“When national interest is pitted against private interest, naturally, national interest must be protected as against private interest,” observed the Bombay high court in its recent judgment, holding Adarsh Cooperative Housing Society as illegal and directing it to be demolished. The detailed order was passed in two petitions — one filed by the Union of India through the Indian Army challenging construction of Adarsh and the other filed by the society challenging the ministry of environment and forests (MoEF) to demolish the illegal high-rise.
A division bench of Justice Ranjit More and Justice Rajesh Ketkar observed that initially, society members had tried to get permission for construction of the high-rise as shelter for those who had dedicated their lives to the services of the motherland. A letter written in 2000 by the society to the then chief minister had said that allotment of government land would be a kind gesture towards serving and retired officers of the Defence Services, more particularly to Indian heroes who bravely and successfully participated in the Kargil operations. Senior Counsel, Darius Khambata, however said that of the 103 members of the society, only 34 were from defence and not a single Kargil hero was a member.
The case was that the assessment made by petitioner that Adarsh Building posed a security threat, was malafide. It also contended that there was inaction on the part of defence authorities against other constructions which allegedly posed security concerns for Colaba Military Station (CMS). From 2003 to 2011, the only objection raised by the petitioner was with regard to the personnel who would become members of the society. The society too said that the petitioner’s demand was arbitrary. The lawyer for the society also pointed out two other high-rises in Colaba, and claimed that the petitioner was not taking any objection to their existence.
At this point, the bench observed that both buildings were 12-storey high-rises and earlier, they had been occupied by military personnel but today, they were occupied by civilians. “The fact that the nature of threat to the nation’s security has undergone a vast change over the last decade, with terrorism emerging as a source of major and unconventional danger need not be over emphasised,” said the bench.
It further said that the assessment of such threats was heightened and precautionary measures taken against them were expanded. In 2007, there were blasts in local trains in Mumbai. On November 26, 2008, a terror attack occurred in Mumbai. “Times have changed. People have changed. Technology has advanced. New techniques are employed. Increase in terrorism is an accepted international phenomenon,” the bench observed. It said that the photographs produced on record substantiated the perception expressed by the petitioner. “With regard to the location of Adarsh building, we are satisfied that the building constructed by the respondent no 4 (Adarsh) poses a security threat to the defence establishment,” stated the bench.
The High Court on April 29 had held that Adarsh Building was illegal and had directed it to be demolished forthwith. The court however, had stayed its own order for 12 weeks so that the society could challenge it in the Supreme Court.
