This Article is From Nov 19, 2010

Does Adarsh land belong to Defence?

Does Adarsh land belong to Defence?
Mumbai: Even the CBI starts puncturing the Maharashtra government claim that Adarsh Society stands on the state land, documents with NDTV show the Defence claim on the plot is stronger.

In 2000, when the Mumbai Collector asked the defence if it had any objection to the land being given to Adarsh, Defence Estate Officer M Gurusamy wrote back saying the land belongs to the Maharashtra government and falls outside the Defence boundary.

On March 30, 2000, Defence Estate Officer M Gurusamy, Mumbai Circle wrote to the Headquarters, Maharashtra and Gujarat Area, Colaba, Mumbai: "It is verified from our records that the land in question belongs to Government of Maharashtra and falls outside the Defence boundary."

These documents show the Defence Officer sent this No Objection Certificate (NOC) within 24 hours of the request being made. No surprises here as Gurusamy was already a member of the Adarsh Society.

Gurusamy chose to ignore this crucial document - a 1984 letter in which Defence authorities had categorically told the Mumbai Collector that this was Defence land.

Instead to push the case of Adarsh, Gurusamy's office pulled out this older letter from 1982 in which the Collector had told the Defence that the land belongs to the government.

A note at the end of the letter said: "Please Keep With Adarsh Society File." The note is dated February 2000, one month before the Collector asked the Defence for an NOC. Which implies the Defence Estates Office was already in collusion with Adarsh members. As many five of its serving officers were members in Adarsh Society.

Regardless of all this correspondence, the Mumbai Collector wrote to the Principal Secretary that the Defence needs to unconditionally give up all claims on the land and file an affidavit to this effect in the Mumbai High Court before it is given to Adarsh Society.

The Collector's advice was overlooked.

A question now raised, in a Defence audit, has asked its Mumbai Command:
  • If it was not Defence land, why did the Collector ask the Defence for a No Objection Certificate?
  • If this is indeed proved Defence land then all approvals to Adarsh given by the state can be challenged.

In fact, the entire building could be declared illegal.
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