Mumbai: The Adarsh Cooperative Housing
Society on Wednesday informed the Bombay High Court the high-rise
cannot be demolished for not having sanction of Maharashtra
Coastal Zone Management Authority, 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 (MoEF) 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 MoEF 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 MoEF 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 Rs
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 MoEF
saying the society was aware that it needed a green clearance.