Adarsh is on our land,though not in our records: Defence

The High Court is hearing a petition filed by the Society against cancellation of permissions to the building by local authorities.

This is the first time since the controversy erupted four months ago that the MoD has officially admitted that military records do not reflect details of the Adarsh plot. The controversial society which forced Ashok Chavan to quit as Maharashtras Chief Minister is accused of usurping defence land and violating environmental and city planning rules to build a 31-storey tower to house former generals,politicians,bureaucrats and their relatives,some of whom allegedly allowed the violations.

Under the Rules for Acquisition,Custody,Relinquishment of Military Lands in India 1944,entries regarding title of land acquired from state governments as well as details of plots owned by the MoD have to be maintained in the Military Land Register.

Even as the MoD has admitted to the absence of any such entry in its records,the affidavit nonetheless repeatedly asserts that the land has been in occupation and possession of the MoD.

It says,merely because the Adarsh plot is not reflected in the Military Land Register does not mean that8230;the MoD is not the owner of the Adarsh plot. Moreover,entry in favour of the petitioners Adarsh society in the property card cannot confer title on the petitioner.

To support its claim to the land,the affidavit refers to a MoD letter dated 1958 allowing transfer of 41 acres of defence land in Santacruz to the Government of Maharashtra for construction of the Western Express Highway and slum clearance scheme.

In return,the state government was to transfer the same amount of land from Block VI of Colaba a plot then adjacent to existing defence installations. One of the conditions for transfer was that a proper valuation would be carried out following which the difference between the two valuations would be paid to the government concerned.

While the Santacruz land was transferred to the state government the following year,the affidavit says that the state government did not record the title of any land to MoD in return for the Santacruz defence land nor did it pay the MoD any money for the Santacruz land.

It goes on to say that in 1964,the Collector wrote to the Military Estates Office saying,Government has instructed me to inform you that the land from Block VI Backbay Reclamation cannot be transferred to the Defence department. The affidavit does not mention any further communication about the transfer of land.

It,however,goes on to accuse the Defence Estate Office of falsely stating that the plot was state governments land in reply to a March 2000 letter from the Collector asking for its No Objection Certificate for building Adarsh society. Terming Adarsh a security threat,the MoD affidavit asks the judiciary to not grant any interim relief to the society.

The affidavit says that in 1796,the original island of Colaba was declared as a Military island and all land and buildings were declared as military land under occupation and possession of Military and no civil construction or ownership was permitted.

The society has earlier argued that there are several existing civilian-occupied buildings in the vicinity of Adarsh including the slums of Ganesh Murthy Nagar and Geeta Nagar and the residential buildings of Dolphin and Oyster,which are right inside the Colaba Defence Station.

The MoD affidavit has dismissed the societys argument saying that after the 26/11,2008 terrorist attack on Mumbai,the threat perception has changed significantly.

The MoD affidavit says that a Board of Officers had been convened on January 8 this year in order to start the process of notifying the Colaba Military Station under the Works of Defence Act 1903. This would mean that land in the vicinity of the notified station would have to be kept free from any buildings.

It is practically impossible to notify it as the MoD will have to give monetary compensation for all the residential structures in the vicinity including Ratan Tatas under-construction bungalow and Ambanis Sea Wind, said an Adarsh society member.

The society on Tuesday submitted a copy of the MoDs affidavit to the state government-appointed enquiry commission.