SURAJ NANDREKAR
With the Sandip Jacques report now public and extensively reported by Herald, it is now an open secret that the government tried to safeguard the interests of the project promoter, Leading Hotels Pvt Ltd, in the Tiracol Golf Course and Villa project. It is also clear that the government intends to play the delaying game in the court of law.
As per an assurance in the court the government appointed a one-man commission of Sandip Jacques to inquire into the matter with minimum terms of reference. The Jacques report was submitted to the government on December 15, 2015, recommending that a judicial inquiry be conducted in the matter.
However, it took the government almost five months to submit an affidavit in the High Court on the submission of the report, which was finally done on April 28, 2016.
“…Having regard to the fact that the State Government is zealously protecting tenanted agricultural lands, an inquiry was ordered to be set up and pursuant to a statement before this Hon’ble High Court, an inquiry was indeed set up and an Inquiry Officer has submitted his report,” says the affidavit submitted by Under Secretary (Revenue) Ashutosh Apte.
It further says, the Inquiry Officer, on his own thought that it was a summary inquiry to be conducted and, therefore, had not followed the basic procedure as was required of him to follow, namely issuing of notices, summoning of witnesses, conduct of evidence/testimony and hearing all parties.
“The Inquiry Officer has come to a conclusion that the land in question was indeed agricultural land. But as regards the question whether it is or was a tenanted land, the report says the issues pertaining to the tenancy are pending before the appellate court including the pending issues of tenancy and found that it would not be legally appropriate for the Inquiry Officer to explicitly conclude the tenancy aspect on the whole of this land either in the positive or in the negative,” Apte’s affidavit states.
The affidavit further states, “The Inquiry Officer has therefore recommended institution of a full-fledged inquiry preferably through a judicial officer with all the powers of an appellate court.”
However, despite filing this affidavit in the High Court two months ago, the government has made no efforts to appoint a judicial officer to probe the matter.
Sources said the report was with the chief minister’s office ever since it was submitted and even the Revenue Minister could not access it once it had left his table for opinion.
Officials said the government had moved the report to former Advocate General Atmaram Nadkarni and his appointment as Additional Solicitor General (ASG) of India has delayed the process.
