In his application, Wategaonkar contended that after verification by the Collector and revenue department officials, Shinde found only 20 of the 71 approved members were eligible and asked for a recheck to ascertain the suitability of other 51 members of the society.
According to Wategaonkar, this alleged act of Shinde insisting on 51 members to be rechecked/ substituted before possession of land to be given to Adarsh Society resulted in illegal benami transaction in respect of flats.
"There is nothing on record to suggest that Shinde had insisted on 51 more members by rechecking/substituting ineligible members before possession of land to be given to Adarsh society which resulted in addition of illegal benami members," CBI said in its affidavit.
The CBI had filed a charge sheet in the Adarsh scam against 13 persons, including former Chief Minister Ashok Chavan.