A probe ordered by defence minister AK Antony has prima facie found a “criminal conspiracy” in the way the controversial Adarsh Co-operative Housing Society in Colaba has come up.

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The society has several former and serving service chiefs and bureaucrats as members.

The probe has also “not ruled out”’ collusion of local military officers with the promoters of the housing society, sources said on Friday. Defence ministry officials admitted the army had been in “de-facto” possession of the prime 6,490 sq mt plot of land for over 60 years before the high-rise came up.

The possession was established based on the report sent by the defence estate officer (DEO) referring to past correspondence of the land being with the army.

It is learnt that the DEO has pointed out that the state government prepared a property card of the disputed land as their own only in 2007.

“The town planning department carried out a survey only in 2003 and gave the plot a CTS no, 652, in 2004. If a development plan of Backbay Reclamation was prepared, why were the plots not numbered, or importantly, the property card not prepared by the government,’’ questioned a senior officer.

Ministry sources said the question of whether the society sought or obtained any no-objection certificate from the military for the high-rise had also not come out clearly. The Indian Army, represented by the general officer commanding (Maharashtra Gujarat and Goa), is learnt to have echoed the views of the DEO.

Meanwhile, former army generals NC Vij and Deepak Kapoor and former navy chief Madhavendra Singh have said they will return the flats if the building had violated any promise of providing flats to the kin of Kargil martyrs.