No demolition until hearing on June 27

He also said that the Society had till date made no application for regularisation of the 31-storeyed residential highrise allegedly built in violation of the CRZ norms. “They have been brazen. They don’t need the (MoEF’s) permission,” Khambata said.

Justice Ranjana Desai asked,“But how far can you go with regularisation?” Khambata said that in case of Adarsh,regularisation was “not even an option”. Stating that the case of Adarsh was different from the illegal constructions in Lavasa,where the builders had made applications for regularisation in 2009,Khambata said,“Only a structure that was legal but didn’t have a formal sanction can be regularised. The Supreme Court has held that illegality is incurable.”

Khambata added that the Maharashtra Coastal Zone Management Authority’s (MCZMA) permission was essential for the construction of the tower. The MCZMA in January 2002 issued a notification adding that it shall examine all building proposals before sending them to the Centre. Khambata said the Society had misconstrued the MoEF’s letter asking it to approach the state government for the necessary permissions as a “nod” of the ministry.

Khambata said that responding to a letter from former Deputy Secretary P V Deshmukh,named as an accused in the FIR filed by the Central Bureau if Investigation (CBI),the state government in 2003 issued a letter of intent for the 3,758 sq m plot on which the building stands. “Even the state could not have done it without the MCZMA,” Justice Desai remarked.

Arguing for the society,senior counsel Milind Sathe,however,said: “The project will be in legal parameters. The MCZMA can give the clearance even now.”

Khambata also said that the Society had “usurped” the FSI of the adjoining BEST plot (2,669 sq m) belonging to the Backbay Bus Depot and constructed 15-16 illegal stories. “Somewhere down the line authorities have to be shaken up,” Khambata said,adding: “They can’t take shelter behind innocence. They know exactly what the regulations are.” Justice Desai said,“Somewhere a beginning must be made.”