Union Minister for Rural Development and former Chief Minister of Maharashtra Vilasrao Deshmukh on Friday put the onus of clearing the land allotment for Adarsh co-operative housing society on the Revenue Department and the Collector.
In an affidavit filed before the two-member Adarsh inquiry commission, Mr. Deshmukh said he sanctioned the land only after the Revenue Department sent a duly sanctioned proposal to his office.
He also said decisions like changing the reservation of the adjacent Prakash Pethe Marg and the nearby BEST Depot, which have raised many brows, were taken unanimously and according to law by all the involved departments.
In the 15-page affidavit submitted to the commission, Mr. Deshmukh stated: “The allotment of land is the function of the Revenue Department…The Collector's office had first hand knowledge of the status of the land and the legal incidents thereof and other related matters. Scrutiny of applications takes place at the Collector level.”
He stated that it was the Collector who verifies other details related to the land deals. “Issues such as reservation, road width, ownership of land, possession of land, membership of society, etc are examined by the Collectorate. The Collector processes the application for allotment of land,” he said, adding that the Revenue Department relies upon the report given by the Collector in the matter.
He said that as per the Rules of Business read with Government Resolution, the cases of granting land which had more than Rs. 25 lakh value, are to “be submitted to the Chief Minister before the issue of orders.”
While explaining the procedure followed during granting such land, he said, “The proposal duly sanctioned by the Revenue Department is therefore ultimately presented to the Chief Minister's Office before issuance of orders by the Revenue Department.”
The former Chief Minister, Ashok Chavan, was the Revenue Minister when the Adarsh society was sanctioned.
“The Chief Minister of the State…is not required to personally scrutinise and/ or cross verify…each and every fact stated in each and every proposal put up to him by the Administration,” the affidavit stated.
Mr. Deshmukh said the land where the Adarsh society came up always belonged to the State government and there was never any issue about the ownership of land. He also said that the land fell in CRZ II (Coastal Regulatory Zone II).
The Adarsh society was not reserved for the defence personnel or Kargil war heroes.
Mr. Deshmukh said that as the Chief Minister, he made an exception to the rule of domicile for Generals N.C. Vij and Deepak Kapoor, facilitating their membership in the Adarsh society.
The affidavit stated: “I approved the proposal to relax the domicile norms/ conditions, in the case of Generals Vij and Kapoor. This decision was fully justified and fitting, considering their eminence and their distinguished service to the nation.”
On the de-reservation of BEST (Brihanmumbai Electric Supply and Transport Undertaking) plot adjacent to the society, he said the land was de-reserved according to the laid-down procedure and without hampering public interest or the interest of BEST. The plot was de-reserved and then converted into a residential one.
Mr. Deshmukh said Adarsh society had paid Rs. 6.40 crore for acquiring rights over the plot. BEST had not complained about it.
“The reservation [of the BEST plot] was changed, for good reason and by following the procedure prescribed under MRTP [Maharashtra Regional and Town Planning Act] and accordingly a notification dated 3rd March 2006 was duly issued. I reiterate that the interest of BEST was fully protected. The access rights of BEST over the land were preserved…Public interest was not compromised in any manner nor was any loss caused to the exchequer. Adarsh in fact paid a sum of Rs. 6.40 crore for acquiring rights in respect of the said plot,” the affidavit stated.
Regarding the reduction of the width of Captain Prakash Pethe Marg and changing its reservation from road to residential area, he said that it was done in accordance with law. “There was no physical reduction in the actual width of Captain Prakash Pethe Marg. Captain Prakash Pethe Marg was subject to a reservation for proposed road widening in the Development Plan, which reservation was lawfully deleted for good reason and by following the due process…” Mr. Deshmukh said.
He said that though the note sheets regarding the approval of the proposal may have gone missing, the decision was taken unanimously by all the departments involved.
