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    Descripcion:
    This is a discussion on VIP building goes off the record within the RTI News Discussion forums, part of the RTI News, Circulars and Decisions category; As reported by Akela in mumbaimirror.com on 26 February 2010: VIP building goes off the record, News - Cover Story - Mumbai Mirror VIP building goes off the record BMC ...

    Barely two months after Mumbai Mirror reported a violation of Coastal Regulation Zone (CRZ) norms in an under-construction building in Cuffe Parade - flats in which are owned by several prominent citizens - the documents pertaining to the project have mysteriously disappeared from the BMC office.

    Among the people who own apartments in the 30-storey Adarsh Co-operative Housing Society are former environment and forest minister Suresh Prabhu, former Assembly Speaker and current executive chairman of State Planning Board Babasaheb Kupekar; Mumbai collector IA Kundan, the son of former BMC Commissioner Jairaj Phatak, and the daughter of BEST General Manager Uttam Khobragade. Each flat costs between Rs 3 to 5 crore.

    On November 3 last year, the Maharashtra Coastal Zone Management Authority (MCZMA) had pulled up R C Thakur, the chief promoter of the building, for not obtaining the necessary construction permissions from the MCZMA and Ministry of Environment and Forest Department.

    /td /tr /tbody /table On Monday, the Development Planning Department of BMC, while replying to queries of a Right To Information (RTI) activist, Santosh Daundkar, stated that the file pertaining to the planning of the building was missing from its rack. Daundkar had filed the application almost a month ago.

    In the reply, V L Joshi, Chief Engineer of Development Planning Department of the BMC, said, “The file pertaining to the queries is missing. It is possible that the file might have been misplaced among other papers.

    We are looking for the documents, and if they are found, the documents will be sent to you. However, if you do not contact us again in seven days, we will presume that you are no longer interested in the papers.”

    Daundkar said this was the second major goof-up in his RTI. “Earlier, the BMC had informed me that the RTI I had filed had gone missing. It is shocking. How can BMC misplace such an important file, which is already mired in controversy with so many bigwigs owning a flat in the project?” he asked.

    When contacted, noted lawyer and CRZ expert Y P Singh described the reply as “highly intriguing”. He said, “The whole act of an official file going missing in which the private interest of the Municipal Commissioner is involved is surprising.

    This is because the then Municipal Commissioner had handled the file in his official capacity for a building, where his own son is a flat-owner. It defies every rule of administrative law, and makes a mockery of the rules of natural justice and our Constitution.

    “Not only should the approval granted for this high-rise building be reviewed, but also strict departmental action is needed against the public servants handling the papers and also against those who were responsible for losing this very sensitive file.”

    /td /tr /tbody /table In its November 3 notice, the MCZMA had asked Thakur to submit all relevant documents to the concerned departments within 15 days, failing which action would be initiated under provisions of the Environment Protection Act, 1986.

    I have commented it before, and say it again. If a file/ document about which an RTI question is asked is lost or 'can not be traced' or 'seems misplaced' or 'is not currently available', the concerned PIO should be automatically fined Rs. 25,000, and the challan of payment of such fine should accompany the reply under RTI Act.

    Of course the PIO will not be the real culprit in many cases. But such provision will instigate him not to cover up for his collegues, and to use section 5(4) more liberally to pass the buck to the correct culprit.

    MUMBAI: Even as the CBI registered an FIR against 13 people involved in the Adarsh society dispute on Saturday, the crime branch proposed to conduct a narco-analysis on four urban development department clerks, including a woman, to trace the important papers that went missing from the Adarsh file in November, 2010.

    So far, the crime branch has interrogated 20 officials of the urban development department, but we think the four clerks played an important role in the disappearance of the papers. They may not be involved in the theft of the documents, but they will definitely be able to provide us with vital clues, a senior crime branch official told TOI on Saturday. To get to the bottom of the mystery, the four clerks, Gurunath Vajpayee, Waman Raul, Rajendra Naik and Priya Dabholkar, will be subjected to a narco test. We have already informed the urban development department about our decision and have also obtained the consent of the clerks.

    However, Vajpayee initially claimed that he had not received any communication from the crime branch. Later, he said he did not have the authority to speak on the subject and it would be better to talk to principal secretary T C Benjamin. It's our internal matter. I have no comments. Talk to our deputy secretary or Benjamin, he said. It was Vajpayee who had first lodged a complaint with the Marine Drive police on November 24 on finding the papers in the Adarsh file missing. There was no response from Raul, Naik or Dabholkar.

    The theft was discovered after RTI activist Santosh Daundkar sought details on the housing society. Papers related to the change in the reservation of the plot and narrowing of the road were found missing.

    Narco-analysis, introduced in 1936, refers to the use of narcotics to put a person in a trance-like state before interrogations. Under the influence of Thiopentone injection (chemical name sodium pentothal), a mind-altering drug commonly called the truth serum, the suspect starts speaking without inhibitions, deprived of self-control and the will to manipulate his answers even as his imagination is neutralized and his reasoning power affected. The test is held for not more than one-and-a-half hour.

    Two sets of questions are asked: controlled and specific. Answers to controlled questions are indisputable, such as those about names, surnames and place of birth. Specific questions are linked to the crime

    The person has to sign his consent on a form before he is wheeled into the operation theatre. The entire process is monitored by an anaesthetist, a forensic psychologist and a physician and his heart rate and blood pressure are monitored throughout.

    Internationally, narco-analysis is banned by most countries due to health risks. Administration of sodium pentothal causes side-effects such as cessation of respiration and apnea, laryngial spasms, nausea and headaches

    The Central Bureau of Investigation (CBI) has in the past week repeatedly questioned former state Information Commissioner Ramanand Tiwari in the case pertaining to documents found missing from the Adarsh Housing Society file.

    The agency is probing if Tiwari, who was Principal Secretary (Urban Development Department) in 2003, could have accessed the file during the period when he served as Information Commissioner in relation to a Right to Information query and if he was involved in removing crucial documents from the file, said a senior CBI official. Tiwari confirmed he had been called for questioning, but said he had no role in tampering the file.

    Tiwari, one of the accused in the Adarsh scam and a member of the society, is accused of facilitating the transfer of FSI from the BEST land to Adarsh Society, which helped the society raise the height of the building to 103.60 metres. Tiwari, along with another accused Subhash Lala (then Principal Secretary to the Chief Minster), is accused of allegedly issuing letters that misguided the MMRDA on various issues in the development of the plot.

    It is during this period that the alleged notings must have been made in the file ‘154/99’, said a CBI official. The section that went missing dealt with the change in the road length to generate land for Adarsh. “These papers contained the changed category from ‘road’ to ‘residential purposes’. Although the UDD in its FIR mentions only four missing pages, at least 10 pages of the notings annexed to file ‘154/99’ have gone missing,” the CBI official said. Tiwari, who served as Information Commissioner since 2008, was suspended after his name appeared on the list of accused in the scam, including former CM Ashok Chavan.

    Tiwari said he was questioned three times last week. “I have no idea what the CBI is trying to prove. I served at the UDD from 2003 to 2008 and only then went to the RTI posting. No such missing file complaint was filed then. People can say anything, I have no role to play in it,” he said.

    Other people to be questioned so far by the agency in the missing documents case are desk officers of the UDD desk XII Gurudutt Vajpe, clerk Vidya Dabholkar and Waman Raul, a clerk in Tiwari’s office, who handled the file last on November 2, 2005, and one Rajendra Naik, the custodian of the file from which four pages of correspondence went missing.

    The CBI, which is probing the Adarsh scam, was also handed charge of the missing documents case by the Bombay High Court after it observed that there was “a direct link between the documents pertaining to the deletion of reservation for a road and Coastal Regulation Zone clearance for Adarsh Society and the scam”. The case, originally registered by the Mumbai Police, was later handed over to the Crime Branch, which carried out the initial probe.

    Hours after being pulled up by the Bombay High Court for failing to mention anything about the missing Adarsh file, the CBI Thursday night arrested Urban Development department officer Gurudutt Vajpe, Assistant Town Planner N N Narvekar, and Waman Raul, the then clerk to principal secretary Ramanand Tiwari.

    “This is the first round of arrests, there are many more to come,” said a senior CBI official. “Tiwari was in 2003 elevated to the post of state Information Commissioner. The agency has been probing if Tiwari could have accessed the file during his tenure as Information Commissioner, under the pretext of disseminating information on some RTI application made and then tampered the file,” said a CBI source. Tiwari was also repeatedly questioned over the past two weeks.

    According to the CBI, Raul was the last person to handle the file on November 2, 2005, when it is believed to have gone missing. The FIR registered by the Urban Development department mentions only four pages missing from the file, but the CBI claims that at least 10 pages have been tampered with.

    Tiwari, one of the prime accused in the case and a member in the Society, is accused of facilitating the transfer of FSI from the BEST land to Adarsh which helped the Society build to the height of 103.60 metres.

    “The section that went missing dealt with change in road length to generate land for Adarsh. These papers contained the changed category from ‘road’ to ‘residential purposes’. We have found that the file was last handled by the three accused and they helped some other influential accused tamper with crucial pages,” said an officer.

    The CBI was handed over the case of the missing file by the HC on February 17 after it observed that “there is a direct link between the documents pertaining to deletion of reservation for a road and Coastal Regulation Zone clearance for Adarsh and the scam”.

    “What do you mean by that?” Justice Ranjana Desai snapped. “This is distressing. The agency needs to focus on the missing files. It is surprising that nothing in the report reflects anything about the missing files. We are unhappy.”

    Investigations into how files of the controversial Adarsh housing society mysteriously vanished from the state Urban Development Department (UDD) have revealed that a prime suspect in the case had employed a private peon in the Mantralaya building and given him unauthorised security clearances.

    UDD Desk Officer Gurudutt Wajpe, who has been arrested by the CBI Though Phatak had no locus-standi in Mantralaya, he had been issued a permanent security identity card meant for employees, giving him free access to the building and to papers meant only for the department's staff.

    While Wajpe has told the CBI that Phatak took care only of his personal work, investigators are probing what compelled him to appoint a private peon when there were enough Class IV employees at the Mantaralaya’s disposal.

    “During interrogation, Wajpe admitted that Phatak was his own personal employee. It’s shocking to us that a man was simply given access to government documents and files. We still don’t know what Phatak was doing exactly,” a senior CBI officer, who asked not to be named, told Mumbai Mirror.

    Wajpe said Phatak was not the only such private peon at Mantralaya, and was employed much before he joined the Urban Development department. But Phatak, in turn, told the CBI that it was Wajpe who had given him the job.

    The issue of the missing files came to light in June last year, when information was sought through RTI by a private citizen. Once CBI started investigating the case, the file miraculously reappeared in November, 2010 but without crucial pages, which could establish accountability in the scam.

    Strangely, it was Wajpe who had first filed the case of the missing files in the Marine Drive police station. While he was treated simply as a complainant during initial investigations, the CBI suspected him since he was handling the files since the beginning, and had the keys to the locker it was kept in.

    The manner in which the files reappeared with the papers missing, and how Wajpe suddenly lodged a police complaint, made him our prime suspect, CBI DIG Praveen Salunkhe had told Mumbai Mirror last week.






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