Mumbai: Saying that Adarsh Housing Society
had brazenly violated the law, the Union Ministry of
Environment and Forests on Monday ruled out the possibility of
regularizing the 31-storey building, at a hearing before the
Bombay High Court.
The division bench of Justices Ranjana Desai and R G
Ketkar was hearing the petition filed by the Society,
challenging the January 16 demolition order passed by the
"Adarsh building is one case that cannot be regularized.
The entire building was constructed without CRZ (Coastal
Regulation Zone) clearance. The Society has been repeatedly
behaving as if the law does not apply to them," said
Additional Solicitor General Darius Khambatta, appearing for
The Society "deliberately misconstrued" the letter dated
March 11, 2003 issued by the MOEF to the Urban Development
Department (UDD) of Maharashtra, he argued.
"According to law, any construction in coastal area needs
recommendation of the Maharashtra Coastal Zone Management
Authority (MCZMA), which is a central authority. In January
2003, the state government forwarded the proposal of Adarsh
Society (to construct the building) to the Centre. In March
2003, the MoEF replied stating since the plot falls within
coastal zone, permission needs to be taken from the
appropriate authority," Khambatta said.
But the state government wrongly interpreted this letter,
and P V Deshmukh, the then under secretary of UDD, wrote to
Adarsh`s promoters that Centre had granted clearance, he