MEMBERS OF the Adarsh Housing Society have said they will approach the Supreme Court against the Bombay High Court order to demolish the building. Society members termed the HC order ‘harsh’ and said they are waiting for the detailed copy to appeal further. The High Court has given the society 12 weeks to approach the Supreme Court.
Chief Promoter RC Thakur said the society was not illegal and had received the requisite clearances. “We are shocked (by the order). The MMRDA authorities had given the building all clearances, including the Occupancy Certificate. So if it is ordered to be demolished now, who is responsible? The society has 60 per cent members belonging to the Army, who bought the flats with their hard-earned money, many through their pension fund. How are they at fault?” Thakur said.
Thakur added that demolishing the 31-storey building cannot be the only solution. “If it is alleged that people have been given membership erroneously, they can be expelled. The land on which the building is built is not an encroachment. We trust the judicial process and will approach the SC after reading the detailed order,” said Thakur.
The society members had termed the demolition order passed by the Ministry of Environment and Forests in 2011 as ‘malafide’, maintaining they had all clearances.
Former BMC commissioner Jairaj Phatak also said the society office-bearers will decide after receiving the order on whether to approach the Supreme Court. “Even in the case of another building in Mumbai, the Supreme Court had granted relief to the society. Similarly, the MoEF itself has given relief to violations in seeking environment clearances,” Phatak said.
The MoEF in January 2011 had ordered that the building be demolished for violating coastal regulation laws. Within a month, the society had moved court for relief. “We are being entangled in a political fight. This is not fair to the society’s other members,” said a member not wishing to be named.