Army against restoration of power, water to Adarsh Co-operative Housing Society

The Indian Army has opposed the application filed by Adarsh Co-operative Housing Society seeking restoration of electricity and water supply. The Army has said that they (society) themselves admitted large-scale irregularities in the affairs of the society and it was a "back-door attempt" to get relief which it could not get in the main petition.

The society had recently filed an application before the Bombay high court seeking restoration of water and electricity supply to the building for the limited purpose of maintaining it. The Army has opposed the application and pleaded that it be dismissed with heavy costs.

The Army has filed an affidavit before the high court saying: "Applicants (Adarsh society) have themselves in effect admitted that there was large-scale irregularity in the affairs relating to Adarsh CHS Limited, as more than 30 of its members have been found to be ineligible to be allotted any premises/flats in the illegally-constructed building. Further, the report of the Commission of Inquiry (appointed by Maharashtra government) also categorically holds that the building in question was constructed illegally and without the mandatory CRZ clearance."

The affidavit further states that the Ministry of Environment and Forests had already issued a demolition notice which had not been stayed by any court of law. "In the light of the order already passed by the competent authority, i.e., MoEF, to demolish the building on the said property, the question of the Applicant being entitled to any reliefs in that regard does not arise at all," it reads.

The Army has has also expressed apprehension that the society might misuse the reliefs if they are granted by the court. It has raised concerns about the security of critical military locations and installations in Colaba if any relief is granted to the society.

The affidavit filed by the Army reads: "The building which is presently unoccupied, in itself is still a serious security threat to the security of the Colaba Military Station and other vital installations in the vicinity and in fact, further orders restricting access of all and any person to the said building, is required to be granted in the present petition to maintain the safety and security of the Colaba Military Station."

"The question of granting any interim relief for temporary connection of electricity and water to maintain the building would amount to permitting access to unknown person to visit the building from time to time and which could result in occupation of the building, in essence defeating the interim reliefs granted in the present petition," it further adds.

Rubbishing the society's claim that it needs electricity to install aeroplane warning system on the terrace, the Army's affidavit states: "If at all any aeroplane warning signal is required to be maintained on the terrace of the building, then the same can still be done by using battery assisted warning systems and it is not necessary for reconnection of electricity supply, for installation of the same."

Terming the application as a "back door" attempt to try and obtain such interim reliefs, the Army has said that the society has concealed the fact that they were refused such an interim relief in their main petition.