Former principal secretary of urban development department, Ramanand Tiwari, on Tuesday, told the Adarsh Commission that use of extra FSI of Brihanmumbai Electric Supply and Transport (BEST) plot was legally not permissible.
Tiwari had, in his deposition earlier, claimed that the FSI of the plot could be used by the agency as it was allotted to them. "Since the said plot was reserved for BEST in 1973, the FSI could be used by them," he had said on Monday.
However, on Tuesday, he claimed that the earlier statement was factually and legally incorrect. "Now I say that the said statement is factually and legally incorrect." Tiwari said that the plot had been allotted to BEST in 1973. However, their request for re-designating the land for housing was not agreed upon by the government. "The plot reserved for BEST, on account of the notification dated 2002, belonged to the government and its FSI could not have been used by BEST," Tiwari said.
The Adarsh Society, in March 2003, had written to the then chief minister Sushil Kumar Shinde seeking extra FSI from an adjacent plot reserved for BEST. The request was turned down in January 2004 by minister of state for urban development, Sunil Tatkare, as the grant of additional FSI was not permissible under DC Rules of 1991.
However, on August 2005, the state government allowed the society to use the FSI from the plot reserved for BEST depot.
Tiwari served as the principal secretary of urban development department from 2002 to 2008, during which Adarsh society got regulatory clearances.
Tiwari's son Omkar has a flat in the society. There are allegations that Tiwari had used his authority to give clearances to the society and has been charge sheeted by the CBI. He was also sacked from the post of the state information commissioner after Adarsh scam reports surfaced.