Wednesday 27 March 2013

Adarsh Commission fails to give opportunity of hearing to petitioners




The judicial commission set up by the state to investigate the Adarsh scam involving top politicians & bureaucrats of Maharashtra is set to submit its report to the government. But the commission has overlooked a large chunk of petitioners, not even allowing them an opportunity of proper hearing. This is in violation of basic tenets of natural justice, I submitted a written memorandum to the Hon'ble  Speaker of Maharashtra Legislative Assembly, Dilip Walse-Patil pointing out this major flaw in procedure. The activist had tried to point this to the commission, which has wound up its hearing of petitions on 15 Jan 2013 itself.  Adarsh Commission Secretary N N Kumbhar refused to accept the complaint, but to submit a writen complaint  to the Speaker of Maharashtra Legislative Assembly, a house on whose insistence a probe was ordered into and question why there statement after 2 years not record nor they call up by Commission.
.

My affidavit ( 14 Feb 2011) has pleaded that the commission should inquire the role of all  MMRDA Commissioners who issued CC & OC,  a probe into the way 3 Commencement Certificates were given to Adarsh by three different MMRDA commissioners; in 2005 by Dr Suresh Joshi, in 2007 by Dr T Chandrashekhar and in 2008 by Ratnakar Gaikwad. Occupation Certificate issue by then MMRDA Metropolitan Commissioner Ratnakar Gaikwad and Additional Metropolitan Commissioner SVR Srinivas in 2010. 

MMRDA, the Special Planning Authority, knew about the various stages of construction of the Adarsh society building.  Moreover, MMRDA withdrew the Occupation Certificate (OC) issued to the building in haste soon after the scam grabbed media attention and Ashok Chavan had to resign from the post of CM. MMRDA collected money Rs 8,11,80,,436 from the society under various heads and was aware of the stages of the building's construction. Adarsh paid a huge penalty to it for regularising  its 28th floor construction. The development charges(Rs 15,13,435), Staircase, lift premium and scrutiny fee(Rs 7,22,26,754),Balcony enclosure fees(Rs 33,42,000),Scrutiny fees(Rs 1,24,012),Penalty(Rs39,74,235).

I demanded that commission Should serve its purpose with good intention as a judicial commission should do. I also surprised when he tried to lodge a complaint before commission. Secretary N N Kumbhar said, "our work has been completed, so complaint can not be received.

No comments:

Post a Comment