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The judicial commission headed by the Bombay high court's retired judge JA Patil in its interim report had held that the land on which the 31-storey building was built belongs to the Maharashtra government and not the defence.
Further, the judicial commission said that both the plot of land on which Adarsh building was constructed and membership to the society were not exclusively reserved for Kargil war heroes or their survivors. The state government had tabled the interim report to the legislature in April 2012. However, the ministry of defence has disputed the judicial commission's findings.
The commission observed that the ministry of defence had failed to establish its claim on the land. The commission had arrived at a conclusion with regard to the ownership of the land after the Maharashtra government had produced documents to establish its claim under various sections of the Maharashtra Land Revenue Code, 1966.
The state government had set up a two member judicial commission in January 2011 in view of the alleged irregularities in the allotment of land to the Adarsh society and the allotment of flats to close relatives of former chief minister Ashok Chavan and also for various politicians, ex-defence personnel and bureaucrats.
Ashok Chavan had stepped down in the wake of his alleged involvement in November 2010.
The judicial commission's terms of reference included conducting investigations into all aspects, including land ownership and allotment, permission given to Adarsh. The interim report had addressed two terms of reference relating to the determining ownership of the land and exclusivity of the membership of the ministry of defence (MoD) employees.
The inquiry followed alleged irregularities in allotting the land to the Adarsh housing society and the allotment of flats to close relatives of then chief minister Ashok Chavan.
Meanwhile, the Central Bureau of Investigation (CBI), which is currently investigating irregularities committed while giving approvals to Adarsh society, has already chargesheeted 13 accused, including former Chief minister Ashok Chavan.
