The country’s defence takes priority over any other matter, said the Bombay high court on Tuesday while hearing the Adarsh co-operative housing society case.
The country’s defence takes priority over any other matter, said the Bombay high court on Tuesday while hearing the Adarsh co-operative housing society case. It restrained the state and the Brihanmumbai Municipal Corporation from issuing any permission or clearance to the building.
A division bench comprising justice PB Majumdar and justice RD Dhanuka directed all parties to maintain status quo. “No steps shall be taken by (authorities concerned) for issuing no-objection certificate (NOC), occupation certificate (OC), commencement certificate or any other permission for development in any manner. Also, no additional facility should be made available (to the society) until further orders,” said the court.
It was hearing a petition by the Union of India through the army, seeking demolition of the Adarsh building in pursuant to the order of the ministry of environment and forests (MoEF). On January 14, 2011, the MoEF had ordered its demolition for violation of CRZ norms.
The army’s counsels argued that the Adarsh society is a major threat to an army installation at Colaba. To this, justice Majmudar remarked, “No one has the right to ignore the nation’s security. The country’s defence comes first.”
The court noted that earlier, it had held that getting an NOC from the defence ministry for any construction near its establishment is a must. The government pleader told the HC that post Adarsh row, the state had issued a circular on November 4, 2010, to that effect.
The housing society’s counsels said the MMRDA had revoked the OC granted to it, and electricity and water supplies were also disconnected.
The hearing was adjourned for April 30.
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