Bombay High Court orders demolition of scam-tainted Adarsh apartments

The Bombay High Court on Friday ordered demolition of the 31-storey scam-tainted Adarsh apartments in the heart of Mumbai and sought criminal proceedings against politicians and bureaucrats for misuse of powers, holding that the tower was illegally constructed.

However, on a plea made by the Adarsh Housing Society, a division bench stayed its order to pull down the building close to the sea at Colaba for 12 weeks to enable it to file an appeal in the Supreme Court, despite the Maharashtra Government opposing it.

In its order, the division bench asked the Union Ministry of Environment and Forest to carry out the demolition at the expense of petitioners (Adarsh Society).

The court also asked the Centre and Maharashtra Government to consider initiating civil and criminal proceedings against bureaucrats, ministers and politicians for misuse and abuse of power to get plots under the scheme, originally meant for Kargil war heroes and war widows. Seen as a symbol of corruption, the Adarsh scam kicked up a huge poltical storm after it surfaced in 2010 , leading to the resignation of the then Congress chief minister Ashok Chavan.

In February this year, the Maharashtra Governor accorded sanction to the CBI to prosecute Chavan under the provisions of the Indian Penel Code in the case. When his reaction to the verdict was sought, Chavan said, Unless I get it in my hand the copy of the order, I cannot comment on the issue.

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 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 not have been detected, the court observed.

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.

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