This article exists as part of the online archive for HuffPost India, which closed in 2020. Some features are no longer enabled. If you have questions or concerns about this article, please contact indiasupport@huffpost.com.

Bombay High Court Directs Demolition Of Adarsh Building

Bombay High Court Directs Demolition Of Adarsh Building
A local resident walks past the controversial Adarsh Housing Society apartments in Mumbai on November 9, 2010. The chief minister of Maharashtra, Ashok Chavan, one of India's richest states, was forced to resign on November 9 over his alleged role in a housing scam involving apartments meant for war widows. AFP PHOTO/ Punit PARANJPE (Photo credit should read PUNIT PARANJPE/AFP/Getty Images)
AFP via Getty Images
A local resident walks past the controversial Adarsh Housing Society apartments in Mumbai on November 9, 2010. The chief minister of Maharashtra, Ashok Chavan, one of India's richest states, was forced to resign on November 9 over his alleged role in a housing scam involving apartments meant for war widows. AFP PHOTO/ Punit PARANJPE (Photo credit should read PUNIT PARANJPE/AFP/Getty Images)

MUMBAI -- Holding that the scam-tainted 31-storey Adarsh apartments was illegally constructed, the Bombay High Court today directed the Union Ministry of Environment and Forests to demolish the tower in Colaba area of South Mumbai and sought criminal proceedings against politicians and bureaucrats for "misuse" of powers.

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 court further asked the Centre and state government to consider taking departmental proceedings in accordance with law against bureaucrats.

"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 have been detected," said the Judges.

The court also asked the Adarsh Society to pay Rs one lakh as cost to each of the six respondents including Bharat Bhushan, Director of Ministry of Environment and Forests, Nalini Bhat, Advisor and Competent Authority, MoEF, Sitaram Kunte, former Commissioner of Brihanmumbai Municipal Corporation (BMC) and three others.

Contact HuffPost India

Also on HuffPost India:

NRI Iced Tea

12 Summer Cocktails With An Indian Twist From Mixologists Across India

Close
This article exists as part of the online archive for HuffPost India, which closed in 2020. Some features are no longer enabled. If you have questions or concerns about this article, please contact indiasupport@huffpost.com.