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Year 2014 started on a bad note for Maharashtra’s former chief ministers Sushilkumar Shinde and Ashok Chavan in the wake of the strong strictures passed by the judicial commission in its report on the Adarsh scam. Even as both are mulling to contest the Lok Sabha elections, they will find it tough to do so especially after Congress vice-president Rahul Gandhi snubbed the party-led state government’s decision to reject the judicial commission’s report. Even though both are close to 10 Janpath, Congress may think twice before renominating Shinde from Solapur constituency in south Maharashtra and Ashok Chavan from Nanded constituency in the underdeveloped Marathwada region.
The duo, along with former chief ministers late Vilasrao Deshmukh and Shivajirao Patil-Nilangekar, have been accused of showing patronage in the Adarsh scam, which the judicial commission termed as a bad precedent. Shinde and Ashok Chavan will have to gear up for a legal battle after the state Cabinet accepts the report.
Ashok Chavan, who led the 2009 Lok Sabha and Assembly elections successfully for the Congress’ victory in the state, suddenly turned a liability for the party after the Adarsh scam expose in October-November 2010. The Congress high command had to ask Ashok Chavan to step down to avoid further embarrassment and he was replaced by Prithviraj Chavan in November 2010.
Ashok Chavan is among the 13 accused against whom the Central Bureau of Investigation (CBI) has filed a charge sheet. Recently, Maharashtra Governor K Sankaranarayanan had rejected the CBI’s plea to prosecute Ashok Chavan. However, this relief turned out to be short-lived after Rahul Gandhi’s move.
Charges against Chavan
The judicial commission in its scathing report observed that Ashok Chavan gave clearances for the Adarsh Cooperative Housing Society (CHS) on a quid pro quo basis. Ashok Chavan’s relatives Seema Sharma (her husband Vinod is Ashok Chavan’s brother-in-law), Madanlal Sharma (brother of Manoharlal Sharma, Ashok Chavan’s father-in-law) and late Bhagwati Sharma (Ashok Chavan’s mother-in-law) were granted membership of the Adarsh CHS.
“It would be naive to believe that the grant of membership and allotment of flats to the close relatives of Ashok Chavan was a matter of pure co-incidence. We are of the opinion that there is certainly a nexus established between the acts of Ashok Chavan and the benefit derived by his close relatives in the form of membership. This clearly indicates the grant of requisite permissions/clearances of the file of Adarsh CHS was by way of quid pro quo by Ashok Chavan,” the commission said.
Files pertaining to Adarsh CHS had moved at Ashok Chavan’s levels during February 1999 and January 2003 when he was revenue minister, during January 2003 and October 2004 when he was transport minister, during November 2004 and December 2008 when he was industries minister. When he stepped down as chief minister on November 9, 2010, he was also holding the portfolio of urban development and housing.
The promoters of 31-storey Adarsh CHS received a big push after the revenue department under Ashok Chavan put up a strong noting proposing issuance of a conditional letter of intent (LOI) in respect of the land. Subsequently, it was clarified that LOI be issued subject to the condition that coastal zone regulation (CRZ) clearance by the Ministry of Environment and Forests (MoEF) be obtained. Besides, the decision was also approved to reduce the width of Captain Prakash Pethe Marg. The commission observed that Adarsh CHS may have felt grateful to both Ashok Chavan and former chief minister late Vilasrao Deshmukh for their going out of the way to take a weird decision to secure a land parcel in the Cuffe Parade area in south Mumbai.
In his capacity as chief minister, Ashok Chavan had also signed a noting in June-July 2009 in connection with the exclusion of 15 per cent recreation ground (RG) from the land being sought for the Adarsh CHS. According to the commission, the Adarsh CHS was considerably benefitted as it virtually resulted in the grant of additional floor space index of 15 per cent of the land. The total area of land allotted to the Adarsh CHS was 3,758.22 sq mt and the area of 15 per cent RG was 563 sq mt.
In addition to this, a file was put up in October 2010 before Ashok Chavan, who was holding the portfolio of the urban development department, for the revocation of the completion certificate issued by the Mumbai Metropolitan Region Development Authority to the Adarsh CHS on the ground that the latter had not obtained CRZ clearance from MoEF.
Charges against Shinde
Shinde, during his tenure as chief minister from January 2003 to November 2004, failed to pay due attention to the finance department’s suggestion. The department had said in a note in August 1999 that it was improper to submit the proposal regarding the grant of land to it or to expect its concurrence before a policy decision regarding the eligibility of members was taken.
Further, the finance department noted that the revenue and forest departments should first fix the policy on eligibility and then forward the proposal for the concurrence of the finance department. If the land is to be allotted without doing so, then the matter should be placed before the Cabinet.
The commission observed it was surprising that the finance department’s suggestion was totally ignored and former revenue minister Shivajirao Nilangekar-Patil (in Shinde-led ministry) straight away proceeded to grant approval for allotment of land to the Adarsh CHS in August 2004. The same was finally approved by Shinde without any delay and the letter of approval came to be issued in the same month.
“The commission is, therefore, of the opinion that undue haste was shown by Shivajirao Nilangekar-Patil, who is also a former chief minister, in the approval of the grant of land to the Adarsh CHS without authority. Sushilkumar Shinde failed to pay due attention to the suggestion made by the finance department. The least we can say is that the entire issue smacks of undue haste and desire to bestow benefit to the society,” the commission concluded.
