Mumbai: Bombay High Court on Tuesday directed
for status quo to be maintained at the scam-hit Adarsh Society
building in south Mumbai pending hearing on the latest
petition filed by Defence Ministry.
A division bench of Justices PB Majmudar and R D
Dhanuka was hearing a petition filed by the Union Ministry of
Defence seeking implementation of an order passed by the
Ministry of Environment and Forest (MoEF) directing demolition
of the 31-storey Adarsh building.
According to the Defence ministry, the plush society is
built inside Colaba military station in south Mumbai and was a
security threat as it looks over vital installations of the
"No one has the right to ignore the security of the
nation. Defence of the country is first, rest all is
secondary," Justice Majmudar observed.
The court while posting the petition for hearing on
April 30 directed for status quo to be maintained.
"Concerned authorities are restrained from issuing NOC,
Occupation Certificate (OC), Commencement Certificate (CC) or
any other development facility to the society pending hearing
of this petition," the court said.
The bench also observed that the state government before
granting permission to Adarsh should have insisted on an NOC
from the Defence ministry.
Government pleader DN Nalavade informed the court that
after the Adarsh scam came to light a circular has been issued
on November 4, 2010 making it mandatory to seek NOC from
defence ministry in cases where construction is near a defence
The court was also informed that the MMRDA had already
revoked the OC granted to the society and electricity and
water supply were disconnected and no member has occupied the