marg, Colaba where Adarsh now stands.

The terms of reference of the commission consisting of retired justice JA Patil and retired chief secretary P Subrahmanyam includes questions about the ownership of the land, whether reservations on the plot for a bus depot and road widening were deleted lawfully, whether the plot was reserved for Kargil war heroes and if the members of the society qualified as such.

Answers given by Adarsh respondents
Who owns the land alloted to Adarsh Co-operative Housing Society?

Shinde: The application made by Adarsh clearly mentioned that the land was in the possession of the military authorities. plot was owned by the state of Maharashtra.

Deshmukh: The land belonged to government of Maharashtra.

Was the land reserved for housing defence personnel or Kargil war heroes?
Shinde:
The plot was not reserved for defence personnel or Kargil war
heroes. Letter of Intent dated January 18, 2003 is clear that land was alloted in accordance with the government resolution of July 9, 1999.

Deshmukh: No reservation on the land for housing of defence personnel or Kargil war heroes under the development plan or any other state policy. Reservation for proposed road widening was lawfully deleted since proposal for two trans-harbour links were dropped. Deletion of reservation on the plot for BEST and conversion to residential purpose was in lawful.

Whether reduction of width of road and change of reservation to residential was in accordance with law.
Chavan: My job as revenue minister was to seek compliance of the government resolution of July 9, 1999. Reservation of land, eligibility of membership for defence personnel were matters governed by the resolution. Verification was done by collector and revenue officials went on after he left the ministry.
Shinde: The notification dropping the proposal to increase the width of Captain Prakash Pethe Marg was published on April 10, 2002 which is prior to his taking over as state chief minister.

Whether deletion of reservation of plot reserved for BEST and conversion to residential was in accordance with law.
Deshmukh:
Reservation for BEST depot was changed by following the procedure prescribed under Maharashtra Regional Town Planning Act. A sum of Rs 6.40 crores was paid for acquiring rights.

Whether provisions of Maharashtra Regional and Town Planning Act and Development Control Rules and Regulations were contravened in utilisation of FSI and raising the height of building.
Shinde:
Not dealt with the issue of FSI or of raising the height of building.

Whether any person not eligible to become member of the society was approved to be made a member. If so who.
Chavan:
Membership eligibility in Adarsh CHS was approved by the government in July/August 2004 and subsequently the authoritity was delegated to the collector in September 2004. No question of suggesting that civilian members be included in the society.

Deshmukh: Approved the proposal to relax the domicile norms and conditions in case of Generals Vij ad Kapoor. This decision was justified considering their eminence and service.

Whether land falls under Coastal Regulation Zone (CRZ)
Deshmukh:
Land falls under CRZ II

Shinde: The Letter of Intent mentioned that the land was under CRZ II

Whether environment permissions and clearances had been obtained by society
Deshmukh:
Not dealt with these issues.

Shinde:
Not dealt with the issue.

Who is responsible for allotment and scrutiny of applications?
Chavan: Decision to allot the land took place more than 16 months after I ceased to be revenue minister. In respect of land of value exceeding Rs 25 Lakhs and plot in Pune and Mumbai city and suburbs, the decision for allotment is of the chief minister.

Shinde: Mumbai collector was responsible as competent authority for verifying members’ eligibility. It  was then verified by Mantralaya officers. List of members ought to have been approved by concerned authorities after due application of mind.

Deshmukh: Issues like  reservations, road width, ownership and possession of land, membership of society are examined by the collectorate. After file is scrutinised by the collectorate, a report is sent to the revenue department.

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