City-based social activist Santosh Daundkar on Tuesday moved the Esplanade metropolitan magistrate court, asking it to direct the State Anti-Corruption Bureau (ACB) to register an FIR on the complaint lodged by him on November 9 on the Adarsh Co-operative Housing Society in Colaba.
In the complaint, Daundkar has named Ramanand Tiwari, the then principal secretary (Urban Development Department) and present information commissioner Kanhaiyalal Gidwani, member of Legislative Council and RC Thakur, chief promoter of Adarsh CHS.
The complaint alleges that Tiwari had deleted reservation of an adjacent plot reserved for a BEST depot by illegally using powers under section 50(2) of the Maharashtra Regional Town Planning Act.
Daundkar alleged that the legal fraud allowing Adarsh CHS to construct additional 12 floors was done for extraneous reasons as later Tiwari’s son Onkar got a flat, worth Rs 8 crore, for only Rs 60 lakh in the society.
The complaint also alleges that despite the plot falling under coastal regulation zone, Adarsh CHS was allowed to avail a FSI beyond maximum permissible limit — 1.33 — specified under CRZ Notification of 1991.
Citing a government resolution issued in February 1999 which specified income limit of Rs 12,500 a month for non-government servants, the complaint adds Onkar Tiwari was accommodated in Adarsh society although his monthly income was much more that the specified limit for becoming a society member.
Daundkar’s counsel and former IPS Officer YP Singh said they were compelled to move the court with a private complaint because of ACB's failure to register an FIR within 48 hours of receipt of our complaint.
The plot admeasuring 3,758 sq m on which Adarsh CHS has been constructed, was created by dropping proposed road widening of Prakash Pethe Marg. The largest plots formed because of reduction in proposed road widening, was allotted to Adarsh CHS.
Later, the society sought further allotment of adjoining plot admeasuring 2,700 sq m, which was reserved for a BEST depot.
Although the plot continues to be used by BEST, Adarsh Society has already consumed its FSI potential, which was legally impermissible according to the complaint.