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The Supreme Court Friday directed the Defence Ministry to “secure” the 31-storey Adarsh Cooperative Housing Society in south Mumbai, observing that it is “implicit in the order that the building will not be demolished” till the clutch of appeals against the demolition order is decided.
A bench of Justice J Chelameswar and Justice Abhay M Sapre declined to issue any definitive directive to stay the Bombay High Court order on the demolition but observed that the building could not be pulled down when the Ministry was being asked to secure it.
Solicitor General Ranjit Kumar told the court that defence establishments will take over the building within a week and that there would be no demolition. The bench further asked the SG to ensure that there are no squatters or unauthorised elements inside the building.
The bench was hearing a batch of petitions filed by residents of the Adarsh Housing Society. The High Court had ordered demolition of the society in April. The High Court had also directed the Centre and the Maharashtra government to consider launching criminal proceedings against bureaucrats, politicians and ministers for “committing various offences in acquiring the plots” on which the society was constructed, and for abuse of power. The order of demolition was suspended for 12 weeks to enable them to move the top court.
Appearing for the residents, senior lawyer Shekhar Naphade submitted that there were a number of issues relating to clearances and approvals that needed to be looked into in the appeal against the demolition order.
“Ultimately, the question (is) whether the building will be demolished or not. We will not give priority to this matter and hear it first. It will not be taken out of turn for hearing. We also decline to grant any interim stay. But what we propose to do for now is to issue notices and the Defence establishments can take over the building in the meantime,” said the bench.
When Naphade said the society was being maintained by the residents, the court asked them to stay out of these affairs.
The SG said the Naval Command and other defence establishments were ready to take over the building within a week. As Naphade pointed out that there was a dispute between the Central and state governments regarding ownership of the land, the bench said that let the “mighty States” fight among themselves and decide who is the owner.
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