The ministry told the Bombay high court that Adarsh co-operative housing society has not only flouted the norms related to environment but also violated Floor Space Index rules for constructing the multi-storied building.
The Ministry of Environment and Forest (MoEF) told the Bombay High Court on Monday that the Adarsh co-operative housing society has not only flouted the norms related to environment but also violated Floor Space Index (FSI) rules for constructing the multi-storied building.
Additional solicitor general, Darius Khambatta, appearing for the ministry said the society could not have utilised FSI of an adjoining plot reserved for a Brihanmumbai Electricity Supply and Transport (BEST) undertaking depot. “This is like, a builder using FSI of a plot at Mazgaon for constructing a building on a South Mumbai plot saying he will not construct anything on the Mazgaon plot,” Khambatta cited as an example.
The ministry was replying to the petition filed by the society challenging the January 16, order issued by it directing the society to demolish the building.
Adarsh society had constructed a 31-storey tower with built-up area of 8,401 square metres after utilising FSI of the adjoining plot ad-measuring 2,669 sq metres. Khambata stressed on the fact that the two plots were not amalgamated, as required for utilisation of combined FSI, before allowing the society to utilise FSI of BEST depot. Senior advocate Mukul Rohatgi earlier submitted that society deserved consideration for post-facto sanction, on the lines of Lavasa Corporation’s hill station project.
Rohatgi argued that the housing society could not be blamed if the state government misread a letter from MoEF issued on March 11, 2003 in response to the Urban Development Department’s proposal seeking a No Objection Certificate (NOC) for Adarsh society building. The then secretary, UDD, PV Deshmukh had written to the Brihanmumbai Municipal Corporation that MoEF had accorded its sanction for the building, on the basis of the MoEF letter.
The additional solicitor general discarded the contention by submitting it was not a bonafide mistake but deliberate one. “Repeatedly the housing society was told by Maharashtra government to obtain an NOC from the MoEF, but they repeatedly and brazenly breached this precondition,” said Khambatta, who will continue his arguments on Tuesday.
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