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Are you ready to bear maintenance expenses: Supreme Court to Adarsh society

A bench headed by justice J Chelameswar said posed the question after counsel for the society said that the Centre be asked to ensure its maintenance as there was no power connection, resulting in the lifts not working.

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The Adarsh Cooperative Housing Society was on Monday directed by the Supreme Court to consider bearing the expenses to be incurred towards maintenance of the 28-storey building, possession of which was handed over to the Centre earlier by the apex court.

A bench headed by justice J Chelameswar said posed the question after counsel for the society said that the Centre be asked to ensure its maintenance as there was no power connection, resulting in the lifts not working.

Besides the lifts, power generator, firefighting equipment and a pump hose installed on the premises are not working at present, the counsel said.

"You will have to bear the expenditure to be incurred on maintenance, only then we will ask the Centre to do the needful," the bench said.

The bench also remarked that if the society won the case, why would it ask the Centre to pay for maintenance.

It has asked the counsel to take instruction and apprise it by next week if it is ready to pay for the maintenance.

Meanwhile, the Centre told the apex court that the army has not yet taken entire possession of the building as out of 104 flats, 93 are locked and the keys have not been handed over to them.

The apex court had on July 22 asked the Centre to secure possession of Adarsh apartments, built in Colaba for Kargil war heroes and war widows, after taking possession from the society by August 5. The bench had also said that the word "secure" meant that there would be no razing.

It had issued notices on a batch of pleas, filed against the Bombay High Court's decision ordering demolition, by the housing society and some allottees.

Earlier, the HC had ordered demolition of the apartments and sought initiation of criminal proceedings against politicians and bureaucrats for "misuse" of powers, holding that the tower had been constructed illegally.

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