Mumbai: Asserting that defence ministry has
no claim on the plot of land on which the structure stands,
Adarsh Housing Society in its affidavit before the Bombay
High Court Friday said even security concerns, on account of
proximity to defence area, are "sham and bogus".
The society, which became controversial following the
allegations that its construction violated environmental norms
among other things, has moved High Court challenging
cancellation of occupation certificate and power, water
cut-off by civic authorities last month.
The hearing was adjourned to December 21 today as Union
government wanted time to respond to Adarsh`s affidavit.
Society`s affidavit says that there are "colonies of
residential units occupied by thousands of civilians known as
Ganesh Murti Nagar and Geeta Nagar within defence boundary."
"There are places of worship within the defence area which
are regularly visited by civilians."
"Hence the issue of security (raised by Union) is
absolutely sham and bogus," the society says.
At the last hearing, division bench of Justices B H
Marlapalle and U D Salvi had asked Adarsh`s lawyer "exactly
when Defence ministry handed land to you," as the 1999
application by society seeking the plot mentions that it was
earlier with defence.
But today`s affidavit claims that land always belonged to
the state and not to the defence or Union.