HC refuses Adarsh relief, cites def values

MUMBAI: It was a dark Diwali and now it’s an unlit Christmas for Adarsh residents. The Bombay High Court on Thursday granted no short-term relief to those who were residing there and had left the 31-storeyed building after their water and power supply was disconnected seven weeks ago. A bench of Justice B H Marlapalle and Justice U D Salvi observed that serious issues had arisen for consideration and gave the state three weeks to file its reply to a petition filed by the society challenging the sudden revocation of the occupancy certificate (OC), water and power supply.

Refusing to restore electricity or water connection to the building , which the defence ministry stressed was a security threat, Justice Marlapalle said, ‘‘ We would have done so in normal circumstances but it is clear that the person (who had moved court independently ) was preparing to shift when the utilities were shut off.’’

The HC order said, ‘‘ Adarsh Society members are defence personnel and the defence forces are known for their high standard of discipline and impeccable character and integrity and above all an ever preparedness for supreme sacrifice for the nation. Hence it is necessary that they come clean when they invoke the extraordinary power of the HC for seeking relief.’’

BEST counsel Sudhir Talsania said no one was occupying the flats when electricity meters were being installed up to October 18. But the society said 45 owners had occupied the building earlier. The HC sent a court officer to verify how many were in actual possession now. Practically no one resides in the building now.

The HC directed MoEF to give a hearing on December 29 to Adarsh on its November 12 show-cause notice and pass its final orders by January 21. The court adjourned the matter for further hearing to January 25. It said that land initially proposed solely for housing defence personnel — serving and retired — and later the Kargil heroes had only two heroes as its members and 40-odd defence members. ‘‘ The rest of the 103 members are either serving or retired senior IAS officers or their family members and MPs, MLAs, MLCs and other political leaders. Membership criteria are not fulfilled; in some cases students are also members,’’ said the HC.

Patil: No go-slow order in missing files probe

More than a month after it came to light that crucial papers relating to the Adarsh housing scam have gone missing, the Mumbai Crime Branch which is investigating the case has not made much headway. According to home minister R R Patil, the delay in the progress of the case has nothing to do with lack of leads or any political pressure. TNN