The ministry on January 16 had ordered demolition of the 31-storeyed building saying it was unauthorised.
The ministry of environment and forest (MoEF) on Tuesday told the Bombay high court that it is considering giving the controversy-ridden Adarsh society a fresh hearing in their challenge to the demolition order.
The MoEF on January 16 had ordered demolition of the 31-storeyed building saying it was unauthorised.
All Adarsh-related matters came up for hearing before a division bench of justice Ranjana Desai and justice RG Ketkar. Additional solicitor general Darius Khambata informed the court that the main matter is the challenge to MoEF’s January 16 order on demolition and said the ministry is seeking two weeks’ time to file its affidavit.
The society’s petition challenged Union environment minister Jairam Ramesh’s order stating that the three months’ time will end on April 14. It also questioned the hearing given by MoEF saying that it was given ex-parte by junior officer Nalini Bhat as “competent authority” to make the report, and the order was passed by director Bharat Bhushan as formality.
At the last hearing on February 17, the judges had observed that the society should have been heard and questioned on what basis Ramesh passed the final demolition order. They added that if there are defects in the order, it should be cured.
Senior counsel Vijay Thorat, appearing for residents challenging disconnection of electricity and water and revocation of occupation certificate, urged for a stay on the demolition order. “Our matter needs priority because members cannot occupy the building due to deprivation of light and water,” said Thorat.
However, Khambata submitted, “If there is an order for demolition, it cannot mean that occupation certificate has to be given.” He sought two weeks’ time to file the affidavit. “We may consider giving them a fresh hearing. I’ll be in a position to tell either way by then,” said Khambata.
This matter will be heard on March 25.
Another petition filed by the society urging direction to Central Bureau of Investigation (CBI) to defreeze its two bank accounts with the State Bank of India will be heard on March 16.
The CBI informed the court that it will file its progress report on its probe at the next hearing.
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