HC directs demolition of Adarsh building, stays order for 3 months

Mumbai

However, on a plea made by the Adarsh Housing Society, a Division Bench stayed its order for 12 weeks to enable it to file an appeal in the Supreme Court, despite opposition by the Maharashtra government.

The demolition should be carried out at the expense of petitioners (Adarsh Society), ruled the court. The court also asked the Centre and Maharashtra Government to consider initiating civil and criminal proceedings against bureaucrats, ministers and politicians, if not already done, for various offences in acquiring the plot on which Adarsh Society stands and also for misuse and abuse of powers.

However, it noted that the courts concerned shall decide the cases on the basis of evidence on record and in accordance with law, undeterred by the observations or findings made by the high court in this judgement. The order was delivered in an open court by a Bench of Justices R V More and R G Ketkar on a bunch of petitions filed by Adarsh Society challenging the demolition order of the Union Ministry of Environment and Forests and a title suit filed by the Defence Ministry claiming that it owned the land on which the 31-storey society building was constructed.

“The disciplinary authority shall take decision in accordance with law without being influenced by the findings of the High Court,” said the Bench.

The Bench placed on record its appreciation for the complainant Simpreet Singh, a member of National Alliance of People’s Movement. “But for this intervention, perhaps the gross violation by the petitioners (Adarsh Society) would not have been detected,” said the Judges.