PROJECT BYPROJECT BY

KARISHMA SHARMA KARISHMA SHARMA ROLL NO 82ROLL NO 82SYBMS (B) SYBMS (B)

INTRODUCTION INTRODUCTION

• In 2010, the Indian media bought to public the alleged violations of rules at various phases of construction in the Adarsh society.

• Questions were raised in the manner in which, building apartments were allocated to bureaucrats, politicians and army personnel's who had nothing to do with the kargil war.

INTRODUCTION (CONTD..)INTRODUCTION (CONTD..)

• The Adarsh Housing Society is was cooperative society in Mumbai, India. The origins of the scam go back to February 2002 when a request was made to the Chief Minister of Maharashtra to allot land in the heart of Mumbai for the construction of a housing complex for "the welfare of serving and retired personnel of the Defence Services".

INTRODUCTION (CONTD..)INTRODUCTION (CONTD..)

ABOUT ADARSH SOCIETY ABOUT ADARSH SOCIETY SCAMSCAM

• The Central Bureau of Investigation (CBI), the Income Tax Department(IT) and the Enforcement Directorate (ED) were in the process of investigating allegations that three former chief ministers, Sushilkumar Shinde, Vilasrao Deshmukh and Ashok Chavan of the state of Maharashtra were also involved in the scam.

• "The episode of Adarsh Co-operative Housing Society reveals how a group of select officials, placed in key posts, could subvert rules and regulations in order to grab prime government land- a public property- for personal benefit.”

ALLEGED VOILATIONSALLEGED VOILATIONS

• The Adarsh society was constructed in the Colaba locality of Mumbai, which is considered a sensitive coastal area by the Indian Defence forces and houses various Indian Defense establishments.

• The society is also alleged to have violated The Indian environment ministry rules.

ILLEGAL PRACTISESILLEGAL PRACTISES

• Rules and regulations across many departments and ministries, both at the Centre and the state of Maharashtra, were bent to allow for the construction of this edifice.

• Some of the transgressions included obtaining a No Objection Certificate (NOC) from the Army towards

1. Construction of the building in a sensitive zone, 2. Getting the MMRDA development plan modified and3. Obtaining another NOC for residential development in

Coastal Regulation Zone, Often through manipulation of records and

misrepresentation of facts.

INQUIRY BY JUDIACIAL INQUIRY BY JUDIACIAL COMMISSIONERCOMMISSIONER

• On 9 January 2011, Govt. of Maharashtra appointed a two member judicial commission, under the Commissions of Inquiry Act, 1952,to investigate alleged irregularities and corruption.

• It was decided that the commission would be led by a retired Bombay High Court judge J.A. Patil while former State Chief Secretary P Subramanian would be the member.

TERMS OF THE COMMISSIONTERMS OF THE COMMISSION • The Commission's terms of reference were to

investigate all aspects, including land ownership, allotment and permissions given to Adarsh society.

• The Commission was given three months' time to complete the investigation.

• On 27 June 2012, while deposing before the two member panel probing the scam,Vilasrao Deshmukh contended that land was allotted to the housing society after getting clearance from the Revenue Department, passing the buck to his successor, Ashok Chavan who headed the department then.

RESULTSRESULTS

• It had led to the resignation of the then Chief Minister, Ashok Chavan.Ashok Chavan.

• Some allottees of the flats in the Adarsh co-operative society building have offered to return their flats, denying allegations that they were allotted flats because they influenced or helped, in some manner, the construction of the society by violating the rules.

NEWS ARTICLENEWS ARTICLE

STAGE OF INVESTIGATIONSTAGE OF INVESTIGATION• Based on the slow pace of the

investigation, Bombay High Court severely castigated Enforcement Directorate for its failure to initiate any probe in the matter on 28 February 2012.

• Several inquiries have been ordered by the army and the Government to probe into the irregularities

• The High Court, On 12 March 2012, severely castigated the CBI for not arresting any of the accused in spite of having evidence and ordered it to take action without fear or favour.

• ED having registered a case under Prevention of Money Laundering Act, has decided to launch attachment proceedings of the flats after going through the latest chargesheet filed by CBI.

ARRESTSARRESTS The CBI carried out eight arrests Two retired Major Generals TK Kaul

and AR Kumar Retired brigadier MM Wanchoo

former General Officer Commanding (GOC) of MaharashtraGujarat and Goa

Adarsh promoter Kanhaiyalal Gidwani

Two IAS officers Pradeep Vyas and Jairaj Phatak have been suspended.

The CBI officers arrested their own lawyers, J K Jagiasi and Mandar Goswami.

He was the Special Counsel in the Ministry of Law and Justice and at present is working as Retainer Counsel for CBI.

ARRESTS (CONTD..)ARRESTS (CONTD..)

According to newspaper reports, many of the arrested hold more than one flat in the society in fictitious names.

Former Congress MLC Kanhaiyalal Gidwani was reported to have as many as ten flats, which he had bought on behalf of top politicians.

Gidwani and his son had been earlier arrested on 6 March 2012, by the CBI for trying to influence CBI officials investigating their alleged involvement in the Adarsh scam.

Jagiasi allegedly asked an Air India (AI) official, one of the accused in the case, to pay a bribe of Rs 5 million in exchange for diluting charges levelled against him.

BAILBAIL• On 29 May 2012, a special CBI

court granted bail to seven of the nine arrested accused in the Adarsh scam since the CBI failed to file a chargesheet within the stipulated 60 days from the time it took them in custody.

• The bail was set at 500,000 (US$8,600).

• They were directed to attend the CBI office every Tuesday and Thursday between 10 am and 12 pm. The court also told the accused to deposit their passports and not tamper with evidence.

2-YEAR JUDICIAL PROBE IN 2-YEAR JUDICIAL PROBE IN ADARSH SCAM ENDSADARSH SCAM ENDS

By PTI - MUMBAI 16th January 2013 06:39 PM• The two-year marathon inquiry conducted by a judicial

commission into the Adarsh scam has ended with the Maharashtra government said to have admitted for the first time that the controversial housing society did not have necessary environmental clearances.

• Ashok Chavan is an accused in the case but was never arrested.

ARTICLE (CONTD..)ARTICLE (CONTD..)

• The state government in its final arguments is said to have noted that the society should not have constructed 31 floors as the Development Control Regulations (DCR), 1967, applicable to it, did not permit that. According to the state, the building situated in south Mumbai's upscale Colaba, could have been built only up to 46.5 m and not the present 100.7 m.

• A total of 214 witnesses were examined by the commission including then the Union Home Minister Sushilkumar Shinde, former Maharashtra chief ministers Vilasrao Deshmukh and Ashok Chavan, former army chiefs N C Vij and Deepak Kapoor, several IAS officers and bureaucrats from the state and central government.

ADARSH BUILDINGADARSH BUILDING

THANK YOUTHANK YOU