Regularising Adarsh will set bad precedent: MoEF

Arguing for the ministry,Khambata told the court that the society had not even sought regularisation. “No application for regularisation has been made or will be made. These are not bonafide mistakes.” Khambata said Adarsh cannot be compared with Lavasa as there are building violations involved. “These are bureaucrats who know every government circular. Can they be excused?” he asked.

Khambata added that the Maharashtra Coastal Zone Management Authority’s (MCZMA) permission was essential for the construction of the tower. “The MCZMA is the most substantive body in a CRZ. All clearances are meaningless if there is no clearance from the MCZMA,” Khambata argued. At the time when the necessary clearances were being sought by the society,the MCZMA’s nod was mandatory,he said. In January 2002,the authority issued a notification stating it will examine all building proposals before sending them to the Centre.

Alleging that the society had usurped the FSI of the adjoining plot earmarked for BEST,Khambata said,“They (Adarsh) are saying they have the FSI of the adjoining plot. The FSI available to Adarsh Society is 1.33 and not a square inch more.” He said unless the two plots were amalgamated,the FSI for one plot could not have been used for the other.

“The FSI cap for Greater Mumbai is 1.33 and the MMRDA has to make an exception for granting anything more than that,” Khambata said,adding that the society should have submitted an application to the MMRDA if it wanted additional FSI. The court will continue to hear the ministry’s arguments on Tuesday.