Demolish Adarsh Housing Society:Ramesh

Nksagar -Sagar Media Inc -New Delhi:Environment ministry on Sunday directed the scam-hit Adarsh Housing Society in Mumbai to demolish within three months the "unauthorised" 31-storey building in upmarket Colaba for violating coastal regulations and restore the area in its original condition.

If the society failed to comply with it on its own, "the ministry will be constrained to enforce this direction", the order said.The society meant to house families of Kargil martyrs came under the scanner following reports that flats were doled out to politicians, top defence personnel including two former Army Chiefs and bureaucrats as well as their kin.

"The unauthorized structure built at Block-6, Backbay Reclamation Area, near Backbay Bus Depot, Capt.Prakash Pathe Marg, Colaba, Mumbai-400005, A-Ward should be removed in its entirety and the area should be restored to its original condition," the three-page order said.In Mumbai, the Maharashtra government said it would soon take a decision on the Environment Ministry's direction."We will read the order issued by the Environment Ministry on the Adarsh society and decide soon on what is to be done," State Environment Minister Sanjay Devtale told the news agency.Counsel for the Adarsh Society Satish Maneshinde said the order would be challenged in the High Court once its copy was available.He alleged that the contents of the order were "leaked" to the media earlier this week while the order itself was issued on a Sunday."I think it is totally malafide and we will challenge it as and when we get the copy of the order," he said.

"Adarsh Cooperative Housing Society has violated the very spirit of CRZ (Coastal Regulation Zone) Notification, 1991 by not even acknowledging the need for clearance under this notification...Ignorance of law an never be an excuse for non-compliance," Environment Minister Jairam Ramesh said in a statement posted on the Ministry's website.

Accusing the society of "egregious" violation, Ramesh said the Ministry had three options at its disposal -"removal" of the entire structure, removal of that part of the structure in excess of the floor space index (FSI) and recommending the government to takeover the building for public use which could be determined later.

"I have decided on Option I (removal of entire structure). The fact that there may well be other cases of similar violations provide no grounds for mitigation of the penalty attracted by such an egregious violation as that by the Society"Any other decision would have diluted the strong precedents that have been set in judgements of the Supreme Court and different High Courts," he said.The Minister said Option II (removal of the part which is in excess of FSI) was "rejected" since it would have been tantamount to regularising or condoning an egregious violation of CRZ Notification, 1991
The option of handing over the building to the government was "considered but rejected" because even though the final use may be in the public interest, it would still tantamount to regularising a violation of the CRZ Notification, Ramesh said.He said in case of a takeover there would also be substantial discretionary powers that would vest with the state or the central government.The building has 103 flats of which 37 have been allotted to defence personnel including two for families of Kargil heroes and the rest going to civilians.

The Ministry's final order is based on the report of a panel led by Environment Impact Assessment (EIA) Division Advisor Nalini Bhat which said that Adarsh Society had not obtained necessary prior clearance under the CRZ Notification from Maharashtra government after obtaining necessary recommendation from the state Coastal Zone Management Authority.

Congress' Ashok Chavan had to resign as Chief Minister of Maharashtra after it emerged that three of his relatives were members of the housing society.Also coming under scrutiny were three of his predecessors - Sushil Kumar Shinde, Vilasrao Deshmukh (both Congress leaders and now senior union ministers) and Narayan Rane (former chief minister of the then Shiv Sena-BJP government and now a state Congress minister).They reportedly speeded up the proposals to allot the prime plot for the building.
Names of former Army chiefs General Deepak Kapoor and General N C Vij and Navy ex-chief Admiral Madhavendra Singh have also cropped up as beneficiaries of the project launched for the benefit of Kargil war widows.The three later announced that they were surrendering their flats.Terming the structure as "unauthorised", Bhat's report said the building be "removed in entirety" and the area restored.Defending the decision of the Environment Ministry, Congress said it was based on available material data.
"This is a government order and a government decision based upon reason material data in what might be called a proceedings akin to a quasi judicial proceedings," party spokesperson Abhishek Singhvi said.The Adarsh society high-rise was constructed in the posh Colaba locality of Mumbai, which is considered a sensitive coastal area by the defence establishment and houses various key establishments.

The Maharashtra Government had last week recommended to Governor the suspension of state Information Commissioner Ramanand Tiwari for his role in the Adarsh Housing Society scam.A member of the Maharashtra Human Rights Commission Subhash Lalla had also resigned after names of two of his relatives figured among the beneficiaries.
Tiwari not to quit despite govt pressure putting the Maharashtra Government in a quandary, a defiant Ramanand Tiwari said he will not quit as Information Commissioner and willchallenge the recommendation to the governor to suspend him following his alleged involvement in the Adarsh Housing scam.

"I am not quitting but will challenge the suspensionprocess," Tiwari said after a 10-minute meeting with theMaharashtra Governor K Sankaranarayanan at Raj Bhavan.Alleging "misconduct" by Tiwari in the Adarsh Housing Society scam, the State Cabinet had on January 11 recommended his suspension to the governor.

The former IAS official said during the meeting, he "presented" his side of the story.
"I am not going to step down and I have informed the Governor. The Government has already appointed a commission to probe the matter and truth would be out soon," Tiwari said, adding, "I am willing to face the inquiry."
"I feel that any other action at this stage against mewill not be fair.the media has made out that I am the mainculprit. I deny that," he said.

Tiwari said during his stint as urban developmentdepartment secretary several files came to him for clearances."However, the decision to clear land reservation andland transfers is a decision taken by the state and not byme," he added."I continue to attend office as I have not got anycommunication from the state government asking me not toattend office," Tiwari, a retired IAS officer, whose son ownsa flat in Adarsh society, told a news agency earlier this week. Media Agencies
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