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LATEST NEWS UPDATES | Adarsh to challenge Sunday slap

Adarsh to challenge Sunday slap

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published Published on Jan 16, 2011   modified Modified on Jan 16, 2011

Faced with full demolition, the Adarsh housing society today said it would challenge the “mala fide” order in the high court even as it slammed environment minister Jairam Ramesh for his tearing hurry.

“Right from day one, even before the show-cause notice was issued to the society, the minister has been saying the building would be demolished. It is a mala fide order. The minister seemed to be in a tearing hurry and that is the reason he has passed the order on a Sunday,” the society’s lawyer, Satish Maneshinde, said.

Maneshinde said the society, which included several politicians and relatives of serving and retired bureaucrats, would convene a special general meeting to discuss the order and decide the future course of action.

“The ministry has apparently sent a copy of the order to our counsel in Delhi. We will decide whether to move Bombay or Delhi High Court. Basically, demolition is not a prerogative of the environment ministry. So Jairam Ramesh has no jurisdiction,” Maneshinde told The Telegraph hours after the Union ministry ordered full demolition of the Colaba building within three months.

Society member Kanhaiyalal Gidwani, who has three flats in the 31-storey high-rise, said the environment ministry “has to communicate today’s decision” to Bombay High Court where the society has challenged the revocation of the occupation certificate and the snapping of water and power connection to the building. “We will take legal advice and proceed further,” the Congress MLC said.

The society had moved the high court after the Mumbai Metropolitan Region Development Authority, which had granted the occupation certificate, revoked it on the orders of former chief minister Ashok Chavan on October 30.

The next day, municipal authorities snapped water connection to the building while the Bombay Electric Supply and Transport Undertaking cut the power supply.

On December 23, Bombay High Court declined to give relief to the society, saying it would have to examine serious issues, including the society’s failure to get the requisite environmental clearance and security concerns raised by the defence ministry.

Activist-lawyer Yogesh Pratap Singh, who exposed the scam and had filed two petitions against Adarsh, said the ministry had “met our demand” and it was a matter of time before the high-rise was razed. “Courts may hear the society’s appeal, but they will not give more than temporary relief when the law has been clearly violated.”

Maharashtra information commissioner Ramanand Tiwari, one of the officers under the scanner for their alleged role in the scam, today refused to resign after meeting governor K. Sankarnarayanan.

“The clearances (to Adarsh society) were given by the state, not by me,” a defiant Tiwari said after his 10-minute meeting with the governor.

Tiwari, whose son Omkar owns a flat in Adarsh, was urban development secretary when the floor space index of an adjoining plot reserved for BEST was transferred to Adarsh. The Prithviraj Chavan government has already recommended to the governor Tiwari’s removal from the constitutional post.

Under the Right to Information Act, the governor has to provide adequate evidence of the officer’s wrongdoings and refer the recommendation to the Supreme Court. Only after the apex court’s nod can a state information commissioner be removed, according to Section 17 (1) of the RTI Act.


The Telegraph, 17 January, 2011, http://www.telegraphindia.com/1110117/jsp/nation/story_13451546.jsp


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