STONEWALLED: Govt ignored plea to save 1,000cr in dam project

Mumbai: A survey contractor, Yash Engineers, wrote to the state government three years ago, suggesting that Rs 1,000 crore could be saved if the alignment of the left bank canal of the Lower Penganga irrigation project in Yavatmal district was altered. The contractor never received a reply from the government.

On Friday, TOI reported how the project cost was increased from Rs 1,402 crore to an astronomical Rs 9,027 crore in August 2009 when a revised administrative approval was given.The approval came from the Vidarbha Irrigation Development Corporation (VIDC) and the contracts were awarded to politically connected contractors. The project was put on hold in the wake of opposition outcry and remainsso.

The survey contractor followed up the initial submission with a detailed memorandum to the state water resources department in February 2010, where it spoke of faults in the project and suggested ways to save cost .

“We wish to bring to your notice the lacunae and engineering blunders committed by the sanctioning authorities... This has led to a technically imperfect and very costly water conveyance system.” The contractor alleged that during survey, the executive engineer and other departmental officers did not allow it the minimum adequate time for performing “accurate and good quality work”. These officers allegedly pushed the contractor to make haste citing the election code of conduct. Yash Engineers’ memorandum said its alternate plan would reduce the costby about Rs 1,000 crore.

“Even under adverse circumstances, we deputed to the work site our expert surveyors and design engineers and produced technically sound proposals. But they were not considered by the department and they approved their own technical proposals, which are mostimproper,” said the letter.

The surveyor further said the canal crosses thePenganga river at a location where very expensive aqueduct is needed. “The cost of the aqueduct can be reduced from Rs 350 crore to Rs 125 crore by shifting its location from point D to point C,” it said.

Meanwhile, NCP MLC Sandeep Bajoriya on Friday admitted he received Rs 16 crore as advance for the Jigaon, Buldhana and Pedh iirrigation projects in Amravati. He was referring to a TOI report of October 4, which said that dam contractors received Rs 612 crore mobilisation advances from VIDC, defying rules.

Bajoriya said, “This (advance) was against due bank guarantee and with 13% interest levied on it. There is no wrongdoing involved.” He said he had returned the Jigaon project advance last April. “The Pedhi mobilization amount of Rs 7.5 crore given to me is already almost nullified against work done by me.” 

COURTECY:
Nauzer K Bharucha TNN
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ACB seeks nod to probe irrigation minister in irrigation scam

Mumbai: The Anti-Corruption Bureau has sought the state government’s okay to launch an “open inquiry” against irrigation minister Sunil Tatkare over allegations of land grab and disproportionate assets.

A “discreet inquiry” against the senior NCP leader, sources said, is already complete. The ACB now wants authorization for the second stage of the investigation—“open inquiry” —so that it can call for official files and, if required, summon Tatkare for questioning.
“We have forwarded the request to the general administration department. It will follow the usual course (to the concerned department and chief secretary) before landing up at the CM’s table for the final nod,” said a home official.

With the latest appeal, the pending ACB requests for investigating sitting ministers has risen to three.

Discreet inquiry against Congress min nearly over Mumbai: As the Anti-Corruption Bureau sought the state’s nod to probe Sunil Tatkare, the total tally of pending ACB requests for investigating sitting ministers rose to three. The bureau sought a goahead to probe public works minister Chhagan Bhujbal three months ago and medical education minister Vijaykumar Gavit three years ago.

ACB sources said the agency is about to complete a discreet inquiry against a fourth minister: a Congress leader facing allegations for his role in the Coalgate scam. “A requestfor a fourthopen inquiry will be forwarded to the state soon,” said an ACB official.

A close aide of former deputy chief minister Ajit Pawar, Tatkare is accused of cornering 7,500 acres of farmland by creating front companies. He is accused of misusing his power and authority, as the statewater resources andirrigation minister, to grant arbitrary sanctions for irrigation projects. “I do not want to speak on the matter (either the inquiry or allegations) right now since it is in court,” Tatkare told TOI.

The request on Tatkare is bound to add to the worries of the government as it dithers on the previous two appeals. ACB sleuths said the prolonged official inaction shows lack of political will in the government. As it is, a sanction file needs to travel through a long, winding route—first through the home department to the general administration department to secretaries of the departments concerned to the chief secretary and finally to the chief minister. Worst of all, thereis noindependent mechanism to expedite or assist in the process.

“We expect the government’s nod to ideally come in less than two months, which is enough for the government to study a case properly. Beyond this, if the government takes time, it only shows a deliberate attempt to sit on the inquiry application,” said a senior ACB official.

The permission for a probe against Gavit, sources pointed out, is pending before the state since May 14, 2009. In the case of Bhujbal, the ACB filed the request letter on July 18, 2012, and it is said to have reached the chief minister’s table. “The departments (including the PWD, home and chief secretary) have given their view. It is now awaiting the CM’s green signal,” said an official.
UNDER THE SCANNER
Sunil Tatkare | The NCP leader faces allegations of land grab and disproportionate assets. The opposition says Tatkare and his family cornered 7,500 acres of farmland by creating front companies. The irrigation minister, he is also accused of granting arbitrary sanctions for irrigation projects

Vijaykumar Gavit | The state medical education minister is alleged to have amassed assets beyond his means of income. The properties were bought, it is claimed, in the name of his family members. The ACB sought permission for inquiry on May 14, 2009

Chhagan Bhujbal | The PWD minister is accused of receiving ‘favours’ when he gave out a contract for the construction of Maharashtra Sadan in New Delhi. The ACB sought permission for an open inquiry on July 18, 2012

STEP BY STEP | Rules mandate that the ACB follow these steps while investigating a government official (class I) or minister

Discreet Inquiry | The ACB, upon receipt of a complaint or allegation, conducts a discreet inquiry. It verifies documents without informing the accused person or department. A decision is then taken on whether to further probe the case. All cases do not necessarily undergo a discreet inquiry

Open Inquiry | Once the discreet inquiry is over (or if it is eschewed), an open inquiry is set up. In this, files can be sought from a department and the accused persons asked to present their side. For officials, rules are clear. But for ministers, ambiguity persists on who takes a final call
Sanction For Prosecution | Once an open inquiry is okayed, the ACB can proceed with a full probe, registering an offence and filing of charges. But during this process, it needs a sanction for prosecution from the government

WINDING ROUTE | At present, the power to accord sanction for prosecution of a sitting minister lies only with the chief minister and the governor. A sanction file needs to travel first through the home department to the general administration department to secretaries of the departments concerned, to the chief secretary, and finally to the chief minister. There, however, exists no independent mechanism to assist the process.

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Sharad Vyas TNN http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2012/10/06&EntityId=Ar00106&AppName=1&ViewMode=HTML

Rs. 30,000 Crore Scam by Builder Hiranandani in Powai

HC lifts stay on ACB probe into Hiranandani project

Allowing the probe against Additional Chief Secretary, Health T C Benjamin and developer Niranjan Hiranandani to proceed, Bombay High Court on Tuesday vacated an interim stay granted on an order directing the Anti-Corruption Bureau (ACB) to investigate allegations against the two in an alleged real estate scam.

Benjamin, former principal secretary in the Urban Development Department (UDD), is accused of not taking action against Hiranandani who allegedly built luxury flats in Powai in breach of a tripartite agreement between the builder, the state government and MMRDA.

A special court had ordered an investigation against Benjamin following a complaint by activist Santosh Daundkar who alleged that Benjamin had recommended that Hiranandani should be directed to pay a fine of only Rs 3 crore.

However, sources familiar with the case said that the UDD had earlier fixed the penalty on Hiranandani at Rs 89 crore. Subsequently, an arbitrator was appointed who reduced the penalty to Rs 3 crore. The state government has contested the reduced award of penalty on Hiranandani in the high court.

Reacting to the court’s decision, Benjamin said: “The state government is going to file an affidavit justifying its decision to impose the fine of Rs 89 crore on Hiranandani. The decision taken by me was in all transparency.”

In his appeal, Benjamin stated that there were no allegations of financial misappropriation against him. The court has adjourned the case for further hearing till October 5.

The Anti-Corruption Bureau (ACB) registered an FIR against Benjamin and Hiranandani on July 5. On July 10, the bureaucrat moved the high court, which stayed the order of the special court and restrained the ACB from carrying out further investigation into Daundkar’s private complaint.

On Tuesday, Benjamin’s petition seeking the quashing of the private complaint was heard by a bench of Justices A S Oka and Sadhana Jadhav. His lawyer Satish Borulkar urged the court to extend the stay granted on the subordinate court’s order.

The judges, however, observed, “By granting ad interim relief, the writ court cannot interfere with the process of investigation. Hence, we decline to continue the ad interim relief granted earlier.”

Daundkar’s complaint, filed through lawyer Y P Singh, stated that in 1977, the state had announced the Powai Housing Development Scheme for economically weaker sections (EWS) that was to be implemented over 140 hectares in the villages of Powai, Kopri and Tirandaz. In 1986, the state signed an agreement with Hiranandani, and handed over 230 acres.

“However, the developer had flouted the tripartite agreement with the state and MMRDA which allowed him to develop 230 acres in Powai and construct affordable houses and hand over part to the state,” Daundkar alleged.

Daundkar pointed out that an ACB inquiry in 2009 revealed that only 76,120 sq m of the 5.74 lakh sq m of the built-up area sanctioned by the government was used by Hiranandani for low-cost housing, while the rest was converted into luxury apartments of 2,000 to 5,000 sq ft.

COURTESY:
Express news service : Fri Sep 28 2012, 01:09 hrs
http://www.indianexpress.com/news/hc-lifts-stay-on-acb-probe-into-hiranandani-project/1008978/0