The Maharashtra Coastal Zone Management Authority (MCZMA) has rejected a proposal seeking post facto Coastal Regulation Zone (CRZ) clearance and regularisation of the controversial Adarsh Cooperative Housing Society (CHS) in Mumbai. The members of the housing society in Colaba had moved an application seeking to regularise the construction under the amended Coastal Regulatory Zone (CRZ) rules of 2018.
In November 2019, the members had approached the MCZMA for post facto CRZ clearance. The Supreme Court had then directed the MCZMA to consider the application. Following it, the MCZMA had forwarded the matter to the Ministry of Environment and Forests (MoEF), which had directed the authority to make a specific recommendation in consonance with the March 2018 CRZ notification.
In its decision dated December 21, 2020, the MCZMA had said that the CRZ notification of March 6, 2018, for post facto clearance cannot be applied to Adarsh CHS, as it is otherwise not permitted. It had noted that the Bombay High Court had dealt with the matter in detail. In its April 2016 order, the HC had observed that petitioner Adarsh CHS had consumed 2.932 floor space index against the permitted 1.33. In the minutes of the meeting, the authority said, “The HC order is still in force and the MCZMA is duty-bound to abide by the findings and observations dated April 29, 2016, passed by the high court in the Adarsh CHS matter.”
It added that it has decided that the proposal can’t be recommended to the MoEF for regularisation as per the 2018 notification and the same would be communicated to the ministry.
The 31-storey Adarsh CHS, originally meant to house retired defence personnel and survivors of the Kargil War, has been mired in controversy. In 2010, it was revealed that politicians, bureaucrats and military officials colluded to violate rules concerning land ownership and other norms to get flats allotted to themselves and their relatives.
In October 2010, the Mumbai Metropolitan Regional Development Authority had rejected the occupation certificate granted to Adarsh CHS.
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