MUMBAI: Adarsh Cooperative Housing Society has finally moved the Supreme Court against the Bombay high court verdict directing the demolition of the 31-storey Colaba building located next to defence installations.
Days before the 90-day deadline to file a special leave petition (SLP) to seek permission to appeal against the judgment of the HC bench of Justice R V More and Justice R G Ketkar, the society has knocked at SC doors. The SLP is expected to come up before a SC bench on Tuesday.
The society, which had lost its battle against an order of demolition issued by the ministry of environment and forests (MoEF) for environmental zone violations, is now hoping for SC intervention. Its arguments before the HC were that it had all development permissions and green clearance in place and before the SC too, its arguments would be that the demolition order cannot be upheld as principles of natural justice were violated at MoEF hearings. The HC had granted a 12-week stay on the demolition.
Senior counsel Darius Khambata, who appeared for Maharashtra Coastal Zone Management Authority and defence ministry, had detailed various “serious breaches of law” to state why the demolition order must be upheld. But the society had stressed on how the MoEF had allegedly “short- circuited” natural justice in issuing the demolition order in January 2011.
The society has challenged findings of the HC order, including that the plot was not even available. The HC had held that the plot was created by carving it out of a road reservation without following legal procedure only after bureaucrats applied for the attractively priced flats. But the society said the change of user and all permissions were legal.
Credits ET Realty