Adarsh scam: Buildings along coast to be surveyed; experts say MoEF on strong wicket

MUMBAI: Union environment ministry’s decision to demolish Adarsh Cooperative Housing Society (ACHS) has turned the spotlight on other buildings that have come up in violation of Coastal Regulation Zone (CRZ) norms. Maharashtra environment department has sent notices to one such highrise in South Mumbai.

‘‘ We received several complaints from residents and we will look into each of them. We have formed a committee to survey buildings along the coast as per the new CRZ norms. The report will be ready in two months and an action taken report will be sent to the Union ministry of environment and forests (MoEF) in six months,’’ said a senior official from the state environment department.

Y P Singh, counsel for the National Alliance for People’s Movement (NAPM), said if the MoEF decision sets a legal precedent for the state government to act against other buildings, they welcome the decision. Otherwise, Adarsh society members can claim they are being targeted . He claimed Lavasa violated CRZ norms and the decision needs to be applied to all buildings constructed without proper environmental clearance.

‘‘ Section 5 of the Environmental Protection Act clearly states that structures without CRZ clearance can be demolished and Adarsh falls under this category ,’’ Singh said.
Criminal complaints were filed against state bureaucrats Subash Lala and Ramanand Tiwari for their roles in clearing the Adarsh files, Singh said.

Legal experts said the MoEF was on a good wicket and had a strong case as there had been a violation under the Environment Protection Act. Lawyer Aspi Chinoy said if MoEF’s findings were true and Adarsh had violated CRZ norms, the building can be demolished . ‘‘ The state can go ahead with the demolition under the due process of law as the HC had not given any stay on the demolition,’’ he said.

According to lawyer Mahesh Jethmalani, ‘‘ The court case notwithstanding, the MoEF can ask for demolition if they find there have been CRZ violations. The petitioners may have to amend the petition and plead for a stay.’’