HC refuses to transfer  Adarsh plea to tribunal

Mumbai :  Observing that the environment violation cannot be dealt separately from other allegations, the Bombay High Court on Tuesday refused to transfer an application filed by the Adarsh housing society, challenging the demolition order passed against it, to the National Green Tribunal (NGT).

HC refuses to transfer  Adarsh plea to tribunal

In February 2011, the scam-tainted housing society had approached the high court challenging the demolition order passed by the Union Ministry of Environment and Forest (MoEF) and seeking transfer of its petition to NGT.

A division bench headed by Chief Justice Mohit Shah dismissed the application stating that it cannot be isolated from other issues raised in the case in a bunch of public interest litigations filed by social activists and the suit filed by the Union Ministry of Defence over ownership of the land.

The court observed that besides the environment issue, there are several other issues existing like ownership, security risk pointed out by the defence ministry, allotment of membership and permissions granted that need to be seen collectively.

The housing society claimed that when it had moved before the high court challenging the demolition order, the green tribunal was not functioning. “Now two benches have been constituted and hence even this petition should be transferred to the tribunal,” the society claimed.

On January 16, 2011 MoEF had passed an order for demolishing the society in Colaba for alleged violation of Coastal Regulation Zone (CRZ) norms and not obtaining permission from the ministry before construction.

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