Additional solicitor general Darius Khambata, representing the ministry, told the court that the high rise in Colaba could be a security hazard, because it was located near vital navy and army installations.
The ministry of defence told the Bombay high court on Thursday that five general officers commanding (GOC army) got a flat in the controversial Adarsh Cooperative Housing Society between 2004 and 2009. The flats were allotted to four serving officers and one to the son of a GOC.
This startling revelation was made in exasperation by additional solicitor general Darius Khambata after the society’s lawyers criticised the defence authorities for overlooking the construction of the 31-storeyed building.
Earlier, Khambata has submitted that the building situated at the entrance of an arterial road leading into the defence land and is a security hazard as its overlooks installations.
The division bench of justices BH Marlapalle and UD Salvi were hearing a petition filed by Adarsh challenging the revocation of occupation certificate, as well as the power and water supply cuts.
Khambata argued that the flats on each floor overlook the office of the general officer commanding “up to the chair he sits on”.
Counsel Janak Dwarkadas, appearing for a retired brigadier who is a member of the society, retorted, “Was the GOC not looking at the building coming up? It did not take 24 hours to be built.”
He questioned why the GOCs could not see the building being constructed between 2005 and 2009. This is when Khambata said, “All the five GOCs during between 2004-2009 got flats in this building. One was allotted in the name of the son.” He added, “It’s a matter of shame.”
The Bombay high court dismissed Adarsh’s interim relief plea for restoration of water and electricity supply observing that, in normal circumstances, it would have considered such plea. The judges said the society failed to show that the occupants had to vacate the building because of power and water supply cuts.
The ministry of environment and forests, which has issued a show-cause notice to Adarsh for constructing the building in Coastal Regulation Zone ( II) without its clearance, will give hearing to the society on December 29, 2010.
The court has directed it to pass an order thereafter within three weeks.
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