New Delhi, January 17: In a terse order, the Environment ministry on Sunday directed the scam-hit Adarsh Housing Society in Mumbai to demolish within three months the “unauthorised” 31-storey building in upmarket Colaba for violating coastal regulations and restore the area in its original condition.
If the society failed to comply with it on its own, “the ministry will be constrained to enforce this direction”, the order said.
The society meant to house families of Kargil martyrs came under the scanner following reports that flats were doled out to politicians, top defence personnel including two former Army Chiefs and bureaucrats as well as their kin.
“The unauthorised structure built at Block-6, Backbay Reclamation Area, near Backbay Bus Depot, Capt.Prakash Pathe Marg, Colaba, Mumbai-400005, A-Ward should be removed in its entirety and the area should be restored to its original condition,” the three-page order said.
In Mumbai, the Maharashtra government said it would soon take a decision on the Environment Ministry’s direction.
“We will read the order issued by the Environment Ministry on the Adarsh society and decide soon on what is to be done,” State Environment Minister Sanjay Devtale said to a news agency.
Counsel for the Adarsh Society Satish Maneshinde said the order would be challenged in the High Court once its copy was available.
He alleged that the contents of the order were “leaked” to the media earlier this week while the order itself was issued on a Sunday.
“I think it is totally malafide and we will challenge it as and when we get the copy of the order,” he said.
“Adarsh Cooperative Housing Society has violated the very spirit of CRZ (Coastal Regulation Zone) Notification, 1991 by not even acknowledging the need for clearance under this notification…Ignorance of law an never be an excuse for non-compliance,” Environment Minister Jairam Ramesh said in a statement posted on the Ministry’s website.
Accusing the society of “egregious” violation, Ramesh said the Ministry had three options at its disposal — “removal” of the entire structure, removal of that part of the structure in excess of the floor space index (FSI) and recommending the government to takeover the building for public use which could be determined later.
“I have decided on Option I (removal of entire structure). The fact that there may well be other cases of similar violations provide no grounds for mitigation of the penalty attracted by such an egregious violation as that by the Society.
“Any other decision would have diluted the strong precedents that have been set in judgements of the Supreme Court and different High Courts,” he said.
The Minister said Option II (removal of the part which is in excess of FSI) was “rejected” since it would have been tantamount to regularising or condoning an egregious violation of CRZ Notification, 1991.
The option of handing over the building to the government was “considered but rejected” because even though the final use may be in the public interest, it would still tantamount to regularising a violation of the CRZ Notification, Ramesh said.
He said in case of a takeover there would also be substantial discretionary powers that would vest with the state or the central government.
The building has 103 flats of which 37 have been allotted to defence personnel including two for families of Kargil heroes and the rest going to civilians.
The Ministry’s final order is based on the report of a panel led by Environment Impact Assessment (EIA) Division Advisor Nalini Bhat which said that Adarsh Society had not obtained necessary prior clearance under the CRZ Notification from Maharashtra government after obtaining necessary recommendation from the state Coastal Zone Management Authority.
Congress’ Ashok Chavan had to resign as Chief Minister of Maharashtra after it emerged that three of his relatives were members of the housing society.
Also coming under scrutiny were three of his predecessors – Sushil Kumar Shinde, Vilasrao Deshmukh (both Congress leaders and now senior union ministers) and Narayan Rane (former chief minister of the then Shiv Sena-BJP government and now a state Congress minister).
They reportedly speeded up the proposals to allot the prime plot for the building.
Names of former Army chiefs General Deepak Kapoor and General NC Vij and Navy ex-chief Admiral Madhavendra Singh have also cropped up as beneficiaries of the project launched for the benefit of Kargil war widows. The three later announced that they were surrendering their flats.
Terming the structure as “unauthorised”, Bhat’s report said the building be “removed in entirety” and the area restored.
Defending the decision of the Environment Ministry, Congress said it was based on available material data.
“This is a government order and a government decision based upon reason material data in what might be called a proceedings akin to a quasi judicial proceedings,” party spokesperson Abhishek Singhvi said.
The Adarsh society high-rise was constructed in the posh Colaba locality of Mumbai, which is considered a sensitive coastal area by the defence establishment and houses various key establishments.
The Maharashtra Government had last week recommended to Governor the suspension of state Information Commissioner Ramanand Tiwari for his role in the Adarsh Housing Society scam.
A member of the Maharashtra Human Rights Commission Subhash Lalla had also resigned after names of two of his relatives figured among the beneficiaries.
Questions were also raised on the manner in which clearances were obtained for the construction of the building.
The Environment Ministry issued a show-cause notice to the society on November 12, 2010, asking why the multi-storey building should not be demolished for “violating” environmental norms.
After three extensions, the Ministry at a final hearing on January 4 sought a written submission by January 10. In its written submission, the Society demanded an immediate end to proceedings against it, insisting that it had got all the required clearances.
The Society had also slammed the “undue haste” shown in the initiation of punitive proceedings against it and “converting” their “meritorious case” into a “trial” by media.
The written submission had detailed the sequence of events from 2000 when the steps were started for building the society, including the “clearances” given by the Maharashtra government and “no-objection certificate” by the Environment Ministry in 2003.
“The allegations in the show-cause notice about the building of Adarsh having been constructed without prior clearance under 1991 notification is misplaced and incorrect,” the submission had said.
The CBI has already stepped into the probe of top bureaucrats and former service chiefs who were allotted flats in the housing society.
The CBI has asked for documents from the Mumbai collectorate as well as the Army and Navy and office bearers of the Adarsh Housing society.
The Defence Ministry has already got reports from the Directorate of Defence Estates and the Army. The armed forces are feeling the heat after names of many retired and serving officers have appeared in the list of beneficiaries.
The Society’s counsel Maneshinde said, “The tenor of the order is completely malafide… unfair hearing… the minister was bent upon demolishing Adarsh since the beginning… we will challenge the demolition order.”
Opposition leaders and social activists welcomed the decision and demanded its immediate implementation.
“The Environment Ministry itself has declared the building illegal and it has to be demolished. The bureaucrats involved in the scam should also be punished because the entire issue has brought shame to the State,” Leader of Opposition in Assembly and BJP member Eknath Khadse said.
Echoing Khadse, Shiv Sena MP Bharatkumar Raut said the Ministry has taken a right decision and it should be implemented.
Social activist Simprit Singh said, “We were raising the same issue since 2007, but the State Government ignored us. But after media pressure and public support, the Environment Ministry has taken a right decision.”
—PTI