Supreme Court to MoD: Take over Adarsh, secure land

The Supreme Court on Friday directed the defence ministry to take possession of the Adarsh Housing Society apartments in Mumbai and the land on which the building stands and secure it from encroachment.

A bench of Justices J. Chelameswar and A.M. Sapre asked the Mumbai municipal authorities not to carry out the demolition of the building, though it did not pass a specific order to this effect. On the Adarsh Housing Society’s persistence that the Bombay high Court decision ordering demolition be stayed, the bench said the word “secure” meant there would be no razing.

Earlier, senior counsel Shekar Naphade, appearing for the society, pleaded that the Bombay high court order directing demolition of the structure and resumption of lands be stayed. Solicitor general Ranjit Kumar assured that the defence ministry would secure the building and the land and there would be no demolition.

When the bench wanted to know whether there was any occupant in the flats, Mr Naphade and the SG informed the court that the building was lying unoccupied from 2010. The SG said the occupancy certificate issued to the society was later rescinded and no one had occupied the flats. Mr Naphade, however, said some of them had kept their furniture in the flats and the office-bearers may be allowed to remove them. The bench agreed and passed an order to this effect. The bench also asked the registrar-general of the Bombay high court to ensure that either he, or a registrar nominated by him, oversee the handing over of possession of the building on or before August 5 in the presence of the Military Estate Officer and office-bearers of the society. The bench asked the high court registrar to ensure that all documents and records pertaining to the society are inventorised and handed over to the housing society simultaneously when the MEO or his nominee takes over possession of the building.

The bench issued notice to the Centre and the Maharashtra government on a batch of appeals filed by Adarsh Society and individual owners challenging the demolition order. On April 29, the Bombay high court ordered the demolition of the 31-storey building in Mumbai as it was built on land belonging to the defence ministry. The high court also asked the state government to resume possession of the land after the building was demolished. The appeals are directed against this order.