Dear Friends,
Mumbai Metropolitan Region Development Authority (MMRDA) was constituted to build urban projects to unify the MMR region; Is Adarsh Society such a project? If not, how did MMRDA issue Occupation Certificate to Adarsh? Isn't this a job that only the Municipal Corporation could have done?
Documents procured under RTI by retail trader and activist Viren Shah reveal how Ratnakar Gaikwad, as MMRDA's Metropolitan Commissioner, casually overruled very strong objections raised by Western Naval Command and gave Occupation Certificate to Adarsh society. By doing so, Mr Gaikwad put the spotlight on a question haunting some administrators and activists: Does MMRDA have constitutional mandate for such decisions? Because unlike municipal commissioners who are answerable to the our elected representatives i.e. the corporators, MMRDA's Metropolitan Commissioner answers only to Chief Minister and Urban Development Minister, and enjoys authority bypassing all the Municipal Corporations in the Mumbai Metropolitan Region.
On 25 June 2010, the Flag Officer Commanding-in-Chief, Western Naval Command, addressed a letter to Maharashtra's Chief Secretary, Municipal Commissioner Greater Mumbai and Principal Secretary Urban Development – the correct persons empowered by the legal and Constitutional framework to take decisions in this regard.
See page 1 and 2 of http://tinyurl.com/RatnakarG1
The defence chief referred to an earlier letter written on 8 June, and raised "serious concern with regard to the construction of a building by a private housing society in the vicinity of defense installations at Colaba Defence Station, Mumbai, and the necessity for screening of the allottees from the security point of view". Mentioning the increased threat perception post 26/11 and asking for the list of allottees, he said, "It is of the utmost urgency from the point of view of security... that necessary directives under Section 154 of the MRTP Act 1966 be immediately issued by the Government of Maharashtra to the Planning Authority not to grant any Occupation Certificate, partial or otherwise whatsoever, to the said building/society, which is in the vicinity of the WNC Defence installations /Colaba Defence Station till the desired information is provided by them, and vetted by this Headquarters. You are requested to kindly take action on the aforesaid, failing which HQ WNC would be constrained to take legal recourse to legal proceedings."
This letter must have created a flutter in Mantralaya, and hectic activity and cover-ups for a couple of months, but the defence chief did not get the simple thing that he had asked for – the list of allottees. The Chief Secretary sat over it for a couple of months, and then passed the buck to Metropolitan Commissioner Ratnakar Gaikwad on 30 August. (See page 3.)
And then Ratnakar Gaikwad sat over it for another month. He coolly replied on 29 September that, based on a letter written by the secretary or chairman of Adarsh Society (amazing but true!), the OC had been issued on 16 September. If the defence chief had any security problems, he should now go to police commissioner, he wrote. Here is exactly what Mr Gaikwad said:
"Sir, please refer to your above cited letters. In this regard, secretary of the society has written a letter to MMRDA in which it is stated that 'It is reliably learnt that Naval Authorities have also written to your office regarding the antecedents of members of our Society. In this context, I would like to bring it on record for your kind information that the society consists of members from Army, Navy, Government of India Officers from IAS, IPS, IFS, IRS and other Government Officers. Our members are including Ex Chief of Naval Staff, Ex Flag Officer Commanding in Chief, two formal Chief of Army Staff and other senior officers from Army, Navy, Defence Estates etc. The Society also have Hon'ble Members of Parliament, State Assembly besides senior people who held position of Union / State Cabinet Ministers and Speaker of Maharashtra Assembly. It is also brought on the record that the land in question is State Government land allotted to the Society by the State Government andMembership have been approved by the Government of Maharashtra/Collector Mumbai according to the Government Resolution in force and antecedents of all the members have been verified and approved by the government prior to allotment of membership.
'In the light of above, any further verification of antecedents of members by the navy appears to be overstepping the right of propriety vested in the Government of Maharashtra and Collector Mumbai City, who have verified and approved the names.'
"IN VIEW OF THE ABOVE, IT IS FELT THAT AFTER COMPLETION OF THE BUILDING, BASIC ISSUES MAY NOT BE RAISED. If there is any reasonable apprehensive about the members of the society from the security point of view, you may refer the matter to the appropriate authority such as Commissioner of Police, Mumbai. MMRDA has issued the Occupancy Certificate to the Adarsh Society on 16/9/2010. Yours faithfully, Ratnakar Gaikwad, Metropolitan Commissioner."
With this fait accompli seemingly based on an ordinary letter written by a building society chairman, Metropolitan Commissioner Ratnakar Gaikwad dismissed the concerns expressed by someone who is only two or three levels below the President of India, Supreme Commander of the Armed Forces! The question now being asked is: Does he have the authority to do this?
Since when did handing out Occupancy Certificates to private building societies become part of MMRDA's duties? Was it envisaged in the MMRDA Act? Or is this yet another illegality perpetrated by the State Government means of an innocuous government resolution (GR) to favour the builder lobby?
We need to study this and consider going to court.
Warm Regards,
Krish
98215 88114
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