The Bombay High Court gave a two-week breather to the Adarsh Co-Operative Housing Society on Wednesday,saying that for satisfying our judicial conscience,we need time,before a decision can be taken on the demolition of the 31-storey building.
But the court made it clear that this was not a signal to stay the demolition of the highrise. It said it needed to hear the society and the Ministry of Environment and Forests MoEF at length before taking a decision,and so the case was adjourned while status quo is maintained. The courts move came even as the MoEF said there was no way the government could regularise the building which has allegedly been constructed in violation of several laws.
In any event,Adarsh building,as constructed,is not capable of being regularised or compounded,the illegality is wholly incurable, MoEF director Dr Bharat Bhushan said in an affidavit that was filed in court. Allowing any manner of regularisation would establish a precedent that would suggest that the petitioners Adarsh have been allowed to take advantage of their own wrong.
Arguing for the MoEF,Additional Solicitor-General D J Khambata told the court,I am not for a moment suggesting that we wont take action for demolition.
But Justice Ranjana Desai told Khambata that while he may undoubtedly have a good case the court needed to give Adarsh a good hearing. The court also said since Adarsh was not occupied by any of its members,the decision to defer the demolition would not benefit anyone. Arguing for Adarsh,senior counsel Mukul Rohatgi and lawyer Ameet Naik said the construction of the building started seven years back and the MoEF cannot term it illegal as it had the necessary permissions.