Adarsh scam: HC asks Society to hand over building to defence

MUMBAI: Advising the members of the scam-tainted Adarsh society to realise their mistake and surrender the controversial building to the Ministry of Defence, the Bombay High Court today said "the security of the nation is of utmost importance".

"There is nothing wrong in accepting your (society's) mistake and surrendering before the law. You may have committed the mistake then but there can be a change of heart. You are not murderers or terrorists or hardened criminals. Give the building back to Defence Ministry," a division bench of Justices P B Majmudar and R D Dhanuka said.

Observing that the security of the nation comes first, Justice Majmudar said, "We have to learn from terrorist attacks. Terrorists have already come till Taj Hotel. Tomorrow they may attack sensitive defence establishments. It is a serious matter and should not be taken lightly."

Citing the example of Mahatma Gandhi, who did not hanker after money and physical possessions, the court said politicians and bureaucrats of today should realise their mistake and emulate the father of the nation. "In the future, people would remember these politicians and say they had the courage to accept their mistake," the court said.

The court also questioned the clearance given to the society by the Brihanmumbai Municipal corporation (BMC) and planning authority MMRDA. "Why did you (BMC and MMRDA) not insist on NOC from the Defence Ministry? The land is very close to defence installations. Before granting clearance the authorities should have considered the security aspect," the bench said.

The court directed both BMC and MMRDA to explain during the next hearing whether they had considered security aspect before granting clearance to Adarsh society. "Explain whether NOC from defence ministry was obtained. The defence ministry shall also point out if NOC was given then by which department and whether that department had the authority to grant permission," it said.

The 31-storey plush building in upscale Colaba in south Mumbai is being seen as a threat to nearby defence installations as it offers unhindered view of the premises.

The matter will again be heard on April 30.