Mumbai: The Defence Ministry has issued a notice to Maharashtra government and scam-tainted Adarsh Housing Society asking them to hand over the possession of the land, where the building stands in South Mumbai, to it.
The notice demands the state government to acknowledge the Ministry of Defence`s title and ownership of the plot within two months.
"If the Maharashtra government and Adarsh are unwilling to do so, then the ministry will be compelled to file a civil suit in the Bombay High Court or any other competent court," the notice sent by advocate Dhiren Shah on behalf of the ministry states.
The notice has been sent over a month after a two-member inquiry commission set up by the government submitted its report, saying the land belonged to the Maharashtra government and was not reserved for Kargil War widows or their families.
"The 31-storey building (Adarsh) has been constructed illegally and unlawfully. The MoD is the sole owner of the land. By fraud, collusion and connivance on part of Adarsh members, ministers and bureaucrats of the state government and officials from the Defence Ministry acting beyond their scope of authority, the land was transferred to Adarsh Society," the notice claims.
The notice has been sent to the Chief Secretary of Maharashtra, Registrar of Cooperative Societies and Adarsh Society.
The notice has sought the government to declare that MoD is the sole and absolute owner of the property, hand over possession to the Army and restrain people from entering the building.
"In a final attempt to avoid litigation, the defence ministry calls upon the government and Adarsh to reconsider their legal position and acknowledge title of MoD within two months," the notice reads.
Shah said since Adarsh Society was also a party along with the Defence Ministry and the Maharashtra government in the case, the suit would in all probability be filed in the Bombay High Court and not in the Supreme Court.