'Are we going to pull this building down even when the big boss (environment and forests ministry) says its ok but the Maharashtra Coastal Zone Management Authority has not given any recommendations,' senior counsel Janak Dwarkadas said.
The Adarsh Cooperative Housing Society today informed the Bombay high court the high-rise cannot be demolished for not having sanction of Maharashtra Coastal Zone Management Authority (MCZMA), saying it already has the approval of the environment and forests ministry.
"Are we going to pull this building down even when the big boss (environment and forests ministry) says its ok but the MCZMA has not given any recommendations," senior counsel Janak Dwarkadas said.
However, in an affidavit filed by the state government on July 14, Sanjay Kurvey, Deputy Director of Town Planning for Greater Mumbai, stated that the society had "misconstrued and misinterpreted" a March 15, 2003 communication from the state's Urban Development Department (UDD).
As per the affidavit, the allegation made by the society was that the UDD had granted "no objection" to it through this communication. The UDD could not have granted the clearance in the first place as it was not a competent authority at that time, Kurvey said.
The MCZMA, constituted by the environment and forests ministry on January 4, 2002, was the appropriate body for granting sanction for construction on the plot at Cuffe Parade, the affidavit said.
The deputy secretary of the state government in a letter dated March 15, 2003 had incorrectly informed the Chief Engineer of the Development Plan, Brihanmumbai Municipal Corporation (BMC) that the environment and forests ministry had granted a "no objection" for development of the plot for residential purpose where the 31-storey tower was constructed, it said.
Department of Revenue and Department of Forest in a letter of July 7, 2004, had accorded sanction to allot the land measuring 3758.82 sq m to Adarsh Society on payment of Rs10.19 crore.
They, however, listed out conditions and informed the society that it had to seek permission of the Union environment ministry as the plot falls under Coastal Regulatory Zone (CRZ).
The state government has echoed the words of the environment and forests ministry saying the society was aware that it needed a green clearance.
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