Thakur, a former officer with the defence estates office and an accused in the case, in an affidavit filed before the two-member inquiry Commission has said, "the Society was proposed much prior to the Kargil war and hence there was no question of it being reserved for Kargil war heroes and their widows."

The affidavit relies on a letter of intent dated January 18, 2003 issued by the Maharashtra government which does not impose any such condition on the Society in posh Colaba area.

The high-rise was constructed after obtaining permissions from authorities, the affidavit stated. "All applications for memberships were scrutinised and verified by the government before allowing them," it said.

The affidavit was filed after the Commission issued summons to Thakur.

The Commission, set up by the state government in January this year, is looking into issues such as whether the land was reserved for kin of Kargil war martyrs and alleged violation of Coastal Regulation Zone and environment rules.