Army opposes Adarsh Society’s plea

Says members have admitted large-scale irregularities; raises security threat

September 23, 2014 07:32 am | Updated November 16, 2021 07:35 pm IST - MUMBAI:

The Army has opposed the Adarsh Society’s Notice of Motion before the Bombay High Court for restoration of water and electricity supplies to the building for maintaining it.

In its affidavit filed before the Court, the Army said members of the Adarsh co-operative society have themselves admitted to large-scale irregularities in the Society’s affairs, and pleaded that the Motion be dismissed with heavy costs.

The Adarsh co-operative housing society scam, in which many senior bureaucrats, politicians and Army officials allegedly joined hands to dole out favours for the society, led to the CBI charge sheet against 13 persons.

“Applicant (Adarsh Society) have themselves in effect admitted that there was large-scale irregularity in the affairs relating to Adarsh CHS Limited, as more than 30 of its members have been found to be ineligible to be allotted any premises/flats in the illegally constructed building. Further, the report of the Commission of Inquiry (appointed by Maharashtra government) also categorically holds that the building in question was constructed illegally and without the mandatory CRZ clearance,” the Army’s affidavit stated.

It said the Ministry of Environment and Forests had issued a demolition notice which had not been stayed by any court of law. "In the light of the order already passed by the Competent Authority i.e. MoEF, to demolish the building on the said property, the question of the Applicant being entitled to any reliefs in that regard does not arise at all," it said.

The Army has further apprehended that the society might misuse the reliefs if they are granted by the court.

It has raised concerns about the security of critical military locations and installations in Colaba if any relief is granted to the society.

“The building which is presently unoccupied, in itself is still a serious security threat to the security of the Colaba Military Station and other vital installations in the vicinity and in fact, further orders restricting access of all and any person to the said building, is required to be granted in the present petition to maintain the safety and security of the Colaba Military Station,” the affidavit has stated.

It has further said, “The question of granting any interim relief for temporary connection of electricity and water to maintain the building, would amount to permitting access to unknown person to visit the building from time to time and which could result in occupation of the building, in essence defeating the interim reliefs granted in the present petition.”

The Army has also rubbished the society's claim that it needs electricity to install aeroplane warning system on the terrace. “If at all any Aeroplane warning signal is required to be maintained on the terrace of the building, then the same can still be done by using battery assisted warning systems and it is not necessary for reconnection of electricity supply, for installation of the same,” it has stated further.

The Army has claimed that the society concealed many important facts while moving the notice of motion, and that previously too the court had refused to grant such reliefs to the society.

It has said that the motion is the society's “back-door attempt to try and obtain such interim reliefs, which the Applicant could not even obtain in their own Writ Petition, till date”.

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