Demolition order pre-determined: Society

“In 2003,the Union Government sent a letter to the Maharashtra government saying that the state had the power to decide. This letter was construed as no objection certificate from the Union. For a miscommunication between the state and the Centre,private people cannot be blamed,” Rohatgi contended.

“The state government had the authorisation power to sanction construction. Merely because there is no written NOC by the Union Government,the demolition order was passed. Since 2002,the state government has been giving all sanctions and permissions to the society,” he said. “The decision for or against demolition of the building should have been taken by the state government which had granted the sanctions to the building.” “Any quasi-judicial body should apply its mind on its own. Not say that it was directed by this authority and that authority,” Rohatgi said.

“In Delhi,building laws have been liberalised,in Mumbai it has reserved,” Rohatgi told a division bench of Justice Ranjana Desai and Justice RG Ketkar. The bench is hearing a group of petitions related to the Adarsh scam.

The court will hear the Centre’s arguments on May 2.