CAG lists major irregularities

In October 2001,the Urban Development Dept (UDD) approved modification to the MMRDA Development Plan in April 2002 by deletion of a 60.97-m wide road to the south Colaba Harbour link and changing width of Praksah Pethe Marg from 60.97 m to 18.40 m and inclusion of the deleted area in residential zone,parade ground,helipad,garden and BEST depot. During audit,it was noticed that a request by Bombay City Sainik Welfare Office for allotment of the same land for construction of a rest house for military ex-servicemen was refused in March 1986 by Collector,Mumbai,on grounds that the land was earmarked for widening of the very same road.

BEST FSI

Irregular allotment of land was further compounded by transfer of FSI of another piece of public land. Proposal of Principal Secretary,UDD,Ramanand Tiwari,to ask BEST to pay for the land amounted to a threat,which possibly compelled BEST to succumb to agree with the proposal of society. While BEST was asked to pay the cost of land at market rate,the society paid only Rs 6.14 crore.

FSI IN LIEU OF RECREATION GROUND (RG)

In May 2009,the society forwarded to the Collector eight names to be accomodated in Adarsh if the additional FSI is sanctioned by the government. The conditional membership of the society was unusual. In the same letter,the society informed the approval of membership of I A Kundan,who was on that date Collector,Mumbai and was directly dealing with the matters relating to the society.

In March 2009,MMRDA commissioner Ratnakar Gaikwad wrote to T C Benjamin,Principal Secretary,UDD,conveying that there was no need for deduction of 15 per cent of FSI towards RG. UDD proposed to CM that “if 15 per cent RG area is available in scheme,we may agree with MMRDA commissioner to allow the developer not to exclude 15 per cent RG area from FSI computation.” Actual verification of land for RG was not conducted.

HIGH RISE COMMITTEE

The plot fell in CRZ-II and Development Control Rules 1967 were applicable. The maximum height of the society building permission under DCR 1967 was 45.6 meters. However,DCR 1991 was consistently applied incorrectly. DCR 1991 had no height restriction but brought down FSI to 1.33 from 3.5. FSI from adjoining area was loaded. NOC issued up to 27 floor for total height of the building including machine room and overhead water tank. Construction of 28th floor without prior approval of MCGM/MMRDA. Site visit showed that approved refuge area had been converted to flats. Since total area was within the permissible built area,decided to regularize by levying premium of Rs 81.97 lakh which was reduced to Rs 39.74 lakh.

ELIGIBILITY CONDITIONS

RELAXED

These conditions included a 15-year domicile and income limit. GoM amended in 2005,the provisions by raising income limit of all and waiving the requirement of domicile in respect of retired state government employees,serving and retired service personnel from Maharashtra.

ENVIRONMENTAL

CLEARANCE under CRZ

The UDD issued a letter without the knowledge of Environment Department and MCZMA. The letter issued by Deshmukh was misleading and indeed false. This enabled the society to overcome a significant barrier of environment clearance for the building. Despite the existence of several agencies like Environment Department in GoM,the MCZMA and MoEF,a building more than 100 m tall could come up within few km of Mantralaya in Mumbai without requisite clearance and also receive an Occupation Certificate from local authorities concerned.