Daily Happenings Blog

Adarsh Scam

Today I am writing about a scam, in which politicians, bureaucrats, army officials were involved, and that is known as

Adarsh Housing Society Scam

This Housing Society is a 31 storey Building constructed at prime land in Colaba, Mumbai, this was meant for  families of defence personnel who laid down their lives in Kargil war of 1999. Over a period of several years bureaucrats, politicians and corrupt defence officials conspired to change & bend rules, and get themselves the flat allotted, at a very cheap rates as compared to prevailing market rates in that area. The scam came into lime light during the regime of Ashok Chavan, as Maharashtra’s CM, as his name was also implicated in the scam, he had to resign from the CM’s post.

CAG report of 2011 reveals how a group of select people officiating at key posts subverted the rules and regulations in order to grab prime govt land-a public property for their personal profits. In the same year Maharashtra govt under public pressure set up a Judicial commission headed by HC judge JA Patil with NN Kumbhar as member secretary. The commission submitted their report in April 2013. The report highlighted 25 illegal allotments  and 23 proxy purchase. This commission also indicted former CMs of Maharashtra Sushil Kumar Shinde, Vilasrao Deshmukh, Shivajirao  Nilangkar Patil and Ashol Chavan and two former Urban Development Ministers Rajesh Tope & Sunil Tatkare, and other 12 top bureaucrats for various acts , which were not as per law.

The scam is notable for the facts that it went over 10 years, which required the active participation of various key officials of Defence and Mumbai Municipal Corporation & Maharashtra govt. Some of the important omissions were NOC from Environment Ministry was not obtained. No permission taken from MMRDA(Mumbai Metrpolitan Region Development Authority), Coastal zone regulations were manipulated.

The case was handed over to CBI for further investigations. As the scam involved so many politicians who were from the ruling alliance at State & Centre initially CBI under political pressure went slow  in the investigations but  while listening to various PIL in the High Court judge gave the ruling that CBI investigations in this case will be monitored by  HC.

Following the comments and criticism by HC, the CBI arrested 8 persons including two retired Major Genrerals Tel Kaul & AR Kumar, Ret Brigadier MM Wanchoo, Adarash promoter  Kanhiyalal Gidwani and Pramod Vyas, Two IAS officer whose name figured in the scam Pradeep Vyas and Jairaj Pathak were suspended by CM of Mahrashtra. It was reported former Congress MLC Kanhiyalal Gidwani had 10 flats in Adarash Society which he was holding on behalf of top politicians, Gidwani & his son were also arrested. CBI also arrested their own lawyers JK Jagiassi & Mandar Goswami who were allegedly caught  for taking favours from accused persons. After few months all the arrested people were given bails as CBI could not file the charge sheet under the stipulated time. It only means that the CBI was under the pressure to go slow in this case.

In this scam roles of CMs of Maharashtra were very controversial , as many as 4 CMs were involved in the scam and last CM was under the party’s pressure never took any action. The commission which was formed in 2011 submitted  its final report to CM Prithviraj Chavan, who adopted delaying tactics  to table the report in the assembly . After HC made a remark in this regard CM tabled the report in the assembly on the last day of winter session in 2013. The report which was tabled in the assembly was conveniently rejected by the Maharashtra Cabinet headed by Prithviraj Chavan.

This report had indicted former CMs Ashok Chavan, Vilasrao Deshmukh, Sushil Kumar Shinde & Shivajirao Nilengekar Patil and many bureaucrats. The report said Ashok Chavan and other bureaucrats gave permissions and clearances in exchange of flats. It also found that 25 of 102 members were ineligible for flats. It further stated that Adarash Society enjoyed the political patronage of Late Vilasrao Deshmukh, Sushil Kumar Shinde, Ashok Chavan and others. There were 22 Benami transactions.

There were very loud hue and cry in press, TV and Public forums against the  Maharashtra Cabinet rejecting the report. In the end Sonia & Rahul Gandhi publicly dis approved the decision of Maharashtra Cabinet. The CM Prithviraj Chavan was forced to recall the cabinet meeting to review the decision and accepted report partially. It was decided that 12 bureaucrats named in reports will face departmental enquiry for violating the norms and rules but went soft on indicted politicians. They also decided to take action against Benami transactions.

CBI had asked permission from Governor of Maharashtra, for taking legal action against Ashok Chavan, which was refused earlier but later given

The HC has given decision to demolish the Adarsh building, but till date nothing has happened.

Just like so many other scams, the enquiry on this scam is also going on at snail’s pace.

Waiting for your views/feed backs/comments.

Anil Malik

Mumbai, India

20th Dec,2018

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