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Bombay HC Orders Adarsh Society’s Demolition

Bombay HC ordered for inquiry to be conducted against the politicians and officers who were involved in the scam.

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The Bombay High Court on Friday ordered the Union Environment Ministry to demolish 31-storey Adarsh Co-operative Housing Society, an order that is seen as one sending a strong message against corruption.

In response to the plea of 12-week stay on the demolition order by the counsel for Adarsh Housing Society, the court however has granted the stay. The state and environment authorities objected to the stay. The Adarsha Society counsel sought the stay to enable its appeal in the Supreme Court.

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The ministry had on January 16, 2011 directed the Society to demolish within three months the “unauthorised” building for violating coastal regulations. It also ordered for an enquiry to be conducted against the politicians and officers who were allegedly involved in the scam.

The order to raze the building comes after the Union Ministry of Environment and Forests (MOEF) passed an order to demolish the scam-hit society in 2011, following which its members approached the Bombay High Court challenging it.

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The housing society was built to house veterans and war widows but investigations revealed that the apartment had been sold at lower than prevalent market rates to politicians and bureaucrats.

Former Chief Minister of Maharashtra and member of Congress, Ashok Chavan was forced to step down in November 2010 after his name cropped up in the Adarsh Societ scam. Three of his relatives had been given apartments in the building.

I don’t want to react on the court judgement.
Ashok Chavan, Former Chief Minister of Maharashtra

The BJP-Shiv Sena government led by Chief Minister Devendra Fadnavis last week recommended CBI to prosecute Chavan.

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Adarsh and the Alleged Politico-Bureaucratic Nexus

  • CM Ashok Chavan–resigned on Nov 9, 2010 following allegations that 3 relatives were given flats in Adarsh Society including mother in law Bhagwati Sharma. All The relatives had resigned from the society. Chavan was the revenue Minister and allegedly altered the rules to allow civilian membership in the housing society.
  • Subhas Lalla–Then Principal Secy to the former CMs Sushil Kumar Shinde and Vilasrao Deshmukh, resigned as state human rights commission member. His mother and daughter were allotted flats.
  • State information commissioner Ramanand Tiwari–Then Urban Development Secy was asked by the government to stepdown. His son has a flat in Adarsh.
  • C S Sangitrao–Ex CM Vilasrao Deshmukh’s secretary. Son Ranjit Has a flat Jairaj Phatak- Was then BMC Chief when Adarsh got approval. Son Kanishka has a flat.
  • Pradeep Vyas–City collector of Mumbai from 2002-2005. Wife Neena Vyas an IAS officer has a flat.
  • D K Shankaran–Former Chief Secretary’s son has a flat.
  • I Z Kundan–Former City Collector has a flat.
  • J M Abhyankar–Former state education director has a flat
  • P V Deshmukj–Ex Deputy Secy has flat.
  • Uttam Khobragade– In April 2014, Uttam Khobragade, retired IAS-turned-politician and father of diplomat Devyani Khobragade, refuted allegations that claimed he and his daughter submitted a false affidavit to procure a flat in Adarsh Society.
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Chronology of the Adarsh Housing Society Scam

July 1999: Adarsh housing society approaches government seeking land in Colaba. It is allotted a plot on July 9.

4 October, 2004: The collector of Mumbai hands over the plot to the society

27 October, 2009: Western Naval Command seeks details of the society from the deputy registrar

16 September, 2010: The society gets an occupation certificate ( OC) from the Mumbai Metropolitan Region Development Authority ( MMRDA)

25 October: Navy confirms that it has taken objection to Adarsh society on security grounds

28 October: It emerges that the then Maharashtra CM Ashok Chavan’s mother- in- law and another relative own flats in the society

31 October: Brihanmumbai Electric Supply and Transport ( BEST) issues notice to Adarsh, seeking the OC

3 November: The MMRDA revokes Adarsh society OC. BEST cuts off power supply and BMC cuts off water supply to the society; Adarsh says it will move HC

9 November: Ashok Chavan resigns; his resignation is accepted NOV 11: Prithviraj Chavan becomes new CM

22 November: Adarsh moves High Court against revocation of the OC and power and water supply cut

21 December: HC says Adarsh a “clear cut case of manipulation”

23 December: HC refuses interim relief to Adarsh

16 January, 2011: Union environment ministry recommends that Adarsh be demolished within three months

29 January, 2011: CBI registered an FIR in the Adarsh Housing society scam against 14 people for conspiracy, cheating, forgery, using forged documents and misuse of official positions. Ex CM Ashok Chavan and 13 top officials were named in the FIR. MLC Kanhaiyalal Gidwani, the promoter of Adarsh was named as the main conspirator.

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