High Court directs state government to submit diary of police probe into Shikhar

High Court directs state government to submit diary of police probe into Shikhar Wednesday, March 14, 2001

The Gujarat High Court on Tuesday directed the State Government to produce on March 16 the case diary of police investigation into the collapse of Shikhar Apartment. The direction came in a public interest litigation (PIL) alleging that authorities were not taking action against builder Chiman Agrawal, though he had constructed the building.
When the case came up for hearing today, counsel for the petitioner, Yatin Oza, submitted to the court that the police was not taking action against Agrawal and his brother Nandulal Agrawal as Revenue and Finance Minister Vajubhai Vala ``was shielding them.''

As directed by the court last week, Oza today put all documents on affidavit in support of his submission that it was Agrawal who was the real builder of the ill-fated building. He also produced an interview letter issued by Agrawal Estate Organisers to select the project manager for Shikhar. He also produced receipts in the name of Nandulal Agrawal for various fees paid to Ahmedabad Urban Development Authority (AUDA) for getting various permissions.

Also in the draft amendment to the petition allowed by the court, the petitioner also joined as party the city police commissioner, Nandulal Agrawal and Agrawal Estate Organisers Ltd.

In the draft amendment, the petitioner alleged that the chairman of Geratpur Bhagyalaxmi Co-operative Housing Society, which constructed Shikhar Apartment, was an employee of Chiman Agrawal. This, the petition alleged, showed that it is Agrawal who is the real builder. It also said that it was Agrawal and his brother who took irrevocable power of attorney from the original land-owner Pannaben Pravinchandra Shah in 1994.

The power of attorney mentioned that the land was to be sold to Geratpur Bhagyalaxmi Co-operative Housing Society and all procedures for seeking exemption under Section 20 of Urban Land Ceiling Act, to sell the land and to execute all sale deeds would be done by Chiman Agrawal and his brother, alleged Oza.

He further pointed out that though there were just 11 members of the society, who were to get 200 square metre land each, permission under Urban Land Ceiling (ULC) Act was given for land measuring 6,936 square metre. The chairman of the society was shown as Mukesh R Acharya, who was Agrawal's employee, and his address was the same as the old address of Agrawal Estate Organisers Ltd.

It was also pointed out that Nandulal Agrawal placed before AUDA plans for constructing the high-rise and AUDA approved them on July 2, 1997. However, this plan is completely different from the one submitted to authorities for getting NA permission for the land. The petitioner alleged that the plan was approved under influence from Vajubhai Vala.

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