Razing Adarsh no solution: Lawyer

Private individuals should not have to pay the price for a dispute between the state government and the Centre, the Adarsh cooperative housing society told the Bombay high court on Thursday. It added that demolishing the building is no solution.

A division bench of justices Ranjana Desai and RG Ketkar was hearing the society’s petition challenging the ministry of environment and forests’ (MoEF) demolition order dated January 16, 2011. Adarsh counsel Mukul Rohatgi argued that the state government had granted all permissions 2002 onwards. The society cannot be held at fault just because the project was not routed through the Maharashtra Coastal Zone Regulatory Authority (MCZMA), he said.

“Does the building become illegal just because the MCZMA was bypassed? Why should we suffer if two departments fight? Show us what is wrong,” he said. He questioned what environmental impact the building would have if the MCZMA’s approval was not obtained. “It is not as if the building stands on a creek or a beach,” he said.

Rohatgi said that the document sent in 2003 by the urban development department was taken to mean a no-objection certificate. “We’ll have to pull up the state for this,” said Desai. Additional solicitor general Darius Khambata pointed out that the letter was sent by the then deputy secretary PV Deshmukh, UDD, “who also was an allottee”.

Asked if Adarsh wants a post facto clearance as in the case of Lavasa, Rohatgi said, “If need be. People have invested hundreds of crores.” He argued that the show-cause notice issued in October 2010 was pre-decided and pointed out procedural irregularities in the hearing given to the society.