Adarsh Cooperative Housing Society challenges HC order rejecting plea against MoD suit

MUMBAI: The scam-tainted Adarsh Cooperative Housing Society here has filed an appeal in the Bombay High Court against an earlier order rejecting its plea against the suit filed by defence ministry claiming ownership of the land on which it stands.

The appeal would come up for hearing before a division bench on January 12.

The ministry of defence filed the suit in the civil court in December 2012 claiming ownership of the land in upscale Colaba area in south Mumbai where Adarsh stands.

The society was constructed illegally as the land had been transferred to it by fraud, collusion and connivance on the part of society members, state ministers and bureaucrats, the suit (still pending) says.

The society moved the High Court, opposing the suit on the ground that only the Defence Estate Officer can file such a suit, and not general officer in command (GOC), as was done in this case.

The society relied upon an order passed by the authorities in 1930, as well as a military land manual.

The MoD however said the GOC had been duly empowered to file such suits.

A single judge of the High Court rejected the society's application in May 2014.