Pune's 8A Lothian Road similar to Adarsh, says CAG
involved commercial exploitation beyond what the original lease permitted. The DEO decision was seconded by the Director Defence Estates Southern Command, HQSC as well as Army HQ.
The builder moved the Bombay High Court, which dismissed the petition in September 2005, but gave an option to apply to the General Officer Commanding-in-Chief (GOC-in-C) for permission, but only as per the original lease plan, thereby retaining 44 per cent of the land for residential purposes (for the Army).
Based on the builder’s revised application and after obtaining GOC-in-C approval, the PCB permitted the builder in January 2006 to go ahead with the construction with the condition that 44 per cent of the land be reserved for accommodation of married Army officers. The builder challenged this condition in the Supreme Court, which dismissed his petition in September 2006. In July 2008, Station Commander, HQ Pune Sub Area recommended the GOC-in-C to revoke the approval given in January 2006 to the plan submitted by the builder. In December 2008, HQ Pune Sub Area, however, reversed its own recommendation and suggested that an amicable “out of court” settlement could be arrived at, to withdraw the condition of reservation of 44 per cent area for accommodation for officers.
“The GOC-in-C accepted the suggestion and agreed (December 2008) to withdraw the condition in lieu of three flats, each of minimum area of 1200 sq ft, in Magarpatta city, 7.9 km from the bungalow. Southern Command, by authorising this deal, not only operated outside the framework of CLA Rules, the
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