Lohegaon defence land scam

Court summons two officers in Lohegaon defence land scam case
Brigadier Talwar and Colonel Shukla told to be present in court on September 20 in the Rs 800 crore case
Pune Mirror Bureau
Posted On Thursday, August 30, 2012 at 08:42:24 AM
The court of Judicial Magistrate (First Class) M Y Doiphode on Tuesday issued summons to Brigadier Sanjeev Talwar (Corps of Engineers), ex-commander of station headquarters, Kirkee (Aundh), and Colonel Sharad Shukla, ex-commanding officer of Dunkirk Lines- Signals Regiment, Pune, to be present in court on September 20, 2012 in the Rs 800 crore Lohegaon defence land scam case.
City-based builder Harish Milani (57) has alleged in his complaint filed against the duo in court that they misused their authority to show a piece of private land as defence land.
Earlier, Kevin Pinto, who had purchased the land from Milani, as well as then Defence Estate Officer S R Nayyar and Milani were arrested by the CBI for allegedly cheating the Government of India in this matter. They face the charges of falsely claiming ownership of the 69.4 acres of defence land on Survey no 233-A in Lohegaon.
In his complaint filed in May, Milani has stated that based on the land ownership certificate of Dunkirk Lines (dated July 17, 2009), Sector 6, the land (79 acres and 3 gunthas) is not part of the said certificate.
The complaint categorically states, “Talwar misused his official position and prepared a forged land ownership certificate dated July 24, 2009, and included the said land as part of this certificate.
Thus the total area of land jumped to 150 acres and 24 gunthas. This was signed by Shukla and Talwar. They had forced the then DEO to sign the allegedly forged certificate.”
Earlier in this, case Milani had also filed a complaint in the court, alleging that CBI officials and Ramesh Govani, chairman of Kamala Mills Limited had conspired and created fabricated evidence to frame him in the matter. Milani has also demanded Rs 100 crore as compensation for the mental torture he has undergone.
Brigadier Sanjeev Talwar, ex-commander of station headquarters, Kirkee (Aundh), and Colonel Sharad Shukla, ex-commanding officer of Signals Regiment, Pune, to remain present in court on September 20. They had allegedly misused their authority to show a private land in Lohegaon as defence land.

Adarsh Scam: Army Chief's spin the Judicial Commission

Another ex-Army Chief Gen Vij says Adarsh no security threat
Published: Wednesday, Aug 22, 2012, 21:22 IST
Place: Mumbai | Agency: PTI
After Deepak Kapoor, another former Army Chief NC Vij today took a stand at variance with the defence ministry when he said he did not see the controversial Adarsh Society building here as a security threat.
Gen Vij told a judicial panel that what mattered was credentials of occupants, not the 31-storey building itself.
"I visited Adarsh building only for a few minutes. I did not consider the security aspect....it is not the building but the occupants who have to be scrutinised from security angle. If the occupants are trustworthy and dependable, then there is no question of security threat," Vij told the two-member commission set up by Maharashtra government to probe the Adarsh scam.
Earlier, Gen Kapoor had told the commission that he did not consider Adarsh -- which stands very close to a Defence premises -- as security threat, because there were several other high-rises in the area.
The stand taken by Vij and Kapoor is in sharp contrast to Ministry of Defence's claim that the highrise building in upscale Colaba is a security threat, and should be pulled down.
"As far as security threat aspect is concerned, it requires detailed appreciation of a number of factors like the population profile of cantonment, how many civilians and military personnel are there, the layout of the general area, the vulnerable targets and the surrounding area profile. This has to be done by the Local Military Authority," said Vij.
Soon after the scam broke, he learnt that several personnel of Local Military Authority and Southern Command were members of Adarsh Society, Vij said.
Both Kapoor and Vij were members of the society, and later sought to surrender their flats when allegations about illegal permissions granted to Adarsh by civic/state authorities cropped up.
"I have written letters to the society and Collector of Mumbai seeking to surrender my flat, but I have not got any reply," Vij said.
Another ex-Army Chief Gen Vij says Adarsh no security threat

Land sharks squat on defence ministry’s 12,000 acres

TNN | Jun 12, 2012, 02.34AM IST
NEW DELHI: A staggering 12,000 acres of land managed by the defence ministry has been encroached on and much of it for more than 20 years, the ministry informed Parliament's Public Accounts Committee (PAC) on Monday.
Of the total land encroached, 4,500 acres is under the defence estates management and the ministry is now engaged in recording, updating and microfilming lakhs of documents while also reviewing leases that have either expired or are under dispute.
Ministry officials faced some sharp questions from PAC members like N K Singh, Bhatruhari Mahtab and Shashi Tharoor over how proceeds from land developed by government and private parties was used and whether there were records of No Objection Certificates (NoCs) granted by defence authorities.
There was a brief reference to the Adarsh scam with Congress MP Sanjay Nirupam wanting to know whether the ministry could claim ownership of the controversial real estate in south Mumbai if it had never received an ownership deed.
Mahtab, however, pointed out that the relevant record of defence owning the land could be a part of military land records that the ministry has been asked to locate. The land on which the society came up in violation of norms with flats worth in crores allotted to influential persons has been in the defence ministry's possession for several years.
Perhaps wariness about land issues after the Adarsh scam, saw the ministry respond to the committee's queries after five reminders and a year after the Comptroller and Auditor General (CAG) report reached the PAC.
The defence establishment owns a little over 17 lakh acres of land and with the NoC granted, although not executed, for a private school leading to the highly publicized Sukna land case, members wanted to know how many NoCs have been granted in recent years.
The query, however, drew a blank as a senior ministry official said the information was classified leading to MPs demanding that it be shared with the panel internally. The ministry carefully told the committee that it has made public information regarding "old grants", many that have been concluded in British times.
Tharoor is believed to have expressed surprise over the manner in which funds generated from land transactions were not monitored under a separate head as he felt these should be deposited in the consolidated fund of India.
In its presentation, the ministry said it has now banned any NoC being issued to private parties and this was being strictly complied with while all defence organizations were actively computerizing records that were placed under electronic time seals signed by relevant officers.
Land sharks squat on defence ministry’s 12,000 acres

Judicial Commision tries to Make Monkey of the Military

Land belongs to army: Gen VK Singh

HT Correspondent , Hindustan Times Mumbai, May 01, 2012
General VK Singh, the Chief of Army Staff, was categorical when he said that the land, on which the infamous Adarsh Co-operative Housing Society stands, belongs to the army.

General Singh was in Mumbai to attend a book release function at Mulla Auditorium in Colaba.
General Singh’s statement is in stark contrast to the interim report submitted by the judicial commission to the Maharashtra government.
“The land belongs to the Army,” said General Singh when questioned about the ownership of the land.
The Maharashtra state-appointed judicial commission had concluded that the plot of land in Mumbai belonged to the state government and was not meant for families of Kargil war martyrs, as claimed by the army. The report had stated that the defence establishment could not give sufficient documentary evidence to prove its claim over the land.
But General Singh said, “It was a commission created by the state. We have given documents which has a lot of depth and truth. But whatever documents we had given to the commission, they were not stressed upon.”
When questioned about demolishing the structure, General Singh said: “The order is already there. The onus is on you (media) to ensure it is done.” General Singh further added that corrective measures are being taken to ensure such land scams do not happen in the future.
“During my tenure in the army, whenever an irregularity has been brought to my notice, whether it is Adarsh or Sukhna land scam, action has been taken.” Army chief also pointed out the lack of accountability of the Defence Estate Office to the armed forces.
“At some point the defence estate office used to report to the armed forces,” he said.
“But it was discontinued. And from then there have been instances of additions and subtractions,” he added.
http://www.hindustantimes.com/India-news/Mumbai/Land-belongs-to-army-Gen-VK-Singh/Article1-848751.aspx
Comment: The Adarsh Scam was the brain child of former Army Chief's who are having the last laugh. A Ponzi scheme to make a fortune in real estate by roping in corrupt bureaucrats and Politicians who made the scheme feasible and ACR's of pliable Officers tweaked at AHQ. The real Military Culprits are now retired and gleaming over their scheme. Few are now cooling their heals in prison comfort. The Land belongs to the Military was never the question... but a twist was given to delay and confuse the real issues. Culprits should be tried for treason.

Adarsh: A calculated Military Ponzi scheme to reap a harvest

Adarsh case: Land does not belong to defence, says interim report
Reported by Priyanka Kakodkar, Written by Mala Das | Updated: April 18, 2012 01:40 IST
Mumbai: In a huge relief to the Maharashtra government, the judicial commission of inquiry looking into the Adarsh housing scam has held that the land on which Adarsh Housing Society stands belongs to the government, and not the Army.
The state government had approached the commission a few months ago seeking an interim report on the points of title and reservation. A two-member panel was set up to probe the scam in January last year.
The panel, which submitted its interim report to the government last Friday, also held that the 31-storey high-rise was not reserved for war heroes and Kargil widows.
Findings of the interim report, many say, could impact the case of the CBI that's running a parallel probe contending it's a Defence land grab. The investigating agency, however, says that these findings will not affect its case as it is not investigating the land title but the larger conspiracy and corruption.
When the Adarsh scam broke, politicians, bureaucrats and Armymen were accused of grabbing Defence land. This report comes as a vindication of the state's stand that it was government land and it was free to allot it.
"From day one, we have been saying the same thing. But the issue was so hyped by the media and after a lot of publicity and media attention, nobody accepted the stand of the government," said Union Science and Technology Minister Vilasrao Deshmukh told NDTV.
"There is no conspiracy. That is established today," said former Maharashtra chief minister Ashok Chavan.
This report provides some relief to those involved in giving initial clearances like former chief ministers Vilasrao Deshmukh and Sushilkumar Shinde.
The judicial panel has been tasked with probing all aspects of the scam, including ownership of the land and allotment, as well as alleged violations of rules in grant of various clearances to the building. The commission is also looking into violation of coastal zone regulations.
The illegal green clearance against which the Union Environment Ministry has taken a strong stand came during Mr Mr Shinde's tenure. During Mr Deshmukh's tenure, doubtful additional building rights were granted to Adarsh. And Mr Chavan still faces charges of conflict of interest as three family members were allotted flats in Adarsh during his tenure as revenue minister.
Original Post- click here
Comment
Who then are the culprits who handed over the Khukri Garden Military Lands to Adarsh? Till that point of time there was no controversy regarding the Military Land Ownership. The criminals have arm- twisted the Military out of its fencing! The Adarsh scam is only a droplet in the ocean- an eye- opener to what is is happening in all the cantonments- Land sharks have ursurped Miltary Lands by paying bribes to title holders at the lowest level but operating from the top....

How President and Politicians grab Military Land? A viscious cycle

National Security at Stake...
President’s office only sanctioned repairs to two bungalows; the President defied this, April 13, 2012 07:17 PM | Vinita Deshmukh

This bungalow in Khadki Cantonment area near Pune was taken over and later demolished

RTI documents reveal an official communication to President Pratibha Patil that new construction is “not the right option".

In reaction to our report on how President Pratibha Patil has grabbed defence land, far in excess of her entitlement to build a palatial post-retirement residence, we now have further documents and photographs to show how two bungalows was commandeered for the President for demolition and reconstruction.

Things began moving when Pratibha Patil opted for Pune as her home after retirement. “The president has expressed her desire to settle down in Pune, Maharashtra on completion of her tenure on 25 July 2012. Keeping that in mind, Bungalow no 38 and 26A which are contagiously located within the Defence Cantonment area on Bombay-Pune Road have been identified.’’

Interestingly, the President’s office in that letter had taken the line that the bungalows should be only repaired and not demolished for construction of a new one, as recently February 1, 2011. However, almost in the same breath it also finds a specious way to justify allocation of property in excess of the eligibility of house accommodation for a President, post-retirement, when the intention was apparently quite different.

A letter written by Dr Christy Fernandez, secretary to the President of India, to home secretary GK Pillai on 11 February 2011 (obtained by activists), states that any new construction is “not the right option as it would not operationally be convenient and aesthetically acceptable.” Hence, the letter suggested that the next bungalow no 26A be used for office purposes.

This bungalow in Khadki Cantonment area near Pune was taken over and later demolished

RTI documents reveal an official communication to President Pratibha Patil that new construction is “not the right option’’

In reaction to our report on how President Pratibha Patil has grabbed defence land, far in excess of her entitlement to build a palatial post-retirement residence, we now have further documents and photographs to show how two bungalows was commandeered for the President for demolition and reconstruction.

Things began moving when Pratibha Patil opted for Pune as her home after retirement. “The president has expressed her desire to settle down in Pune, Maharashtra on completion of her tenure on 25 July 2012. Keeping that in mind, Bungalow no 38 and 26A which are contagiously located within the Defence Cantonment area on Bombay-Pune Road have been identified.’’

Interestingly, the President’s office in that letter had taken the line that the bungalows should be only repaired and not demolished for construction of a new one, as recently February 1, 2011. However, almost in the same breath it also finds a specious way to justify allocation of property in excess of the eligibility of house accommodation for a President, post-retirement, when the intention was apparently quite different.

A letter written by Dr Christy Fernandez, secretary to the President of India, to home secretary GK Pillai on 11 February 2011 (obtained by activists), states that any new construction is “not the right option as it would not operationally be convenient and aesthetically acceptable.” Hence, the letter suggested that the next bungalow no 26A be used for office purposes.

As per the inspection site report of the Defence Estate Office done on 23 and 24 June 2011, bungalow No 38, which has been acquired, itself has open space of around 3.40 acres which amount to 1.48 lakh odd sq ft. This by itself exceeds the eligibility criteria of house accommodation for a retired President. According to the home ministry’s rulebook, this should not exceed 4,498 sq ft. Nevertheless, bungalow No 26A was also requisitioned on the claim that it would be required for office purposes, if No 38 were not demolished. That bungalow, as per the site inspection reports rests on 2.10 acres of land. So the total area allocated to the President is 5.5 acres, which is 2.42 lakh sq ft. That is official now, thanks to documents procured under the RTI Act, from the President's office and the Defence Estate Office in Pune.

Mr Fernandez, a loyal official, makes a case for the President needing more space in the letter to the Mr Pillai with this argument, “The bungalow No 38 does not have adequate space to set up the office and the related facilities required to be provided to a former President. Creating this extra facility in Bungalow No 38 would amount to additional construction to the existing building, which may not be the right option as it would not be operationally convenient and aesthetically acceptable. Hence, the request for using the adjacent vacant building for the purpose of setting up office, etc.

The letter continues to reiterate the aspect of repairs. It states, "Special repairs required prior to occupancy of the building and its subsequent regular maintenance and upkeep will have to be undertaken by the Defence establishment itself, as it would be administratively and operationally convenient to do so... It is necessary to take up the matter straightaway since the civil work involved will be time consuming as the building require heavy repairs particularly the one which remains unoccupied."

Bungalow No 38 was, until a few months being used as an official accommodation for a military officer. There is nothing wrong if this is given to the President as she or he is entitled to an existing government accommodation. However, it is a mystery how the argument made against demolition of an existing bungalow is used to usurp another one and then both are demolished to start a brand new construction. The letter from the President’s office, clearly seeks that the bungalow be vacated for repairs: "It is understood that Bungalow No 38 is presently occupied by the Commandant Works, Bombay Engineering Group and Centre (The Bombay Sappers) while Bungalow No 26A is presently lying unoccupied."

The matter was informally discussed with the Defence authorities who are inclined to allow the use of these buildings for the suggested purpose without any change of their ownership. Hence the matter may please be taken up with the Ministry of Defence for timely vacation of the premises to carry out requisite repairs to render them befitting for occupation on completion of the tenure of the President.

And so the mystery of the new construction has still to be unravelled. The ownership of one of the two bungalows is also a separate story.
Click here for the original post

President and her extended family eyes for grabbing A1 defence land

President had eyes set on classified A1 defence land
Saturday, 14 April 2012 00:22 TN Raghunatha | Mumbai
If new revelations are anything to go by, there is more than what meets the eye behind the allotment of two bungalows for the construction of President Pratibha Patil’s post-retirement home at Khadki in Pune.
First, informed sources in the Defence Estate Office of the Pune-based Southern Command, have revealed that the two plots where bungalows
number 38 and 26-A were located, are on plots of land which have been classified as “A1 defence land” which should be “in active occupation of the forces and allied services” and the where civilians should not be allowed to undertake construction.
In essence, it is surprising why Army Commander of the Southern Command Lt Gen AK Singh, under whose jurisdiction the Military Engineering Services (MES) undertook the construction of the President’s new bungalow on two plots of land, did not raise any objection to locating the civilian residential structure on plots of land classified as “A1 defence land”.
Click here fo the complete story: President had eyes set on classified A1 defence land

Does the President need free military lands for post retirement luxury?

Dear Veterans,
1. Do you really feel it is justified to allot Residential land out from the Defence Land to the President of India at Khadki Cantonment Pune. Why Prime Defence land only, Ms Pratiba patil is president of India and has proved to be a Dummy Supreme Commander of the Armed forces. Thousands of Medals belonging to Defence Veterans are lying with the President, deposited in Protest for granting OROP, a well deserve benefit required by ESM.The president has till date not even looked at the deposited medals lying in president custody and wants to reap fruits of Post retirement from the Defence quota of land.
2. Is there a dearth of land or place for the President from Maharatra in Maharastra. The govt is quoting rules about the desire of President without taking into account the land grab cases against her husband and son caught with crore cash during elections and her picnic with family members have costed Rs 250 Crores from the Sate Exchequer on foreign trips.God save India from such Politicians who have no more regard to the Armed forces and their preparedness for war. The combat soldiers are suffering for allotment of accommodation due to scarcity of buildup accommodation, they are allotted in turn as per the unit seniority register, but we have to Salute the Netas for their own benefits always in forefront.
3. The ESM of Pune headed by Lt Col Suresh Patil "Justce for Jawan", has taken the right stand to challenge the non-deserving Head of the state to occupy and get allotted more then five acres of land allotted from Defence Land. Do you really think such huge area is required by the President after retirement, keeping in view the Past roles of previous presidents in active Politics or in National building except Ex-President ABJ Abdul Kalam, who is still active.
4. ESM must unite together and raise their voice against the allotment of residential land to a non-deserving President who has done nothing for the welfare of ESM and has been a mute spectator. Did not even receive the medals of brave sepoys of the Nation. ESM must get together at Pune and organize a rally to oppose the allotment to convey the message to the President about the feeling of neglect by the Supreme Commander.
5. We request Lt Gen Raj Kadyan, Maj Gen Satbir Singh of IESM to spearhead against the largesse bestowed on the President, others will follow.
.... Sanjha Morcha

Is the President telling the truth? Her travels abroad leave much to be desired!

President Denies Grabbing Pune Land For Post-Retirement House
[ Updated 12 Apr 2012, 22:57:26 ]

New Delhi, Apr 12: The President Ms Pratibha Patil has denied media reports that prime Pune cantonment land was "grabbed" to build a post-retirement house for her.

A press release issued by Rashtrapati Bhavan said, a section of the media has been reporting that the President l has "grabbed" land much in excess of her entitlement to build her post retirement home in Pune.

The press release said, these news items were facturally incorrect and malicious.

Giving details about the issue, the release said:

"To say that a house is being constructed for occupation by the President on demission of office by "snatching" or "grabbing" land meant for soldiers is factually incorrect and malicious. The land belongs to the Ministry of Defence and will continue to remain with the Ministry of Defence.

"The title of the land is not being alienated in any manner whatsoever. The ownership of both the land and the house she will be occupying will continue to remain vested in the government and therefore there is no substance in the allegation of personal gains.

"The President is entitled to accommodation after demission of office as provided for under the President's Emoluments and Pensions Act, 1951.

"It is therefore the legitimate entitlement of the President to occupy an accommodation provided by the government and all former Presidents have availed this benefit.

"The only variance in the present case is that the President will be occupying a government accommodation outside Delhi.

"The said rules provide that the size of the residence to be provided to the President on demission of office shall be comparable to a residence allotted to a Minister in the Union Council of Ministers.

"It is common knowledge that houses of Union Ministers in the Lutyens' Zone area, though belong to Type VIII category, are not of any uniform size. Quite logically, therefore, the President's Emoluments and Pensions Act does not specify a fixed living area for former President's when they occupy a government accommodation.

" The mention of living area not exceeding 2000 sq. ft. is only indicative and applicable where a suitable government residence is not available and a residence is to be taken on lease/rent basis, which does not apply in the present case, since the President will be occupying a government accommodation.

"The present residence occupied in Pune is a house which was earlier occupied by an officer at the level of a Lt. Colonel.

"The house being old, needed renovation to make it suitable for residential purposes and accordingly certain additions/modifications have been taken up to suit the requirements of the President on demission of office.

"The President is not coming in the way of residential accommodation being provided to Territorial Army cadets. That only that plot of land which is to be used for accommodating the President must only be used for providing residential accommodation for soldiers lacks rationale.

"Merely because the President has chosen to reside in the Cantonment area cannot be viewed as being apathetic or indifferent to the welfare of the soldiers. Surely, the city of Pune and surrounding areas have enough alternative land available for their accommodation. "

An organisation of ex-servicemen in Pune had alleged that over fives acres of land had been alloted for purpose of her residence after she demits office later in July this year when her five-year term ends.

Suresh Patil, a retired Lt Col of the Pune-based 'Justice for Jawan', part of NGO 'Green Thumb' group, who has accessed details about the Government's measures for providing her housing in Pune, claims that a large extent of land measuring over 2.60 lakh square feet has been alloted to her in Khadki cantonment in Pune.

He claims that a house with a plinth area of 4,500 square feet is being built for her by bringing down two British-era county bungalows.

The former Army official questioned why such a large extent of land was being fenced to protect this house for Pratibha Patil, who recently made news when an RTI application brought out the fact that over Rs 205 crore were spent on her foreign travels.

Col Patil said that he had sent several RTI applications to the Army's Southern Command seeking reasons for fencing the entire five acre land with a wall but failed to get any response.
President Denies Grabbing Pune Land For Post-Retirement House
Click here for the Truth Ministry's clarification
Comment: The President will continue to be thorn for the tax payers. Her lavish family life style does nothing to reduce poverty in India. She is edifice of the false face of India! MOD dancing to her tunes. She has done nothing as Supreme Commander for the Serving Soldiers or Veterans. She goes down in history as a lady who lives in Royal Style! RTI should expose her hollowness and double speak....

Declare Adarsh a security threat: Army

22 Feb, 2012, 08.35AM IST, The writer article Rajshri Mehta,TNN
MUMBAI: With the Maharashtra government shying away from implementing the 2011 ministry of environment & forests order to demolish Adarsh, the defence ministry has opened another front to reclaim land on which the controversial 31-storey building stands in Colaba.
The local army unit has filed a writ demanding that Adarsh be declared a security threat to the Colaba military station. Calling it a 'private' society, the petition said Adarsh being the tallest building overlooks military establishments like the Electrical and Mechanical Engineering (EME) workshop, a storage and disbursal depot for petrol, oil and lubricants, within 27 metres to a maximum 400 metres.

"The entire top decision-making echelons-the General Officer Commanding (GOC) window being clearly visible-at the headquarters of the Maharashtra, Gujarat and Goa (MG&G) area can be eliminated with sniper rifles and other hand-held weapons with the building barely 200 metres away,'' the petition filed through Deepak Saxena, major general (chief of staff) of MG&G area, said.

Citing the case of US president Barack Obama watching live in Washington the operation to kill al Qaeda leader Osama bin Laden in Pakistan, the petition pointed out that it may be possible for residents of the building to observe numbers and types and movement of personnel, specialist and general purpose vehicles that may be parked in the workshop, from which their availability/serviceability can be analyzed.

"...potential residents of Adarsh and their guests, who could be foreign nationals, will not be under the jurisdiction of the Indian Navy or Indian Army authorities and hence not amenable to security checks," army officials added, detailing a range of hand-held weapons available with terrorists that can be smuggled into Adarsh.

The army pointed to violations in provisions of development control regulation 16, which states the municipal commissioner can reject a building proposal if he considers it to be source of danger to the health and safety of inhabitants of the neighbourhood.

The role of five GOCs from 1999 to 2010 as being responsible for the security risk arising from the building was also pointed out. "Each successive GOC, be it A R Kumar, V S Yadav, T K Kaul, Tejinder Singh and R K Hooda, or their family members, were given a flat and thus, none objected to the land under occupation and owned by the army to Adarsh," officials said.

To buttress security concerns, the army cited the example of Pakistani American national David Coleman Headley, currently in US custody, who surveyed sites across the city before the 2008 terror attacks in Mumbai.

The army said that to ensure a Adarsh-like situation is not repeated, they (in addition to the Western Naval Command) have sent a proposal to the defence ministry to restrict the construction and height of private buildings around 500 metres of the military station.

It added that as early as June 2003, the then defence estate officer has raised the issue of a security threat with the collector of Mumbai. In fact, it mentioned that the occupation certificate (OC) was issued to Adarsh despite a written request to the Mumbai Metropolitan Region Development Authority ( MMRDA) to withhold its issuance, citing security concerns in 2010.
Declare Adarsh a security threat: Army

Army officers gave away Pune land willingly

India Today Krishna Kumar Mumbai, February 8, 2012 | UPDATED 15:55 IST
The CBI investigations into Pune's Kalpataru land scam have thrown up shocking leads, which hint at the involvement of a select group of army officers in influential positions in all the scams reported from Maharashtra, including Adarsh.
The agency claims that former defence estates officer S.R. Nayyar, allegedly involved in the Kalpataru scandal, played a major role in the Adarsh scam too. Suspected to be involved in several major scams, Nayyar was already under the scanner when the CBI took up the Kalpataru case probe.
Investigating around 30 benami flats in the Adarsh housing society, the CBI ran into Vishal Kedari, who owned on paper one such benami flat. Kedari's trail brought the CBI to Pune where it realised that he could not have purchased the Rs.71-lakh flat since he was unemployed and did only odd jobs. Yet, he had managed to purchase the expensive flat without any bank loan.
Kedari's questioning revealed that he had got Rs.31 lakh as loan from Nayyar, whom he considers his "father figure". The rest of the amount was also given by other "father figures and friends", Kedari claimed.
But the CBI has evidence to show that Kedari was just a front and that the real flat owner is Nayyar himself.
So how did Nayyar manage to pay for the Adarsh flat? Well, the CBI did not have to look far. Nayyar was already under the scanner after he gave away 69 acres of army land to a private builder. He forged land records to show that the land belonged to Kevin Pinto. In return for his "services", Nayyar received Rs.2 crore in bribe in April 2008, which later went into buying the Adarsh flat through Kedari.
The CBI now believes that Nayyar and many of those involved in the Adarsh and Kalpataru scams were part of an army cartel that was involved in such "parcelling" of land worth crores to builders in lieu of money.
Read more at: click here

Land Grab. And how to make millions: Maharastra Style
The politician-builder nexus in Maharashtra has plundered away prime land. Can Prithviraj Chavan break the vice-like grip the realtors have over the state? Ashish Khetan reports: Click here to learn about the modus operandi of Maharastra Political Criminals

Pune Land Scam: Former vice chief of Army raided

Former vice chief of Army raided as part of land scam inquiry
Nitin Gokhale, Updated: January 31, 2012 19:55 IST
Pune: Lieutenant General Noble Thamubraj, the former vice chief of the Army and former Defence Estates Officer, Pune, SR Nayyar have been raided in connection with a land scam in Pune.
Officials from the CBI visited their homes in Pune this morning. Cases against them now include charges of criminal conspiracy, cheating and criminal misconduct.
Both officers allegedly played lead roles in violating the terms of lease of a one-acre plot of Army land in the Pune cantonment area to Kalpatru Builders.
Noble Thamburaj was Southern Army Commander before becoming Vice Chief of Army Staff. He retired in 2010. The CBI says that Nobel Thamburaj and SR Nayyar sanctioned a deal skewed in favour of the real estate developers, costing the Army Rs 46 crore.
Kalpataru Builders are involved in another land scam in Mumbai. According to the CBI, in 2007, three acres of land in Kandivali West next to an Army Ordnance Depot was used by by Kalpatru Builders to construct a multi-storied building. Army officials said the mandatory No objection Certificate was not taken from the authorities concerned. The building also compromised the Army's security. The Army believes that a network of officers colluded to profit from underhand arrangement.
Read more at: Former vice chief of Army raided as part of land scam

Comment: What about Officers involved in the Adarsh Scam? Why the go slow?
Noble Career engulfed in corruption
Lieutenant General Noble Thamburaj, a 1969 batch officer, had a distinguished career spanning 38 years. Associated with the Armed Forces services right from childhood, this second generation officer is an alumnus of King George’’s Military School Chail, Sainik Schools Amravati Nagar and Jamnagar, and the 34th NDA Course, before he was commissioned into the Bombay Sappers. An alumnus of Defence Services Staff College, Wellington, the General has done his Senior Command, Higher Command and NDC Courses. He is also accredited with higher technical qualification, M Tech (Bldg Sc) from IIT Delhi and M Phil (Defence Studies) from Indore University. During his illustrious career, the General has held many important assignments including that of a Brigade Major of a Mountain Brigade, command of 411 parachute field company, command of his parent unit 109 engineer regiment in high altitude area in the eastern region. He commanded a Rashtriya Rifle sector in counter Insurgency environment during ”Operation VIJAY” and an infantry division during ”Operation PARAKRAM”, in deserts. Besides, he has been an instructor in Defence Services Staff College Officers Training Academy, Chennai. A paratrooper, the General still participates in the para drops whenever opportunity comes his way. For his distinguished service, the General has been awarded Sena Medal and Chief of the Army Staff commendation card twice in his career. In his career spanning 39 years, the General has seen action during Indo-Pak war, counter insurgency in North East and Jammu and Kashmir. The General is married to Anita Thamburaj and has two daughters. (ANI)
click here to read more

Former Army Commander's lukewarm and unsoldierly response
Why am I 'singled out', asks ex-Army vice chief He should come clean on the conspiracy, beneficiaries and the co- conspirators.

CBI to probe sale of Army plot to private builder in Mumbai

TNN: Jan 14, 2012
NEW DELHI: The CBI has registered a preliminary enquiry (PE) into Maharashtra government's decision to sell a plot of just over an acre, occupied by the Army in suburban Kandivli, to a private company. The PE was registered on the basis of a report received from the additional director general, discipline and vigilance, (Army).

"It was alleged in the report that certain senior Army officers while serving in the Southern Command committed gross misconduct in as much as a plot of land which was in the possession of Central Ordnance Depot (COD), was relinquished unauthorisedly and later on, the same was sold to M/s Neo Pharma ( Kalpataru Builders)," CBI said in a statement.

According to the anti-corruption wing of CBI, Kalpataru constructed a 31-storey apartment on the plot which overlooks the ordnance depot of the Army and thereby compromises security of the depot.

The case is similar to the Adarsh housing society scam in which the defence ministry had alleged that state government officials had in connivance with private persons handed over the land which was under Army's possession.

According to the Army, in June 2007, the government sold the land for Rs 5.94 crore despite objections by the defence ministry.

The land now houses the car park and recreation area of the 31-storey Kalpataru Towers that has been built on an adjoining private plot.
CBI to probe sale of Army plot to private builder in Mumbai

Defence Land Scams an update

Ministry of Defence
21-December, 2011 15:03 IST Defence Land Scams
Adarsh Housing Society and Kandivili cases are being investigated by CBI. Action shall be taken based on the recommendations of the investigation. No defence personnel has been found involved in Pune land case. Suitable action has been taken against Army personnel found involved in the Sukna land case.
It has been decided to resume Audit of defence lands which among others shall cover encroachments also.
The details of Adarsh Housing Society scam, Kandivili land scam, Pune land scam and Sukna land scam are as under:
1. Adarsh Co-operative Housing Society Case
Adarsh Co-operative Housing Society (ACHS) has constructed a multi-storied building on a land measuring approximately 3837.57 sq. mtrs, at Block VI, Colaba, Mumbai. ACHS had sought allotment of land from Government of Maharashtra for the welfare of serving and retired personnel of defence services. Prima facie, there have been irregularities and issues of concern in this regard include issue of `NOC by the Army to inter alia alienate the land in its possession in favour of ACHS; by¬passing Coastal Land Regulation Zone clearance; inclusion of civilians in the membership of the society; change of Floor Space Index; deviation from the commitments made for the welfare of defence services; disregard to security concerns of defence services etc. The Government has entrusted enquiry to CBI with a view to getting the matter thoroughly investigated and fix responsibilities.
2. Kandivili land case
As reported by Director General of Defence Estates, 13.28 acres of State Government land in village Akurli was held on hire by Army since long. In 2007, Collector, Mumbai Suburban District, allotted 5166.50 Sq Mtrs of land adjacent to Central Ordnance Depot (COD) to M/s Neo Pharma Ltd. after receiving its market value. This was objected to by COD and Defence Estates Officer (DEO) on the grounds that this formed part of Defence land on hire. Collector was also informed that COD will not permit any agency to take possession of Defence Land without approval of Ministry of Defence. However, their objections were overruled by the Collector. COD persisted with its objections and resisted handing over possession of the said land. Subsequently, at the direction of Headquarters, Southern Command, all obstacles were removed and Neo Pharma was permitted to go ahead with the planned development of the Plot.
Head Quarters Southern Command has sought that the matter be investigated at appropriate level. Army Headquarters (AHQ) recommended that the case be investigated by the CBI. After considering the matter, Government has asked AHQ to ascertain either by holding a Court of Inquiry or otherwise as to how Head Quarters Southern Command relinquished claim on the said land. The case has been investigated by a Court of Inquiry by Head Quarters Southern Command. The Court of Inquiry has been completed and case has been handed over to CBI on 30th November 2011.
3. Pune Land case
In March 2008 sanction was issued for transferring an area admeasuring 4498.56 sq. mtr. lo the Pune Municipal Corporation (PMC). When sanction was issued, it came to notice that while the subject land was entered in Revenue Records as `Military Line Kade’, it was not entered in the Military Lands Register of the Defence Estates Officer, Pune. There were some claimant(s) and the State Government authorities changed entry` in the Revenue records. The matter was therefore referred to the Central Bureau of Investigation (CBI). The case is under investigation
Corrective action has been taken and "Military Line Kade" has been restored in the Revenue records, the land has also been entered in the Military Lands Register.
4. Sukna land case
Sukna Land case pertains to land in Chumta Tea Estate neighbouring defence land and not defence land. This is a case of incorrect issue of No Objection Certificate (NOC) by HQ 33 Corps. A Court of Inquiry was ordered by HQ Eastern Command to investigate the circumstances under which No Objection Certificate was allowed to be given and MoU agreed by HQ 33 Corps for land in Chumta Tea Estate. The Court of Inquiry has been finalized and suitable action taken against erring officials.

This information was given by Defence Minister Shri AK Antony in written reply to Dr. Gyan Prakash Pilania in Rajya Sabha today. HH/NN (Release ID :79106)
Defence Land Scams
CBI to probe defence land scam

Gymkhana Clubs flout land lease rules

Annadale ground dispute with army in Shimla arbitration court
Ravinder Makhaik.
Not being able to dispossess the army authorities from the prized Annadale ground, the district administration has evoked an arbitration clause to resume a property that has been occupied by the army since 1955.
Talking to Hill Post, Onkar Sharma, deputy commissioner said, “Over 130 bighas of land at Annadale ground is under ownership of the government which on paper is recorded to be in possession of Gymkhana Club.”
“A lease signed between the government and the army authorities ended in 1982, and clause 4 in the lease agreement provides for arbitration should a dispute arise. We have evoked that arbitration clause before the divisional commissioner court at Shimla,” he added.
While the district administration has moved court, a signature campaign by the district cricket association (DCA) to get the ground vacated by the army has found tremendous support as over 75,000 till date have signed up.
“Annadale is the only big public ground in the state capital,” says Surinder Thakur, DCA president, “and the army should vacate it as the city desperately needs it.”
The association intends to collect 1 lakh signatures and submit a memorandum to defense minister AK Antony through state chief minister Prem Kumar Dhumal.
Relations between the state and the army authorities over the ground usage remain strained for the army even restricts helicopter landing facilities for civilian use on it.
Read more

A closer look at the Gymkhana clubs under scrutiny reveals:
The clubs have lease agreements for a period of 30 to 60 years. Defence lands— often huge tracts given to run the clubs to ensure "betterment of Members including the Garrison Officers". One needs to zero in on the terms and conditions of the lease agreements, which are grossly violated. These are: restricting public entry and use, discriminatory membership practices, non-payment of dues, non-submission of audited accounts and earning illegal revenue by letting out premises for weddings, parties, guest rooms and Guest fees. The Garrison Officers are relegated as second class members. The managements and Governing body owes an explanation to the nation for violating the Rules of the land. Even capital gains taxes are cleverly evaded.
Besides, the management and Governing Body are minting money by hiring out premises without paying a dime for tax. It's nothing but a robbery of citizens' resources, If these conserves of the privileged governing body can be brought to the negotiating table to renew their leases at reasonable rates and made to follow terms, the bigger battle of fighting corruption in high places can be won!

Military Land Scams: Culture of Corruption

Laudable aims but difficult to achieve when embedded in a culture of corruption!
DIRECTORATE GENERAL DEFENCE ESTATES
Directorate General, Defence Estates (DGDE) is the Headquarters of the Indian Defence Estates Service. DGDE provides advisory inputs on all Cantonments and Land matters to the Ministry of Defence and Service Headquarters ie Army, Navy, Air Force and other organizations under Ministry of Defence. Acquisition of lands, Resettlement and Rehabilitation of displaced persons, Hiring and requisitioning of lands and buildings, are some of the responsibilities of DGDE. It also ensures implementation of Cantonments Act 2006, Policies, Rules & Regulations and Executive instructions.

DGDE has under its jurisdiction six Principal Directorates namely, Principal Directors, Central, Eastern, Northern, Southern, South-western and Western Command. Under the Principal Directorates there are 37 Defence Estates Offices and 4 ADEO Circles for management of defence lands in the country.

There are 62 Cantonment Boards. These are local bodies responsible for providing civic administration and implementing the Central Govt schemes of social welfare, public health, hygiene, safety, water supply, sanitation, urban renewal and education.

Vision
To manage defence land effectively and efficiently and provide an efficient, effective, transparent and honest civic and development oriented administration in Cantonments. To make the Indian Defence Estates Service an institution of Excellence.
Mission
Land being a scarce and precious national resource and Cantonments becoming part of urban agglomeration, Defence Estates Department would strive to achieve the following:
•Transform Cantonments into model local bodies for improving quality of life of its residents through:
1.People friendly administration
2.Effective delivery systems
3.Transparent and result-oriented governance
4.Zero tolerance to corruption and mal-practices
5.Making adequate provisions for health and education services including vocational training
6.Caring for senior citizens and the disadvantaged
•Protect environment and heritage
•Make optimum utilization of land resources
•Protection and maintenance of defence lands and land records
•Manage defence land effectively and provide help to stake-holders in land management
•Prompt problem resolution
•Be effective advisers to Government
•Leverage technology including e-governance in all aspects of administration and land management
DGDE

Greedy Generals Subvert Military Land Titles

Generals Vij and Deepak are they the perpetuators of this Puzzle?
Puzzling land title system behind Adarsh scam: Jaipal Reddy
New Delhi, Nov 27 (PTI)
Against the backdrop of Adarsh scam, the Union government today blamed the complex land title system for increasing number of such cases and favoured urgent reforms in the sector to make it transparent and effective.
"The recent scandal relating to Adarsh housing society is a classic example. Nobody knows to whom the land belongs," Union Urban Development Minister Jaipal Reddy said here at a seminar on Guaranteed Land and Property Certification system.
He said, "Can there be a more sorry example of land titling. I am not talking of misuse by the people belonging to every important walks of life -- politicians, defence forces, bureaucrats...I am not referring to the scandal part of the thing. Today nobody knows to whom the property belongs."
The seminar was organised to discuss ways for introducing property certification system in the country. He said the system is being exploited by people like Haji Mastan (land mafia) and there is a nexus between politicians and officials.
"Thanks to the problem of urban land titling, we have Haji Mastans (land mafia) in every towns. Most of the politicians, policemen, officials... are hand in glove when it comes to urban land," Reddy said, adding, "In the last ten years, mining land and urban land have become best source of money making. It is difficult to find a non-disputed land."
He said, "Land titling is a ticklish question not only in urban area, but also in rural areas. Even in pre-Independent India it took decades to settle the land suit and that situation remains (till today)." Since urbanisation is growing apace it is difficult to distinguish rural and urban land, he said.
Referring Nandigram, the minister said there is need for a comprehensive law for guaranteed land titles. "We saw the problem in Nandigram where land owners were in Kolkata and somebody else was the tenant. Today no body knows to whom the property belongs. In my view, land titles pose most legal puzzle to our system."
Hoping that there will be a way forward, he said, "The subject is with the state government and not with the Centre. Let us find a solution. Let us take a few small steps." The Centre has already set up a working group and is developing a model land title for the states. The model will be provided to the state so that they can adopt a modern, effective and transparent land title certification system, Urban Development Secretary Navin Kumar said.
Puzzling land title system behind Adarsh scam- Deccan Herald Report

Tailpiece
Court-martialled officer not to get post-retirement benefits
Army sacks guilty General in Sukhna scam
New Delhi/Guwahati, Dec 3, DHNS:
Former military secretary Lt Gen Avadesh Prakash was on Saturday dismissed from service after he was found guilty on three counts in a land scam at the Sukhna military station in West Bengal in 2008.
Sixty-one-year-old Prakash is the third Lt Gen rank officer to be court-martialled and the second to be sacked.
As Prakash has already retired from service on January 31, 2010, as per the Army Act, the dismissal means he will not get any post-retirement benefits like pension, medical facility and provident fund or be able to retain the rank and status of Lt General. He also automatically stands stripped off all his medals.
The order by the military court will be sent for confirmation to the eastern army commander, the convening authority of the General Court Martial in the case.
The order has to be signed by the Army chief to come into effect and Lt Gen Prakash can appeal against it in the civilian higher judiciary
Sukhna Scamster dismissed

Encroachments and Security of Cantonment Lands

Inquiry into NOC on IAF Land in Srinagar
On receipt of complaint a preliminary enquiry was conducted into the matter related to issuing of No Objection Certificate (NOC) on Air Force’s land in Srinagar. It was found that prima-facie there have been irregularities in the issue ofNOCs which may have wider implications. In order to get the matter thoroughly investigated and fix responsibility the Government have entrusted the enquiry to CBI.
This information was given by Defence Minister Shri AK Antony in written reply to ShrimatiHemaMalini in Rajya Sabha today.
PK /NN (Release ID :77400)
Inquiry into NOC on IAF Land in Srinagar

Need to Amend Provision Regarding Permission of C-in-C for Transfer of Property in Cantt Areas
As per Governor General Order No.179 dated 12thSeptember, 1836, whenever a value of house, buildings or property exceeds Rs.5000/-, the sale can be effected only with the prior sanction of the Government.
Representations have been received and matter of raising the limit Rs.5000/¬- is under consideration.
This information was given by Defence Minister Shri AK Antony in written reply to Shri AvinashRaiKhanna in Rajya Sabha today. PK /NN
(Release ID :77407)
Need to Amend Provision Regarding Permission of C-in-C for Transfer of Property in Cantt Areas

Prez retirement home: Ex-servicemen protest

Prez retirement home: Ex-servicemen protest
By: Vivek Sabnis Date: 2011-09-06 Place: Pune
Retired defence personnel stage agitation outside collector's office against decision to allot land reserved for jawans to Pratibha Patil
Demonstrating displeasure over the lower court's verdict to allot land in Khadki to President Prathiba Patil, former defence officials staged a protest outside the District Collectors office yesterday. The land that ex-servicemen claim is reserved for retired army jawans is the proposed plot for the President's retirement home.

Up in arms: Retd Col Suresh Patil (wearing goggles) and others protest under the banner of Green Thumb Environmental Protection Group before the District Collector's office yesterday. The protesters beat up an effigy of 'corrupt army officers'. Pic/Krunal Gosavi

Col Suresh Patil (Retd), who led the demonstration under the banner of Green Thumb Environmental Protection Group, said, "We are filing a PIL against the court's decision. When the President has residential properties in Jalgaon and Amravati, why should this land be allotted to her?"

Patil and 30 ex-servicemen have submitted a memorandum to the Resident District Collector, Anil Patil's office. They demanded the copy of the letter be sent to the President, the Union Defence Minister and the Home Minister. Earlier, the group of retired army officials had staged an agitation outside the Collector's office by throwing chappals at a symbolic effigy with names of corrupt defence officials.

Among the retired protesters were Col Gulabrao Jadhav, Major Ashok Sartape, Col Anand Vishal Gadge and Jahangir Mulla. Also, the Green Thumb Environment Group has demanded that the Jan Lokpal bill include the President. The members said that except for divulging operational details, it should include the army as well.
Prez retirement home: Ex-servicemen protest

Adarsh Housing: Military Land Title gets obscured

PAC questions top defence officials in Adarsh housing scam
Published: Monday, Oct 10, 2011, 22:23 IST | Updated: Monday, Oct 10, 2011, 22:25 IST
Place: New Delhi | Agency: PTI
Top defence officials today faced tough questions from Parliament's Public Accounts Committee when they appeared before it in connection with the CAG report on the Adarsh Housing society scam.
The PAC demanded answers from them on how the society was formed with defence officials as part of it and why no objection was raised by the ministry concerned or the army top brass when the proposal was moved.
The defence officials were also asked as to why no alarm bells rang during construction of the 31-storey building, which was now being dubbed as a security threat.
Congress members including Sanjay Nirupam also questioned them on the ownership of the land on which the skyscraper had been built.
Nirupam asked the defence officials to present the ownership documents of the land on which the building had been constructed.
Defence Secretary SK Sharma, Vice-Chief of Army Staff Lt Gen AS Lamba, Vice-Chief of Naval Staff Vice Adm RK Dhowan and several other senior officials appeared before the PAC.
The PAC asked the defence ministry to submit all affidavits it has filed before competent courts in connection with the Adarsh Society case.
They have also been given a week's time to produce the documents as also the title deeds of the controversial piece of land.
A top army officer told the PAC that if CBI is able to establish criminality in the case, action will be taken against the guilty under Army Act and related provisions.
PAC questions top defence officials in Adarsh housing scam