Not a role model

With Rahul Gandhi publicly disapproving the Maharashtra cabinet's decision to reject a judicial commission report on the Adarsh scam, all eyes are now firmly on Chief Minister Prithviraj Chavan and how he reacts to the political pressure

On Friday, at a press conference at the Congress headquarters in New Delhi, Rahul Gandhi, the party's vice-president, created quite a stir when he announced that he disapproved of the Maharashtra cabinet's decision to reject a judicial commission's report on the Adarsh scam. "Personally," said the supreme-leader-in-the-making of the party, "I don't agree with that decision. They should reconsider that." This came after some senior party leaders, including Member of Parliament Milind Deora, had questioned the Maharashtra cabinet's decision. Given the anti-corruption mood in the country, it was felt the Congress should not be seen brushing such matters under the carpet. On the stage with Gandhi at the conference was Maharashtra Chief Minister Prithviraj Chavan. When asked to react to what many consider Gandhi's diktat, he said he needs to discuss the matter with his cabinet colleagues first. All eyes are on Chavan now.

In south Mumbai, Ram Talawade, 35, who lives in a slum just a few steps away from the infamous Adarsh Cooperative Housing Society, was not at all surprised by the Maharashtra government's decision to reject the commission's report. In fact, he wondered why the government spent over Rs 7 crore on the enquiry - the money could have been used for other developmental activities which the city badly needs. Bombay High Court's retired judge, JA Patil, who headed the two-member commission to probe the Adarsh scam, was frank enough to say that he knew the Maharashtra government would reject the report as it had indicted four former chief ministers and many bureaucrats and its findings were "unpalatable" to the state government.

Chavan, who now finds it increasingly difficult to defend the decision, has passed the buck to the state cabinet in the hope that it would keep his image as Mr Clean intact. Chavan, who had termed the Adarsh scam as an unhappy episode, may have wanted to act on the report but it is an open secret that tremendous political pressure was mounted on him not to do so. One thing is for sure, the Adarsh story isn't over for Chavan - he cannot wish away the scam. In fact, it will be kept alive by the disgruntled elements within the ruling Congress and Nationalist Congress Party alliance and rivals who are determined to embarrass the chief minister. On the other hand, the opposition Bharatiya Janata Party-Shiv Sena alliance will use it to batter the already-sagging image of the Congress-NCP government. The saffron alliance has also announced that it will explore legal options to checkmate the Congress and NCP ahead of the general elections next year.

The commission had made some scathing observations: "The Adarsh project would not have come into existence without the political patronage it received right from the beginning. Adarsh is a shameless tale of blatant violation of statutory provisions, rules and regulations. It reflects greed, favouritism on the part of some people who were some way or the other associated with the Adarsh society." The commission has passed strong strictures against four former chief ministers - late Vilasrao Deshmukh, Sushilkumar Shinde (now Union home minister), Ashok Chavan and Shivajirao Patil-Nilangekar - for patronising those who perpetrated the scam, while Ashok Chavan and six others have been blamed for quid pro quo - a flat in the high-rise for lending it a helping hand.

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It all started in July 1999 when the society approached the state government for the allotment of prime land in south Mumbai's upscale Colaba area which is situated close to Indian Navy's most crucial base. The Congress-NCP government, which had dislodged the BJP-Shiv Sena government in 1999, was sympathetic to the society's proposals and the files moved fast to provide the necessary clearances. The late Vilasrao Deshmukh, according to the findings of the commission, issued a letter of intent to the society and granted it additional floor-space index (FSI, it essentially determines the height a building can attain) of the neighbouring BrihanMumbai Electric Supply and Transport plot. His successor, Sushilkumar Shinde, gave the letter of approval, while Ashok Chavan was instrumental in the allotment of land during his tenure as the revenue minister. Besides, former chief minister Shivajirao Patil-Nilangekar during his short stint as revenue minister approved the grant of land.

Ashok Chavan, as the revenue minister, in June 2000 cleared the file that would allow 40 per cent housing to civilians in the society which was earlier envisaged only for retired defence personnel. Further, he signed another file in May 2002 to sanction restriction of the width of Captain Prakash Pethe Marg from 60.97 meter to 18.40 meter which paved the way for making land available to the 31-storey society. This contravened the provisions of the Maharashtra Regional Town Planning Act. Ashok Chavan cleared yet another file to exclude 15 per cent recreational area from the land in June 2009 when he was the chief minister. His mother-in-law and two other relatives received flats in the society. However, they later surrendered their membership after the lid blew off the Adarsh scam.

Then principal secretary (revenue) DK Sankaran wrote on the file that the letter of intent be granted to the society subject to the coastal zone regulation (CRZ) approval from the Union ministry of environment and forests. His son has a flat in the society. However, it was subsequently found during investigations by the Central Bureau of Investigation and also by the judicial commission that the society, which falls under CRZ-2 norms, was cleared by state agencies without any formal approvals from the environment ministry. Under the CRZ-2 rules, it was mandatory to restrict the height of the Adarsh society to 30 metres, but it was raised to 100 metres. Further, NCP ministers Sunil Tatkare and Rajesh Tope tried to influence the decision without even having the power to do so during their tenure as the minister of state for urban development.

The Maharashtra legislative assembly's former speaker, late Babasaheb Kupekar, wrote a letter to then chief minister Vilasrao Deshmukh on July 29, 2005 to allow the society to have additional FSI to accommodate all the members since the sanctioned FSI was not adequate. Interestingly, in August 2005, he wrote to the chief minister asking for permission to dispose of the flat that he had got under the discretionary quota in another location in a suburb in Mumbai. On the same day he applied for membership in Adarsh society and it was granted. CBI has already filed a charge sheet against 13 persons including Ashok Chavan in connection with the Adarsh scam. But the country's premier investigating agency received a body blow when Governor K Sankaranayanan rejected its plea to prosecute Ashok Chavan. The Governor had exercised his discretionary powers and did not seek the opinion of the state law department.

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Mumbai's former district collector, Pradeep Vyas, called a meeting at his home in April 2003 in connection with the grant of land to the society; his wife, Seema Vyas, got the membership. Further, Ramanand Tiwari, former principal secretary of the urban development department, was responsible for the reduction in the width of the Captain Prakash Pethe Marg. He was also instrumental in granting the extra FSI. His son, Omkar, is a member of the society. PV Deshmukh, former deputy secretary, wrote in 2002 to the environment ministry to seek a no-objection certificate for the Adarsh society. The ministry replied that the powers were vested in the Maharashtra Coastal Zone Management Authority. Deshmukh interpreted it as an NOC and informed the society accordingly. He has a flat in the society. Former municipal commissioner Jairaj Phatak wrote that there was no need to refer the regularisation of the unauthorised 28th floor to the high-rise committee. However, he referred the matter to the Mumbai Metropolitan Regional Development Authority for its approval. His son, Kanishka, is a member in the society.

The nexus between politicians and officers was quite visible in the allotment of membership. Leaders from the ruling and opposition parties received flats. The commission found that only one-fourth of the 103 members approved were ineligible. The commission said these people or their kin, while in positions of power, had abused their positions. They were deemed ineligible due to the breach of service conduct rules. "It is a sad story of unscrupulous greed of some persons closely connected with the Adarsh society," the commission noted. Furthermore, more than 22 flats were found benami, which is not allowed under the Benami Transactions (Prohibition) Act, 1988.

The legal battle is expected to continue. The 12 officials involved - both serving and retired - might face disciplinary action. CBI will have to strive to prove charges in the courts, though it will be difficult to prosecute former chief minister Ashok Chavan without the Governor's consent. CBI will have no option but to seek the high court's intervention. The ruling Congress-NCP alliance is already engaged in a verbal duel but will not stretch it beyond a limit. On The Adarsh scam will likely become one of the many scams that will hurt the ruling alliance in the coming Lok Sabha elections. After all, as the commission said, it was a shameless tale of blatant violations.