A Flats World

A junior Defence Estates officer posted in Mumbai,R C Thakur,was the chief promoter of the housing society when it was formed in 1999. It was formed to provide housing to defence personnel,the heroes of the Kargil conflict and those who had laid down their lives for the protection of the motherland.

Who are its members?

Originally there were 40 members,all of them defence personnel,both serving and retired. This number increased to 71 and eventually to 103 as more,mostly non-defence members,were added. Over the years,some members have also given up their memberships. Current members include former Army chiefs General N C Vij and General Deepak Kapoor and former Navy chief Admiral Madhvendra Singh. It also includes other serving or retired defence personnel,IAS officers,politicians from the Congress,NCP and Shiv Sena and their relatives.

What are the sizes of the apartments in Adarsh Society?

There are two-BHK Bedroom,Hall,Kitchen and three-BHK apartments with a carpet area of between 650 sq ft and 1,000 sq ft.

What is the cost of an apartment in Adarsh?

The first 40 members paid Rs 60 lakh each. The rest are believed to have paid between Rs 60 lakh and Rs 85 lakh. The market price in the area is around Rs 60,000 per sq ft,which puts the value of the Adarsh apartments at between Rs 5 crore and Rs 8 crore.

Who owns the land on which the tower has been built?

This has been a matter of dispute. In the late 1950s the state government agreed to swap this plot,which is Survey Number 652,of Block VI of Colaba Division,for some defence land in Santacruz needed for the Western Expresshighway. Part of Survey Number 652 was to be used for a road widening project which was later abandoned due to CRZ restrictions. The Defence Estates department was in possession of the land and had planted some trees and fenced it. Although the title of this plot was with the state government,there apparently was an understanding that this plot was meant for the use of defence authorities. In 2004,the government of Maharashtra transferred this land to Adarsh after the Society paid 20 per cent of what is called the ready reckoner rate or the rate for land fixed by the government. This worked out to around Rs 16 crore.

What are the allegations against the Society?

The land was obtained by misrepresenting that the Society was purely for defence personnel,including those who fought in Kargil or the families of martyrs. It is also alleged that in the final membership list of 103,there are only 37 defence personnel,including only three who had anything to do with the action in Kargil directly. Moreover,it is alleged that the Society did not obtain the mandatory environmental approvals to build the tower,which falls in CRZ Coastal Regulation Zone area. It was also granted additional FSI floor space index of the adjoining bus depot and the width of the adjoining road was reduced to allow the Society to get more space. In 2003,The Indian Express reported that defence personnel,IAS officers and some politicians were seeking to build the apartment block despite opposition from the Ministry of Defence. The original plan was also to have six floors,but it was subsequently raised to 30 floors,and finally another floor was added in 2009,making it a 31-storey building. This last floor was built after the state government made yet another concession,allowing it to use 15 per cent of its total FSI that has to be set aside for recreation ground. It is also alleged that Adarsh secured various approvals,some of them in violation of norms,by offering apartments to state government bureaucrats and politicians or their families.

What has Adarsh said in its defence?

Adarsh has denied any wrongdoing and says all procedures have been followed and approvals secured according to the law. It says that defence authorities had nothing to do with the land in question,and that this was state government land allotted to the Society by the City Collector. It says possession of the land was handed over by the Collector in 2004; building plan was approved by the Mumbai Metropolitan Region Development Authority MMRDA in stages as per rules; CRZ clearance was obtained from the Union Ministry of Environment and Forests in 2003; building height of 103.4 m was approved by the BMCs High Rise Committee; and Commencement Certificate and Occupation Certificate were both granted by the MMRDA.

What is the status of the building now?

Construction is largely complete and final touches are being given. Power connection had been given but is being withdrawn after the government decided to revoke its Occupation Certificate.

What are the various inquiries ordered in the case?

Besides the informal investigation by two senior Union ministers ordered by the Congress,the CBI is probing three issues: incomes of people who bought the apartments,what kind of environmental clearances were given and security issues that have been taken into consideration. The Ministry of Defence has asked the Army,the Navy and the Defence Estates office for explanations of their involvement in the scandal. The Army is also considering a separate probe of

Environment Minister Jairam Ramesh has,meanwhile,said there was no doubt the Adarsh Housing Society had violated green norms and said action would be taken against it once the Maharashtra government submits its final report. He has suggested that some of the floors of the building could be demolished as the owners of the 100-metre-tall building had violated the CRZ limit of a height of 30 metres.

IN THE TOWERS SHADOW

1. Narayan Rane was the chief minister in 1999 when the initial approval was given. He has denied owning any flats or recommending anyone for same.

2.As revenue minister in the state cabinet in 2002,current CM Ashok Chavan approved the project. His mother-in-law,sister-in-law and brother-in-law were among members of the Society. While his mother-in-law is dead,the other two resigned from the Society after the scam blew up. Chavan made matters worse with his defence that in-laws didnt really qualify as family.

3. Former CM and Union Minister for Heavy Industries Vilasrao Deshmukh,who has no love lost for Chavan,was the CM in 2002. Denying any role,Deshmukh says that the application which was made was made to construct houses for servicemen,and that he signed the letter of intent and not the final order. The society was asked to change the bye-laws by the then revenue minister Ashok Chavan to include 40 per cent civilians. That is on record, Deshmukh told CNN-IBN. The prerogative of clearing everything is with the Revenue Department.

4. Sushilkumar Shinde was the CM when the final approval was given. He has denied owning any flats.

5. While the Congress has been pointing out that it was Shiv Senas Suresh Prabhu who gave CRZ clearance as Union Environment Minister in 2003 to the Society,he pointed out on Tuesday that it wasnt he who held the portfolio at the time but the DMKs T R Baalu. Then a member of the NDA,DMK is now a UPA ally. Prabhu has a flat in the building,which he says he got through a bank loan.

For other reports in the Explained series,go to https://indianexpress.com/fullcoverage/indiaexplained/303