Jogeshwari land scam: Four BMC officials suspended, 14 to face probes by dept

A departmental inquiry against five law officers will be conducted by DMC.

FOUR OFFICIALS of the BMC’s development plan (DP) and legal departments have been suspended and 14 others would face departmental probes in connection with the Jogeshwari land scam, in which the municipality lost a prime plot of land that it was trying to acquire.

All 18 officials have been served notices. Their alleged role in the incident will be probed through a full-fleged departmental enquiry (FFDE).

Deputy Municipal Commissioner (Special) Nidhi Choudhari, who probed the case, had submitted two reports to Municipal Commissioner Ajoy Mehta on Monday, saying there were “extreme, unexplained and unwarranted” delays in processing files and documents pertaining to the land acquisition case.

“The matter is extremely serious and from the perusal of the two reports submitted by DMC (Special), it is very clear that a concerted effort involving many parties has been made to ensure that the BMC and in effect the residents, are denied the use of this plot for the stated public purpose,” Mehta told The Indian Express.

Among the examples of delay cited in Choudhari’s report are that an opinion on validity of the BMC’s purchase notice for the land was submitted by the deputy law officer in July 2014, but the same was processed and tabled before the the municipal commissioner only in February 2015, a delay of almost eight months. In another instance, it was found that the private party had submitted documents in July 2015, while the same were scrutinised and tabled for approval only in May 2016, a further delay of 10 months.

Choudhari, in her report, said: “These delays by no logic are due to negligence or tardy work, but point out malafide intent and need to be probed in detail.” The report recommends stern action against the officials and also suggests a major revamp of the legal department to avoid such incidents in the future.

According to the report, three top officials, all engineers, from the DP department and one official from the legal department, will face immediate suspension and a FFDE for handling the case in a manner detrimental to the BMC’s interests. The report has also fixed responsibility on offenders. They are nine officials from the DP department, including the chief engineer, and five from the legal department, including the chief law officer. All are set to face FFDE.

The BMC wanted to acquire a 13,460-square metre plot for a recreation ground but failed to do so within the stipulated time of 10 years. The plot worth Rs 500 crore at a prime location in Majas, Jogeshwari, was reserved for a recreation ground and hospital in the DP of 1991. However, as the civic body did not acquire it, the owner sent a purchase notice in May 2014, informing the BMC to acquire it within a year. The BMC’s failure to acquire the land led to a lapse of the purchase notice and consequently, the reservation on the plot. As the owner refused to hand over the land, the BMC challenged the same in the Bombay High Court, where the civic body lost the case.

While the BMC was expected to appeal in the Supreme Court, the municipal commissioner’s remark on the file was allegedly tampered. The BMC eventually lost the case and the land too. Taking serious note of this, the commissioner then ordered an inquiry.

All 18 officials have now been classified into separate groups according to their roles in the case. The departmental probe against 12 officials (including one retired official) from the DP department, including those suspended, will be conducted by Chief Hydraulic Engineer Ashok Tawadiya and DMC (Special Engineering) Prakash Kadam under the supervision of Additional Municipal Commissioner Idzes Kundan.

Meanwhile, a departmental inquiry against five law officers (including two retired officials) will be conducted by DMC (Zone II) Narendra Barde and DMC (General Administration) Sudhir Naik.