Right to Information (RTI) activist Santosh Daundkar on Tuesday gave a written complaint to the Maharashtra Anti-Corruption Bureau (ACB) against State Information Commissioner Ramanand Tiwari in connection with the Adarsh Housing Society scam.
Mr. Daundkar has requested the ACB to register an FIR against Mr. Tiwari, former Principal Secretary, Urban Development; MLC Kanhaiyalal Gidwani and R.C. Thakur, chief promoter of Adarsh, for violations for law.
In his complaint, supported by annexures of official letters and notifications, Mr. Daundkar has alleged that Mr. Tiwari transferred the floor space index (FSI) of a nearby bus depot to Adarsh, in violation of the Maharashtra Regional Town Planning (MRTP) Act, 1966.
'Son got a flat'
Also, Mr. Tiwari served as Principal Secretary of the Urban Development department for six years and three months, flouting the stipulation of three years. His son, Onkar Tiwari, got a flat in the building despite his being a non-government employee and earning more than the prescribed income limit of Rs. 12,500 for a house in Adarsh, the complaint said.
Reservation deleted
According to a copy of the location plan furnished by Mr. Daundkar, a plot of 2,669 square metres, next to Adarsh, had been reserved for the Brihanmumbai Electric Supply and Transport Undertaking (BEST). But Mr. Tiwari “fraudulently invoked” powers under Section 50 of the MRTP Act, to get the BEST reservation deleted, the complaint says.
This Section states reservation of land can be “deleted” provided the authority “makes such inquiry as it may consider necessary and satisfies itself that such reservation or designation or allocation is no longer necessary in the pubic interest.”
Following Adarsh's request for additional FSI from the BEST plot, the government sought the opinion of BEST. A letter bearing the approval signature of Swadheen Kshatriya, then general manager of BEST, allowed the government to take a “suitable decision” provided an access road running through the plot was left untouched and BEST's interest “kept unaffected.”
But, according to Mr. Daundkar's complaint, this cannot be construed as “an NOC for dereservation.” The government has to conduct an inquiry under Section 50.
However, the government, in a March 3, 2006 notification, stated: “BEST has informed Government that they have no objection to its taking any decision regarding the said reservation with the condition that that approach road shall be kept open…Now therefore, Govt. find it necessary to delete the said land from the said reservation…”
The complaint also underlines violation of the provisions of the Maharashtra Government Servants Regulation of Transfer and Prevention of Delay in Discharge of Official Duties Act, 2005. The Act lays down a tenure of three years for “all India service officers.” Mr. Tiwari, however, “remained as Principal Secretary of the Urban Development Department from February 26, 2002 to May 16, 2008, the complaint states.
As for Onkar getting a house in Adarsh, Mr. Daundkar's has alleged that his occupation was merely categorised under “service” to camouflage the fact of his employment in the private sector and therefore a higher income.
With respect to “pecuniary favours” accorded to Adarsh, Mr. Daundkar has asked the ACB to register a case under the IPC Sections 120 (b) for criminal conspiracy, 420 for cheating, 467 and 471 for creating and using fabricated documents, and Section 13 (1) (d) of the Prevention of Corruption Act pertaining criminal misconduct by a public servant.
