Mumbai: The Bombay High Court on Friday ordered the the Union Ministry of Environment and Forests to demolish the Adarsh Society building in Colaba area
of South Mumbai and sought criminal proceedings against politicians and bureaucrats for "misuse" of powers.
However, on a plea made by the Adarsh Housing Society, a division bench stayed its order for 12 weeks to enable it to file an appeal in the Supreme Court, despite opposition by the Maharashtra government. The demolition should be carried out at the expense of petitioners (Adarsh Society), ruled the court.
The society, originally meant to be a six-storey structure to house Kargil war heroes and war widows, was converted into a 100-metre-tall building and several politicians, bureaucrats and civilians illegally procured flats there.
Read: Ex-Maharashtra CM Ashok Chavan to be prosecuted in Adarsh scam
The court also asked the Centre and Maharashtra Government to consider initiating civil and criminal proceedings against bureaucrats, ministers and politicians, if not already done, for various offences in acquiring the plot on which Adarsh Society stands and also for misuse and abuse of powers.
However, it noted that the courts concerned shall decide the cases on the basis of evidence on record and in accordance with law, undeterred by the observations or findings made by the high court in this judgement.
The order was delivered in an open court by a bench of Justices R V More and R G Ketkar on a bunch of petitions filed by Adarsh Society challenging the demolition order of the Union Ministry of Environment and Forests and a title suit filed by the Defence Ministry claiming that it owned the land on which the 31-storey society building was constructed.
The court further asked the Centre and state government to consider taking departmental proceedings in accordance with law against bureaucrats.
"The disciplinary authority shall take decision in accordance with law without being influenced by the findings of the high court," said the bench.
The bench placed on record its appreciation for the complainant Simpreet Singh, a member of National Alliance of People's Movement. "But for this intervention, perhaps the gross violation by the petitioners (Adarsh Society) would have been detected," said the Judges.
The court also asked the Adarsh Society to pay Rs one lakh as cost to each of the six respondents including Bharat Bhushan, Director of Ministry of Environment and Forests, Nalini Bhat, Advisor and Competent Authority, MoEF, Sitaram Kunte, former Commissioner of Brihanmumbai Municipal Corporation (BMC) and three others.
One of the big faces accused in the scam is Ashok Chavan, a Lok Sabha member from Nanded and MPCC president. He had to step down as Chief Minister after the scam surfaced in 2010. He was among 12 persons chargesheeted by the CBI in connection with the case.
CBI had alleged that Chavan suggested inclusion of civilian members in Adarsh Housing Society, meant for war veterans and widows of defence personnel, to secure flats for his relatives in the plush complex situated at Colaba in south Mumbai.
