Adarsh Society members likely to challenge demolition order in court

Terming the Union Environment Ministrys order to demolish the Adarsh building in Colaba as arbitrary,members of the housing society are now planning to seek relief from the Bombay High Court.

The High Court is currently hearing a petition filed by the Society against revoking of building permissions by civic authorities. Members said that they may either file a fresh petition or an amendment to the existing petition.

The Societys counsel,Satish Maneshinde,said that they would take a final call on how to proceed after studying the order in detail.

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Prima facie the order is malafide and arbitrary. What was the MoEFs hurry in passing the order at lightening speed on a Sunday and publishing it on their website without even informing the Society? We do not want to discuss the merits of the order but we have all clearances and now it is up to the court to interpret them, said Maneshinde.

The MoEF on Sunday ordered the demolition of the entire structure as it is built in contravention of the Coastal Regulation Zone (CRZ) notification of 1991 without the mandatory permissions. Maneshinde alleged that Environment Minister Jairam Ramesh was not even present when the hearing took place before the Ministry.

Congress Member of the Legislative Council Kanhaiyalal Gidwani,who owns a flat in the Society,termed the order as interference in the courts proceedings. The petition filed by the Society members in the High Court,against the state government revoking the occupation certificate on the issue of environmental clearance,is still being heard. The next hearing is 10 days later. For anyone to comment on the issue before the court gives any decision is sub-judice, said Gidwani.

Another member,who did not want to be named,claimed that every inch of construction was approved by the planning and sanctioning authorities. We have taken sanctions at different stages: the plinth level,the two podiums,14th floor,27th floor,28th floor,the final completion certification and the occupation certificate. It was the Government of Maharashtra which told us that the project has environmental clearance from the Centre. Who are we,as laypersons,to question the sanctioning authorities? he said.

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He added that acting on a complaint,the Maharashtra Coastal Zone Management Authority (MCZMA) had issued a notice to the Society in 2009,which the Society replied to. The MCZMA never got back to us after that. All these years when the construction was in progress,nobody said anything about it being reserved for Kargil heroes or war widows. Now we are being subjected to this trial by media and are being hanged to death, said the member.

While state government officials could not be reached for comments,Municipal Commissioner Subodh Kumar said that he would first have to officially receive the Environment Ministrys order and go through it before he could comment on the BMCs role.

Being a Sunday,I have not got the copy of the order. Once I go through it,I will be able to comment on the same. In any case,the BMC will have to obey whatever is written in the order, said Kumar.