Top Banner
ADARSH COOPERATIVE HOUSING SOCIETY: Dossier Containing Final Order and Other Relevant Documents 16 th January 2011 Annexures to Report
215

ADARSH COOPERATIVE HOUSING SOCIETY:

Feb 14, 2017

Download

Documents

phunganh
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: ADARSH COOPERATIVE HOUSING SOCIETY:

ADARSH COOPERATIVE HOUSING SOCIETY:

Dossier Containing Final Order and Other Relevant Documents

16th January 2011

• Annexures to Report

Page 2: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 3: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 4: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 5: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 6: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 7: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 8: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 9: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 10: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 11: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 12: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 13: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 14: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 15: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 16: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 17: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 18: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 19: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 20: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 21: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 22: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 23: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 24: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 25: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 26: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 27: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 28: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 29: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 30: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 31: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 32: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 33: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 34: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 35: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 36: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 37: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 38: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 39: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 40: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 41: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 42: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 43: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 44: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 45: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 46: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 47: ADARSH COOPERATIVE HOUSING SOCIETY:

/*i5

A-!e/o a%n'Ag.M

aM4hoaek

ilq, 8r/ &lo*, Vty-y ffiade, @": &*a %r,rt%n*J, 0l/4nt, at{,/*,,/t.i - 400 0/8, pf-ta.

{rl. , +9/-22-2492 4477 / ELLS 4488 6 &*. +9/-2fl-24g4 8670 uff-roa,l, @yla+.cn.br

To,

Mr. Bharat Bhushan

The Director,

Ministry of Environment & Forests

Paryavaran Bhavan,

CGO Complex, Lodhi Road,

New Delhi 110 003

Sir,

Ref: t

ii)

iii)

iv)

v)

' l f rr rJ ')/ i " ' " 1 ' 1 " - ' ' - n

(rr'T L -1,.)t" -,-/ \t!-

_.nn- . \\ j

, " : } \ \s( / t \ ./ r * - {/ \ \y ' { \ \/ i)

Your show cause notice No.19-94/ 2010-IA-III dated 12ft November.2010

received by us on 15ft November,2AlA.

My response on behalf of ADARSH Co-operative Housing Limited dated

24ft November, 201,0.

My letter dated 29th November, 2010 requesting for inspection of letters/

Documents/meefings referred to in your show cause notice dated

12d'November, 201,0.

Letter bearing ref. No.19-94/2010-IA-III dated 29rt November,20L0

granting extension of time (received by me on 6ft December ,2010).My response dated 6ft December,2}lA interalia requesting for time, inspection

and seven days clear notice of any hearing.

Page 48: ADARSH COOPERATIVE HOUSING SOCIETY:

cqP.,ffi)Z"M Vr'rrt a%,*tdh"r""n

1) I am concerned for my client, ADARSH Co-operative Housing Society Ltd., situate at CTS

No.652, Block-6, Colaba Division, Capt.Prakash Pathe Marg, Colaba, Mumbai 400 005.

2) My client has instructed me to forward its response/reply to your Show Cause Notice

bearing No. 19-94 /201A-IA-III dated 12u' November, 2010. The said response is enclosed

herewith in the form of detailed submissions.

3) I, on behalf of my client request you to consider the aforesaid submissions and not take

the action contemplated by your show cause notice dated 12ft November, 2010.

4) In the event of your not being satisfied with the submissions of my client, as earlier

intimated to you, my ciient desires to have a right of hearing before the Ministry of

Environment and Forests. {

5) Further to inform you that this reply will be filed in the Hon'ble Bombay High Court in

Writ Petition No. 2407 /2010 filed by my client, for Hon'ble Court's assistance.

Maneshinde

Advocate

Encl: As above

Thanking you,

Page 49: ADARSH COOPERATIVE HOUSING SOCIETY:

ec""ffi 9. o/t"-*l;**

CC: MAHARASHTRA COASTAL ZONE MANAGEMENT AUTHORITY

(Through Member Secretary, (MCZMA)

New Administrative Building, 15th Floor,

Environment Department, Manfralaya,

Mumbai - 400032

Vr'rrt Q%"tt

Page 50: ADARSH COOPERATIVE HOUSING SOCIETY:

O

AD - q,St{ CO-OffiEA, - rr'?tr ffOuS mrg s oc IEW LCI(D

Re g n. trto tut U *t /WA ft tS g /tC / t q a U z 0 0 4 / 2 0 0 s /,{f"AK 0 4

CTS gl-o. 652, cB[oc{'/l, Co[a6a rDivisian, Captain cPra{asfi 7etfre foLarg

fldjacent to Bacfr6a1(Bus (Depot, Co[a6a, *lum6ai - 400 005

te fefaa 0 2 2 - 2 2 1 6 6 3 3 7, lE -m ai t a fars fi s o cic t! @ re 4Lf frn ai [. c o m

REPLY OF ApARSH CO-OPERATTVE HOUSTNG SOCTETY LTp. (ApARSH).

TO SHOW CAUSE NOTICE BEARING NO. 19-94I2010-IA-III DATED 12rH

NOVEMBER, 2010, FSUED BY THE GOVERNMENT OF INDIA. MINISTRY OF

ENVIRONMENT AND FORESTS.

ADARSH craves leave to respond to the Show Cause Notice dated L2th November,

20L0 bearing No. 19-94/2010-IA-III (hereinafter referred to as the "Show Cause

Notice" or "SCN" for short) as under:

At the outset ADARSH submits that, after receipt of the show cause notice,

ADRASH had sought inspection of the documents on 29ft November 2010. The said

letter has not been responded to nor any time has been fixed for inspection of the

documents. The preliminary reply as well as this reply is without prejudice to

ADARSH's submission that, failure to give inspection is contrary to the principles of

natural justice and vitiates the entire ""4;it.

ft

fir> fl

Page 51: ADARSH COOPERATIVE HOUSING SOCIETY:

o

A) FACTS:

1. The Maharashtra Land Revenue Code 1966, particularly Section 40 read with

section 20 and 38 thereof empowers the State Government to dispose of grant

andf or lease any land or properfy belonging to the Government on such terms

and conditions as it deems fit. In exercise of the said power, the Government of

Maharashtra (hereinafter referred to as the GOM) framed a policy for such

disposalllease of land to a Cooperative Society, which is in force for last more

than 20 years. The said policy was modified on 9ft ]uly, 1999 and duly notified in

the name of the Governor of Maharashtra by the Revenue and Forests

Department, GOM. Annexed hereto and marked as Annexure-I is a copy of the

said policy as modified on 9ttt JuLy, 1999 by Government Resolution

No.LCSL095/Sr.No.37 /95/51., case No.37 /9551, dated 9ft July, 1999 (hereinafter

referred to as the 99 G.R.).

2. ADARSH which iE a "housing society" within the section oI 2(1,6) of the

Maharashtra Co-operative Societies Act, 1960 applied lastly by its application

dated 2'd June, 2000 to the GOM for allotment of land for the purpose of

construction of a residential building for the benefit of its members, being

eligible under the 99 G.R.

3. By Letter of Intent bearing No.LBR-25-2000/ case No.912/Gl dated 18ft January,

2003; GOM expressed its desire to allot the plot of land admeasuring3758.22 sq.

meters at Backbay Reclamatioru Block No.VI, Plot No.87 to ADARSH (ADARSH

land) for a consideration of Rs. 12 crores approximately. Annexed hereto and

marked as Annexure'Il is a copy of the said Letter of Intent.

Yfr.,

Page 52: ADARSH COOPERATIVE HOUSING SOCIETY:

o

4.

5.

Gr)

The MOEF in exercise of its power purportedly conferred by clause (D) of sub-

rule 3 of rule 5 of the Environmental (Protection) Rules 1986 imposed

restrictions/prohibitions and has duly notified the same under section 3(1) an4

Section 3(Z) (v) of the Environmental Protection Act,1986. The MOEF has also

framed Coastal Area Classification and Development Regulations which form a

part of such Notification. Annexed hereto and marked as Annexure-Ill, IV and

V are the copies of notification dated L9ft February,1991,9ft ]uly, 199T and 22^a

April, 2003 issued by the Minisfry of Environment and Forests (MOEF),

(hereinafter referred to as the 199-1, nottfication, the1997 notification and the 2003

notification respectively).

The 1991 notification classifies activities capable of being carried out in the

Coastal Regulation Zone into two categories (1) Prohibited activities and (ii)

Permissible activities. A1l activities which are not expressly listed as prohibited

activities are to be taken as permissible activities within the meaning of the

notification. Construction of residential building irrespective of the FSI

consumed and the height thereof is a permissible activity within the meaning of

Clause 3 of the 1991 notification.

6. If construction of residential building were to be freated as an " actlity" for the

purPose of 1991notificatiory the construction of the building of ADARSH wouid

fall in para 3(2)(iv) which reads as under:-

"3. Regulation of Permissible Actioities:

All other actiuities except those prohibited in para lI aboae wilt be regulateil as

under;

e

Page 53: ADARSH COOPERATIVE HOUSING SOCIETY:

, r : n )f t::"' | /

o

Q) The folloraing actiuities znill require enuironmental clearance from the

Ministry of Enaironment and Forests, Gaaernment of Inilia, namely:-

izt) 'all other activities utith inaestment exceeding Rs.S crores."

Thus as per the 1991 notification such activity would require environmental

clearance from the Ministry of Environment and Forests, Government of India.

7. By the 1997 notrtication, the MOEF modified/amended the L991 notification.

Paras 3(iv) of the 1997 notification reads as under:

3. All other actiuities except those prohibited in para II aboae utill be regulated

as under:-

@ The following actiuities rnill require environmental clearance from the

Ministry of Enaironment €t Forests, Government of lndia, namely:- __:,ia) "aII other activities with inaestment exceeding Rs.fiae crores except those

llactitsities which are to be regulated by the concerned authorities at State&lnion

{ __*tereitory leael in accordance with the proztisions of paragraph 6, sub paragraph

i, !

Q) of Annucure I of the notification. *.':,"'n

8. Thus, the 1997 notification deviated fundamentally in respect of Environmental

Clearances for activities with investment exceeding Rs.5 crores. The 1997

notification provided for a clearance by the State Authorify (in the State) for

activities covered by paragraph 3(2) (iv) of the 1997 notification. Thus, assuming

that construction of residential building would be an "activity" within the

meaning of paragraph 3(2)(iv) of the 1991, and the 1997 Notification, the same

by virtue of 1997 notification would not require clearance from MOEF.

' r ( ) '

Page 54: ADARSH COOPERATIVE HOUSING SOCIETY:

o

9. The Ministry of Environment and Forests, (hereinafter referred to as MOEF)

approved with certain modification the Maharashtra State Coastal Zone

Management Plan (herein#ter referred to as the CZM) on 27f. September,1996.

Thereafter, it approved the revised CZM on 19ft January, 2000. As per this

approved plan the plot of ADARSH falls in the category II (CRZ-II). This is an

accepted and undisputed fact so far as the Planning Authorities and the

authorities under the Environment (Protection) Act 1986 are concerned.

B) TEGAL SUBMISSIONS ON ENVIRONMENTAL CLEARANCE:

The term activities appearing in paragraph 3(2)(iv) of the 1991 Notif icatron,IggT

Notification and the 2003 Notification will have to be read in the context of

Section 3 and 5 of Chapter II and Sections 7 to 'J-.4 of Chapter III and the

Environmental Protection Act and rules. The activities contemplated by the

1991 Notificatiory 1997 Notification and 2003 Notification are thus activities

relating to "industries" viz. manufacfuring activities which through its operation

and processes are likely to emit pollutants and which use hazardous substances.

Construction of a residential building can by no stretch of imagination be

equated with such industries and is therefore, outside the purview of the said

Notifications. The 1991 Notification,lggT Notification and the 2004 Notification

therefore do not apply to the construction of the Building of ADARSH. This

being so, ADARSH did not require permission or clearance of MOEF or any

other statutory authority in the first place.

10. In 1998, in exercise of powers conferred by sub-sections (1) and (3) of Section 3 of

the Environmental (Protection) Act 1986, the Central Government constituted the

Maharashtra Coastal Zone Management Authority (MCZMA ) by an order to

carry out the functions as more particularly set out in its order bearing

v{).

Page 55: ADARSH COOPERATIVE HOUSING SOCIETY:

o

No.SO1003(E) dated 26{'November, 1998. One of such functions being to enquire

into cases of alleged violation of the provisions of Environmental Protection Act

and the Rules made there under or under any other laws for the time being in

force which would be relatable to the objects of the Environmental Protection

Act and if found necessary in a specific case, to issue direction/s under section 5

of the Environmental Protection Act in so far as such directions were not

inconsistent with any direction issued in that specific case by National Coastal

Zone Management Authority (NCZMA) or by the Cenfral Government. The

said order was subsequently modified by another order dated 4th January,2002,

where (II), (IIa) was modified. The reievant portion of the order read as under:-

lL The Authority shall have the power to take the follozaing measures forprotecting and improoing the quality of the coastal enaironment and

preaenting, abating and controlling enoironmental pollution in the caastal

areas of the State of Maharashtra, namely;-

(ii) (a) Inquiry into cases of alleged ztiolations of the provisions of the saiil Act

or the rules made thereunder, or under anu other laut uthich is related to the

obiects of the saiil Act anil, if found necessary in a specific cnse, issuing

directions under section 6 of the saiil act, insofar as such directions are not

inconsistent with any direction issued in that specific case by the National

coastal zone Management Authority or by the central Goaernment.

Annexed hereto and marked as Annexure -VI and VII are the copies of the

orders dated 26ft November, 1998 and 4ft ]anuary,20A2 passed by the MOEF in

exercise of its power under section 3(3) of the Environmental Protection Act 1986.

The MCZMA by virtue of the said orders did not have any power to grant

6

Page 56: ADARSH COOPERATIVE HOUSING SOCIETY:

o€+

clearance (if required) under the 1991

notification.

notification or the 1997 notlfication or 2003.-*"rr

{;

L1. At the relevant point of time i.e. in 2000 when ADARSH made an application for

allotment of land to GOM, the procedure relating to clearance of activities for the

purpose of the Environmental Protection Act was governed by the 1gg7

notification. The said notification provided for a clearance by the State

Authorify. In any event MOEF in its SCN also admits that the powers to accord

clearance to activities involving investments of more than Rs.S crores were

delegated to the "State Authorities". The same is also admitted in the minutes of

the meeting of NCZMA and extract of which has been supplied along with show

cause notice as also the Press Note released by the MOEF on 28ft October, 2010.

Thus, clearance accorded by the Urban Department of GOM.vide its ietter dated

LSft Marcb 2003 and thereafter by the MMRDA whilst issuing conunencement

certificates from time to time and subsequent Occupation Certificate dated 1"6th

September 2010 cannot be faulted with especially on the ground that the

construction of the residential building of ADARSH did not have a clearance

under the Environmental Protection Act as contemplated by the 19gT

notification. At the relevant point of time i.e. on 15ft March 2003MCZMA merely

had a advisory / reconunendatory role. The stand of the MOEF, MCZMA and the

NCZMA that ADARSH ought to have obtained a clearance from MCZMA before

commencing construction is therefore, misplaced and bad in law. The contention

that the structures violate the provisions of Environmental Protection act and the

Coastai Zone Notifications is also therefore, misplaced. ADARSH had obtained

the necessary clearance from the State Government, U.D. department on 15tr

March, 2003. The said clearance satisfies the requirements of para 3(2)(iv) of the

1997 nottfication and therefore, no fault under the Environmental Protection Act.

l 1

Y{L

Page 57: ADARSH COOPERATIVE HOUSING SOCIETY:

€)

I

or the rules framed there under it or the orders passed thereunder can be found

visa a vis, the structure of ADARSH. It may be submitted that urban

development department GOM has issued many such CRZ clearances in

between 1997 to April2003 and the same are acted upon. The said in-formation is

available with the State Government of Maharashtra.

12. Without prejudice to the contention of ADARSH that clearance from MOEF

isfwas not required, it is submitted that in any event the "clearance"

contemplated by the 1991 Notification, the 1997 Notification and the 2003 dNotification does not in any manner suggest or mandate a clearance prior to $

#, ,,construction or occupation. The same is opposed to a "prior clearance" in the

case of Environment Impact Assessment as contemplated in the EIA Notification

dated 14m September 20A6.

1,3. Importantly, MCZMA instituted an enquiry in conformity with its functions

under para II(ii) (a) of the Order dated 26ft November, 1998 and issued direction

vide its letter dated 3'd November 2009 under section 5 of the Environmental

Protection Act. Copy of the said directions are enclosed herewith and marked as

Annexure-Vl[. The Society has given its detailed response with supporting

documents vide its letter dated L7*' December 2009 pursuant to the said

directions and the said enquiry is pending before the MCZMA for consideration.

MCZMA has not decided the issue for a period of more than one year. Annexed

hereto and marked Annexure-"1X" is a copy of the said reply given by

ADARSH.

'l'4.1t is submitted that the MOEF through MCZMA constituted pursuant to the

Powers vested in MOEF by section 5 sub section 3 of the Environmental

Page 58: ADARSH COOPERATIVE HOUSING SOCIETY:

o

Protection Act has already initiated enquiry and has passed direction under

section 5 of the said Act. The said enquiry is deemed to be an enquiry conducted

by MOEF and separate proceeding directing by MOEF in respect of the same

violation alleged is not permissible in law and amounts to the same authority

deciding the issue in two different sets of proceeding simultaneously.

L5. Apart from the alleged violation of FSI, which is being separately dealt with in

these submissions the MOEF has not pointed out any violation by ADARSH

either of the 1991 Notification or the Environmental Protection Act or the rules

framed thereunder. In this view of the matter, the action

contemplated/proposed is not only harsh but is against the principle of fair play

and equity which is expected from MOEF which is"State" within the meaning of

Article 12 of the Constitution.

C) ALLEGED F.S.r VIOLATION:

16. ADARSH land falls in the category II, (CRZ ID as per the Coastal Area

Classification and Development Regulations for reasons as set out hereinabove.

17.It is submitted that as per the 1991 Notification and Section 3(1) and 3 (2)(v) of

the Environment Protection Act 1986 and Rule 5(3Xd) of the Environment

(Protection) Rules, the conslruction of building in CRZ II would be subject to the

existing local and town planning regulations. The word "existing" has been

interpreted by the Hon'ble Supreme Court in fsuresh Estate Priztate Limited I

Anr os. MCGM I Ors [QA0I74SCC439] holding that, existing local and town

pianning regulations on the dated of 199'1, Notification would be DCR 1967.

Hence, the buildings have to be constructed as per Development Control Rules

Yfl2

Page 59: ADARSH COOPERATIVE HOUSING SOCIETY:

o

1967 which are existing town planning regulations governin g and/ or regulating

the construction of the buildings in CRZ II area.

LS.Under the D.C.R.1967, ADARSH land falls within the FSI zone R-9 in theBackbay Reclamation scheme, Block VI. As per the said Development Control

Rules, FSI in Zone R-9 in the area falling in the Backbay Reclamation Scheme,

Block 4 is 3.5. Annexed hereto and marked as Annexure-,,X,, is a copy of the

relevant extract of the DCR 1967. The presumption of MCZMA (relating to F.S.I.

of 1'.33%\ which is evident from the decisions of MCZMA set out in paragraph 11

of the SCN are therefore un-founded and misplaced to say the least.

19. Even assuming that ADARSH is entitled to a FSI of 1.33 only it has consumed

FSI of 1.32, thte same is evident from the building plan approved on 4ft August,

2010 and 16m September, 2010. It is submitted that the Planning Authorify i.e.

MMRDA certification on the issue of consumption of FSI has to be treated as

final and neither the MOEF nor MCZMA nor NCZMA has expertise or the

power to decide the said issue.

20. It is pertinent to point out that the MCZMA, in its meeting held on 3d November

2010 seems confused over the appticability of D.C.R. On the one hand it

presumes the applicability of D.C.R of 1967 while on the other it seeks to refuse

3.5 F.S.I as per the said D.C.R. It is submitted that even if it were to be assumed

(without admitting) that ADARSH has consumed F.S.I of 1..77, the same being

less than the permitted 3.5, the violation can be challenged. On the other hand, ifit is to be assumed (without admitting) that F.S.I of L.33 was permissible then onewould have to presume applicability of D.C.& 1991 which exempts lift, lobbyand staircase areas from the purview of F.s.I carcuration.

, r . or l i r' r. \ t""""i ' , " r {J\ v''; \r 1

II

I

:

ydl, 10

Page 60: ADARSH COOPERATIVE HOUSING SOCIETY:

o

D) ALLEGED REOUIRMENT OF AMALGAMATION:

21.It may be mentioned here that the land which originally belonged to the GOM

was allotted to the Society. The remaining land admeasuring 2669.68 sq.mteres

on the same plot was also owned by the State Government. The State

Government allowed the FSI of the remaining vacant land, for a consideration

Rs. 6.L4 crores with a specific condition that the said remairi.g land will be

allowed to be used by BEST free of cost and the said land will be kept free from

any construction. As the of land belonged to the State Government a portion of

which was allotted to the Society, the question of "amalgamation" does not arise.

There is thus no "kansfer of FSI" as mentioned in the show cause notice. The

society has consumed "captive" FSI of the vacant portion of the larger piece of

the land under same ownership i.e of the GoM. The same was done by

constructing the building on one portion and keeping the other portion of the

land permanently open. Without prejudice to the above and without in any

manner admitting that the lands are on separate plots, it is submitted that, even

with demarcation ADARSH land is in any case contiguous to the land, from

which the FSI is utilized and both are admittedly owned by the GOM. In these

circumstances also there is no requirement for amalgamation.

E) ADARSH deals with the S.C.N parasraph wise as under:

22.with reference to paragraph Nos. 1 and 2, the same is matter of record.

23. With reference to paragraph Nos. 3 to 5, Notificationlggt was duly amended on

9ft July, 1997 vide an amendment S.O No.494(E) wherein it was mentioned that

11

Page 61: ADARSH COOPERATIVE HOUSING SOCIETY:

o

the activities regulated by concerned State/Union Territories under clause 6(2) ot

the Notification did not require NOC/clearance/permission from MOEF

(Government of India). Subsequently, the said notification was amended on 22.d

April, 2003 vide an amendment S.O.No.460 (E). It can be seen from the orders

which are annexed herein above constituting MCZMA & NCZMA that the said

authorities at no point of time had power to grant

NOCs/Clearances/permissions. Thus in view of clarifications and amendments

as mentioned hereinabove in various notifications and orders the powers of

granting NOCs/Clearances/permissions in CRZ area for

deveiopment/construction at the relevant time were with the State Authority

and the concerned State Authority has granted no objection for the construction

of ADARSH Building vide its letter dated L5ft March,200g.

24.With reference to paragraph No.6, MCZMA instituted an enquiry vide its letter

dated 3'd November, 2009, in conJormity with its functions under order dated

261e November, 1998 and also issued directions under section 5 of the

Environmental Protection Act. The society has given its detailed reply vide its

letter dated 176 December, 2009 along with the supporting documents to

substantiate its case and the said enquiry is pending before MCZMA for

consideration for a period of more than one year. It is submitted that the action

under section 5 is a draconian power given to the authorities under the

Environment Protection Act which is already been exercised by MCZMA which

is an arm of MOEF at the State level. It is further submitted that in light of the

action taken by MCZMA under Section 5 of the Environment Protection Act

which is pending consideratiory the show cause notice ought not to have been

issued by MOEF.

.".. 't ''"'-"

T2

Page 62: ADARSH COOPERATIVE HOUSING SOCIETY:

a

25. With reference to paragraph No.7, ADARSH denies any violation of CRZ

notification as contemplated in the newspapers and news items and also in the

electronic media as the same is without any sustentative evidence and a legal

base and cannot be relied upon by an authority at the central level constituted

under the Environment Protection Act and expected to perform its functions

within the four corners of wall.

26. With reference to paragraph Nos.8 and 9, ADARSH is not aware of any request

made by MOEF vide its letter dated 26ft October,2010 addressed to Secretary

Environment, Government of Maharashtra and Chairperson, MCZMA for

examination of the facts of the ADARSH Project and the clearance obtained.

ADARSH is also not aware of any interim reply dated 27ft October,2010 issued

by Secretary, Environment, Government of Maharashtra, addressed to MOEF,

stating that prima facie no clearanceltas been granted under Coastal Regulation

Zone Notification by Department of Environment/MczMA to the ADARSH

Project. It is worthwhile to mention that ADARSH has requested an inspection

of letters dated 26ft October,2010 and276 October,2010 vide its letter dated 29m

November,2010 duly received and acknowledged by MOEF, however, the same

is not been replied nor any inspection as requested has been given to ADARSH.

27.With reference to paragraph Nos.10 to 13, it is submitted that 1991 Notification

classifies activities capable of being carried out in CRZ areas as (1) Prohibited

activities and (2) Permissible activities. The construction of residential building

falls under a permissible activity (assuming it is "activify" within the meaning of

the said notification) within the meaning of clause 3 of the 1991 Notification.

Under 1991 Notification such activity would require an environmental clearance

from MOEF (GOD. Thereafter, 199'1. Notification was subsequently amended in

/,,,1..r , * l -l f

1".

l $|

.{fr 13

Page 63: ADARSH COOPERATIVE HOUSING SOCIETY:

1997 Notification thereby the clearances were to be given by the State Authorities

for the activities covered by paragraph 3(2)(iv) of the 1997 Notification. At the

relevant point of time i.e in the year 2000 when ADARSH made an application

for allotment of land, the power to grant clearances were with the State authority

and the same is being admitted by MOEF in its SCN datedl2th November,2010

and subsequently, in press note release by it on 28ft October, 2010. Thus,

clearances accorded by Urban Development Department vide its letter dated 15ft

Marctu 2003 to ADARSH and thereafter MMRDA (a Special Planning Authority

duly constituted under the provisions of Maharashtra Regional Town Planning

Act 1966) whilst issuing conunencement certificates from fime to time and

occupation certificate dated 16ft September, 2010 cannot be faulted on the

ground that ADARSH did not have clearance under the Environment Projection

Act as contemplated by 1997 Notification. It is further submitted that under

Development Control Rules 1967, ADARSH land falls within FSI zone R-9 in

Backbay Reclamation scheme, and as per the said DCR, FSI in zone R-9 is 3.5.

Therefore, there is no violation of the FSI norms as contemplated in the

Notifications issued under the Environment Protection Act. Further it is

submitted that the question of amalgamation of alleged BEST plot does not arise

for the reasons more particularly set out hereinabove. Hence, it can be

concluded that there is no violation of any Notification issued under the

Environment Protection Act, FSI norms mentioned therein and amalgamation of

the BEST land as alleged in the said SCN.

28. ADARSH Building has been constructed by complying with all the procedures,

formalities prescribed under the statutes which are applicable for a construction

of the residential building and the same has been granted occupation certificate

by MMRDA on 16ft September, 2010 which is ia a herculean task.

Page 64: ADARSH COOPERATIVE HOUSING SOCIETY:

t

29. With reference to paragraph No.L4, the SCN dated 12ft November, 2010 is ipso

facto bad in law, without any jurisdiction and is issued without application of

mind. The action taken by MOEF is completely arbitrary and capricious and is

based upon certain wrong/incorrect information and also based upon

newspaper reports about alleged irregularities in the construction of the Society's

building.

30. With reference to paras (I) and (II) of the extracts of minutes of the meeting

annexed to SCN, ADARSH is not aware of the same.

31. With reference to paras (III) and (IV) of the extracts of minutes of the meeting

armexed to SCN, ADARSH denies the contents thereof in toto unless specifically

admitted herein. Further the allegations made therein is dealt in detail in

paragraphs hereinabove and to avoid repetition the same are not reproduced

here.

32. With reference to paras (V) to (VI) of the extracts of minutes of the meeting

annexed to SCN, ADARSH denies the contents thereof in toto unless specifically

admitted herein. It is submitted that, 1991 Notification was duly amended in the

year 1997, wherein the powers granting NOC/clearances/permissions was

delegated to the State Authority. Further its can be seen from the order passed by

MOEF constituting MCZMA and NCZMA, that the said authorities at no point

of time had power to grant NOCs/Clearances/permissions. Thus in view of

clarifications and amendments as mentioned hereinabove in various notifications

and orders the powers of granting NOCs/Clearances/permissions in CRZ area

for development/construction at the relevant time were with the State Authority

fi 15

Page 65: ADARSH COOPERATIVE HOUSING SOCIETY:

o

and the concerned State Authority has granted no objection for the construction

of ADARSH Building vide its letter dated 15th March, 2003. Further, the

construction of the building is as per the existing town planning regulations i.e

DCR 1967 and there is no violation of FSI norms contemplated therein.

33. With reference to para (VII) of the extracts of minutes of the meeting annexed to

SCN, ADARSH denies the contents thereof in toto unless specifically admitted

herein. The construction of the ADARSH building is as per the town planning

regulations existing at the relevant point of time is in compliance with all the

procedures andf or formalities required for the consfruction of a building and the

allegation of violations of CRZ Notifications, FSI norms and so on and so forth

are without any legal substantive backing and are based on wrong/incorrect

information based upon conjectures and surmises about alleged irregularity in

the construction the ADARSH building. In view of whatever stated hereinabove

the conclusion drawn by the NCZMA are arbitrary and capricious and are net

based on certain wrong/ incorrect inJormation.

34. This reply is in addition to the interim reply given by ADARSH through its

lawyer, Mr. Satish Maneshinde on 24ft November, 2010. ADARSH also submits

that the submissions made herein are without prejudice to one another and are to

be treated in alternate to one another in case of conflict / cortradiction. ADARSH

further submits that this reply is without prejudice to its right to challenge the

jurisdiction of MOEF or MCZMA or NCZMA to issue andf ot to give any S.C.N

or to issue directions of the nature set out in the S.C.N and also the right to

challenge the authority to issue the Notifications under the Environment

Protection Act, 1986 making them applicable to the construction activiry.

ADARSH reserves its right to file additional documents and/or additional

ro'

Page 66: ADARSH COOPERATIVE HOUSING SOCIETY:

o

submissions upon receipt of the copies of documents referred to in the S.C.N

andf or inspection thereof.

35. ADARSH once again renews its request for hearing in person and through its

authorized legal representative/counsel in the unlikely event of MOEF not

accepting the contention of ADARSH in these submissions.

Thanking you,

Yours faithfully,

For Adarsh C.o-Operative Housing Society Ltd.

)'\-b^.,a-nrig @ffit$mlCrta4nhe.)

. , Shalrmarll-reslclent

Encl: As above

Page 67: ADARSH COOPERATIVE HOUSING SOCIETY:

/'1'.:i':a*'

tl*,ia

: ' lE r t ' . , ' rt: A*uuilB-E

Trt-firfi rr€Friu'r ris{H -rnrfln@

q-6RIq ?IEFTq€r{ff q Ea Frr{rq'

TIrqFr Filtf4 rrqi6:- qffi q o qt'\'fi'?F't\elqt\&t

{Trfiq'' 1ffi:-voo 'o?1'fento, ,- q Ep qqqq^

se{K RRR/fi_x,tr€r:- { . ?Tr€:r r{s?q , qKet q q{ tr*t;qt-o'qFffiq$ qod'?/t 44?/'

-.mtH:;ff- q ?ffi tu{Fr ffi*6 m, qu'fiqs \od\lauqrfrem 83F"/{-v'

. m ffi:;#JE q{ Frqr{T F, q€FftaF Rqaa/qq'aorftsm-q4v/rf-v' ffiitn

tn.x .( ic,t l 'v. ?tRFr FTshq, qE{$ E qq fu{Fr *ti" aFsq'$ toas/fi€{R qQ4v/rt-v' frTifr

-.|Hffi: 116*@ q qq Fqrr, zn. unrfiw toqqzT.EF' 4qrn-t' ' frrqinF

. ' q.HtHi qd{s E FT fr'Hrfr, ffi** *ffi qoqq/s'F' Rrsqrq-q'' ftr*6

qe ' tR .qq t?

\9. ?rrga,qRs-ro, q-6q.€ E q{ R.r{rrT, tr.qs.sqq. q,c1Q/s1f,. q,q/q€.r{f-q,' ff{tq'

q.q, R .q qRq '

T$*q firotq ;_

".ffi "-fiq' Er.{st sTprr{qq' q::q.qr 151

Yo RslI r6ruq iilfi{ vl6w cffcnrfr

Elrqftr{dT'.DFr4T.qq\gq,u*lto.nilinslnqIFFrt,Ti€FiqfuT-,ffi"r!fl{rsliTEIFTfidBEF'gr'n?T tdia. qr ffiqt{r 5* .t ffi * g#Wrq =nrw qTM *dlaid'

r{p=a. aF;6 eilt. * *a# *a "e-

o*rr# s{rdr srtrff.q Ere'e'r €r{T Rrtr

q.urtr{RqTr E"+"'*-fi# SrA,+';*t.'-'*; til<qr qmm+a q'\-qq qqffit gr€ulqrt

RI( ErEF/gqKsn 6{rqrqr rRnq G;|ti Fxffirql3.,atr. qFrlq,fr Trrqql+ sftil sfir Frriq

+fiEr sG fr, q "{q

n+,Ciryr gTr?Ert+ e{fi[ffiqgr wtn qercrq {qril ffi6r$ l'EFrqioT {€qfqT

-" qftT t"g.r.t $nfia irtw gdvsqdl l{Ttt'q. *.6-ffi $ffi* {siqT =-tr

o1ffi -qS fifrnt qq{qi-qr Eqar* 'qg;or qlftrdF

siq€r ' u' qters rFFrqtq ssi=(H -"-- H; t*t td's -;q.Trc

eTrirT aTIt)

'qpff$n' rrr €Tffi 5cffit E{r@tr agqrfr q61 e{IE' . ^ a6\* .d'tu

=,*Fr* q* qr'rfi rirr frq @" '*4 qrrrtft frrasrft qrfirfi ffFr Er .urf, irlrar

rrdffir ;n ftrqr g,frd{r sffi16n ;tftt drtfr' dturt<rft qi-S qirf$F Eorgr fr {+n tqt

"rt,ql?f €[a@ t zrt-{ "q,ora at ffiqT rrrrqrftrnr ni;qr qEFrT{qrffia qrffi frf .

qq-sos(o{Xaooo -z -el) t

sfirrmhai Cifri &.l-and RecoicJ.

Page 68: ADARSH COOPERATIVE HOUSING SOCIETY:

o

Q, ?sr€fr s$q ++qq''r frfrTq sffir 'Trerfrs sFfit TEFHIUI f{+trcE{FFFTi-qT €RTq{ q+qr q Fqrsff0t qqFb+ sqgi.'r qc$k{ q g{rmnmqrfr

m-ffi /gErTr$fl=fr' ffi'{fr sreawqFr {lEiro.

eT.E.

srg${r€cd*r

ETr{rqifqE dqtfr;r*r$nnn

"rnmtrEnkrr$qFildt

Tqlql ,

ETRT'f,,TCT.EF*En-rrtqrrra.( q Erf+tr{errftnncftD

ffifEffiIqt

frhTfi !€nqtritrfr{ lr€il?THttrrqftqrfr .qenffiqrfisnqfitrnkr

rr[ltqg€n{

W €rdrcqFs

q, R. .? . V. \ . q.q. l o o

et,xp€ .

\ ro o o , / -q{tr

g \ sqs $FFT FITTS q

Tqril md'gqq'rrenqqvfisrftrtrdq{ FilqfrergftT UfqsznqrE{rtrqrif .

a Y \ o

+F-aS \oo t d\9\ o o/-

ff {o f f i q{TA'IFildT

?. q \oqt.Ue ,-€. Y\o1 t

( R \o o / '

q q\ ?ffi lHrFrrrrot

V . q ouq-r

€rgtll,Trft 9T

:

: ' 'Ro. EIFF trtt('rsnst

(€T) trr€r ffi ffi'qr{qfr5 *rtfr* q€ffi 6,,ffi qiffinsdq=Trfr qqrEr q E?nr*ir* ffiftfi'auirq qCsx e €drsgr *-ffi.Z qrrSreqr-* fdirril FfrF HWrfrq rsrqT q'. y;nTfi+ qrtr$.q) rrEr{rq T${|frF Trirq e {retr q1.Er?T e gE€ q-tr;rrgq1ft*frrilqn q=1w,,qt+fiftr ffiqqrfi qqtqr q iqT.qrn+ qffia+ *gi"

"=*+* e

air+r<r*qi* @ FirE1-6 q,{F d.m. y'rFq'61{r€TT. ir+'E frilRr qR''rq, Trr{qrbfi q ;r?T-iqM fi vqs qtffi.mrserqrfr qqfqT ?r iqrqqi+ qqftir+

"rgiq qeg+{ q etrcircrtrqr*

ffi/l{r}rg"Irq f{fiilqfrffffieT.ffi. q. fr r q'qT+q€F.

Page 69: ADARSH COOPERATIVE HOUSING SOCIETY:

o

g

s) Fmnr 6t+r*r "rsrfier

qrrsqirn yffiryRr Frwex Tr*, ffrfilrr trErer wr qFrIEr

rf?rr-tr{T ers'fio Ffl rqtTffi'{ .riqrr sqTsFfr{ TrqEEifiS A"rq'eEevuf"lT*ef'er. iTenfE, ortn qEeqi{tT$ sTq+S ee€eanidstr+ fi*T B €qgqi-qT sF{=I

ryF1Tswieqdrgr[ *'fiF.

€) EFS ?ir6{ tr€rqrqr+ rfrcstq ETfifi' qtffrtr T€FEItq €'si-fl it{'a.i{rg'qEl+ frefi qrrfl. Tqr sTrf,r qffi igmqrErdql tr*tF'T stgtq e{Q'af q

srqT-& Erfr€ fqfrT qqE-s'R qdE+flr* F,Frtr qttnRUTIRrznfr.v. qflFnqT+ @ l1sr Sffirfr EilFrS* qTq!ft E6ts11-qrv6fir$ r5ffiI dsi€qr vqwifi qrTtrI $s"qm 'sT' qr* frFfr A-einerdnrqrfr qr#q,,,-eigri?Tr+ flqtwTil =n-ff q' trg'sn S qre arfrE? F{IiT trgFltuqtil qTfr: ?r€q {h+s Erf{ {q< mrarfl drsqr 'q' Erfr(t sr& vrf, g-{rnil-srqrand.q. qrrr qq#fr HIq'T ar&Fqr qtFrqfqr risiTr qFrRIT4

wflmrt IEfrHfor +q+€rol€ ff.sq.€{n-Rq q *n} €ffiT srs f{dqfrd:ir#qr €{ftt} ilsfrtq qFrfr grfr? ttrqm tflriil, qr rTRFr Fpftnsreil srrffis{r*$ t ril"Trffii g,6qrft T6ffisT i{s{iqr Effi fFAhq1s,R_erm Elfrfi$ e,rlldq qr6T. , , - , - . . i , , i , : t i i - : . , - : i i :

. , : . i* ,-- : , , . , . ' . .1., '

- l : . . . . . .Fl . Frfirt1.d g6l.fitfr tI6Frq?rr d*'qr F64 @, Erir*q ETFfiigrEi s{Etq,,,c* Aqr qqr qsrf$rrc {{ivr qrF+ sfir&E{n. qilfrfl:+ qtffi qFsfrqlnqnrerge rff. ;rrR Tqrm' ffiTris, *e qrd ifi'qiifi, *fl, F+tur EdBuTRlq-:vc o o ?Tf. rffqffiF i?FTEIT, $q qil.d, u/p. Q qr gilKr, \{!flqqFfi ffiffiqi q {Eiqrqr gmr, q1ffi+."gir6, ftilrE:@ Ffrfrraf, qtTlvq qr'rr+rqFiq'en!:$m, q. r+rffiqr?) qrrq( rnqil s{rqrffi {rfis.\e. ffiRtr qffirfr'IEf{',tfoI TiS+ +ffi rrltrqqgnor Eil$qft iql qiqi-s'q$q tr$ +r'e,er ailalnfr rir qmr i1d H{ $te $rffitq qR'rffi *ffi q

^-q6fiR Fr+1rr ffi. ffiqqqq (out/lqdRq,/q,v q, ffii-fi R t,qqao €fqa'frftffi AilSeT olFre{rft qrfr* g.daT *afr ersenr rrgmrg ft-firfr dsroTF{frzrq' R,3Eo erq+ +rqpt sruqrtr ?rr*. irfrF ffiq,.rft rtrEFqiuT dsri-q'rSnrilTr+ Wf€11tFr rr6f{rq V€ffirfr €gr s{fi{FrqrT q,1Eo, e Eqrgra+ n?TRfir{rq q Tqifi ffiS sqmfr qiE{r s,qr€qT{ ilSE sr*{ foqrciqrfrqretT+?Trd

"nqrr+ frFa *eT q-finTfffi At s{rq*rfi q EitFrfircfi ent. tr*q

Page 70: ADARSH COOPERATIVE HOUSING SOCIETY:

64o

FrmrFrmnqi* {siTr tq{ hinqr qffir HrqI qETw qEsTft {tsTr aTFTFTorq

:i;'d- *ryffqq*n*T-+aiq-+ e+q at. **q; . t .Etrspfrr ' 6* rfmr Bd='q{ qs' Eqqfra qq qi\rin

t# ; ;ffiHT +* t hstffiq i$ "q Ttrq.eTrdt(fi elTt

"T{fi "d* dl*t

"ttq*t qt*t tq'4 szn Ro Et. sErrr

sri*Frd q'fi, ftTo* **fi 5 o*t srqrfiq*{ -ir*o+

erea' qT ieli"*

qrftrq =qq #*"1T+m1 "il? "{rtT qg.fr qr"ilr+tqr <.q.iqifi ag'"T rckqrft

t o -roqotk* Hfi @ iR €{flr ffifl v{rqiqr {i-€t'qT ? o d Rsr'q'

qlTrr swfrn qr{, crqrfi a-ffi ffifr +fro qq{qid fffi me-t fr

effiE4*tr.(o. *-"i qq( AteRT +1tffi aWT qittT+Tqrar t\

z* *T FET61 rr6=mr "qffi* E.* s{F{-fi ffit qft1;11-ffi elqd

6rrqr* q{qg{fr qar*nffir'*"-, =rrs,a q Ffi f*rc Wffi' TIRffiit

*t'-'ffi "*;

frdq, qffir a =;r RrTrr[, trqi-+ q?rfrqs

\o4q/REYYEff i .q,tq/tT.d,renim-ivq{,q,3,44qRnEtWeFfurhdRq.r ers e Trtrq-t tffi a16frET. qFr €{rli q{Er;rrfl=fr etqv$ilq'fi

*tmr{*ffit ;ffi-fd*t dd"ftr rr*rr'qrn+ -Eqr*. .litdr'rrs tr*q''T1

fqFTqW R qqfil' E;edFs rrffrtfr's{rqeTrw F frf€ rqFiffi 3r?Ir

;#; s"{E*r . rdr s€r qS ry Trrr1 trunffi n+€'qq. rlT{+T{ --wfi, i qrdffiTe sG

"S qrRff ffi,e{T

qqhqrnp Hffi, 5a1 qftfiwr& €{d qrdrc q'@ flk fgTPqrrntr q FoFia<'eil4q'r& at€fi En*. srfr"frqT afl{rfr T{-I Te* flTIFr vq aet'

EUI{ rrrqrr *q ffi ?ffi -*nt m, A+ qTerT{n6 lm.Y Fiqr ft' wsrr q*s*{'s,+*+ iuidc # r*t't remrt qifi €TTFrfi Edrffiq:nn

ffi"Esm ",* ue€ B.ret.sr affitrrr+ qTffi 'r{+$T 1llfl' q wflr

qr$ffi*fr rqftH,.q srszmr tfd iqr *rfftrffff qFTfiEqr ffi €ri*rtr

ffiW €{d qttrETa. t€"rfr *tA er{^tgT Eq-qfr d!F{r ${rwr rnlo' rTqdtFt q'

s.flr frf{fr 6r$mfr6 E{firr erd m's "I+-f,1-C6.

ql$q'R T*

€iErFfi e'rfi 6E€T q. ffiilq *F.r[ffit qri{M }rRnq qrfi spr'lti tilar'

q q . .: qtro HTffi3€.R q{ilra.r 3{nrqr€T'fl' fiq tEnr sTntm T<Jg eT{r€ql{r

u-sqr{qffi smfi vr* tgq ;{a*q{ qq qrq-qT+'fl'a{-ffr i'{{q srsufr rrfr 3r{Tr

Page 71: ADARSH COOPERATIVE HOUSING SOCIETY:

,o

( ' t?

5

ft-fi+ qrqil qr-ec"rr €ffitq'{ qiTr qfit'seflq waqqrfi iqr {i-€xt* fffis m.?frff{r* qrqy?ier ffiS frvrr sildEr q1!frfh{t, fi$ W qH{ t613rs1pr silSn1ft

T€"i. qW ?rRF{ s{rtrr ere' f{+$ tF qI? fr,'+fttr?sq'TFier"q'fq?rqur Ar$ qdea fr*t t s-drit qrfEtfm ffi3qlr q,wqTil qlr-

+fi) Er6r#q EIFT*+ qterfr gtqqf"T +{qtqlqrarr s{iTnr qfu* qrfiqtt (}qn:fi'{fr ) rfrE +AFrr er*rsn'nrq&q{n, Eaorfri Htrtr 5effin, nrci qrri,ensffitqrq frqR firsnryTr qEil,

*+l TrR{ftl'r Ertrrfr? qrsr ?FlRnqr wr eTFFqrsm c*-snsal { o hff qrR'ltcts Frdrai ErrEqrs qqr$ilfrg rg'rif$ r1-gffi qqfrfr Frr+ ir+eqi v{,eFrfrT6f{qtur {ieltEr rqrqTga Ttq ocnnm aTr$wr, $flTrntr HFsT+ trffisrimur+m qfi:

ET.6 .

{r6srrt liEFqtur €efqr rrs nrmroTlsRfrr srgalemfur rlaisrffisw{iTqr.f.Gigt+ rrrrgt.

q, , ? . . * ? . .q) ftTa. FrTiyr qFrqF sqgr er$#Frn rtffir$

. ^ 4 . ''r1511;qTqr g€{Tq Effi

1) (qD q|{a . ''tln ' :F{qffi.,;-'.ffia1; ff,fiffiisTft*rh/6d'nt,wr# dffidffidr rcrisar+ m+qrfr Tffi${ srq+Friffiorit rJtfrqfq rirqT.

R Cd} .'flFsrqf -ers:dfqltl'ir . sfi$ritq:rFrrll:l rH{fuA,F{r €idT;aT ffirorqrqr g6gr q qrqftr* qrgr nTEFrtq srfumr$/r6*EnfrFranq+qrqT3nT{ f+qffi' m, eilkfr

q

?) 4rfiz tff ' srqrfra ffx ri{rirareTftrsrfr/6fr{rfr (rn* qifr grr.q (ffrfiSs{rcn' Hft{ T{rd' orfir+r$rmdqrfr qiqTfr€"qrtTr er$iz) q'epr si-sA,rq'r q'FFrtr56Frqfur rien,

\

v) q3.{Fm qrdT,^dErRll, r{5ffi qrfit 'lreEFn

qqrfi q ?rqdaq qr qFnT{rrtffcd eqEfr qo(o ?rft

-sos(er)(rooo-z-ee)g

Page 72: ADARSH COOPERATIVE HOUSING SOCIETY:

,r" -s

( ( r t I

fiql qftor ffi qTirEn %t{#r yd n*r HrrS ffiq iR Rr

m,Effi H$ fr'$",*"* rd*,ftff errfr srd mdsrs rR, * +.i#-.dd dT # ffi H_ffiTf{qlfifur s:rrc er e}on_qr ,I&e ffi$s q.rocntr q+.

qTq) ent=neT-frF rffi, ricnr {o hn 6rft elRq1.q".Rrhfr R iF4 irrnrtmTr r+w, F,trrqTvrfi trq{ }gr ;# TFbtr *.Glr) rn+ f+*rn$ iM r 6qil s+ #.*fu,"# *, m+ tsfrRT-*aq'rqq],+ srEa fr6{r ",Rt

s}oITqT-;;; w= qlqqr+ t ,*a-o* qT+. gRET')

"tF *"t fiy Tsffi Ttwr ! o hn qrw e { o q1 d",,,{; *, j*mqr*+qfr qft{ry c*+l n+ 'ceuo*rr* o'ffi fu;* .''dt TFg ft#TrEifr$' qds qerftF' .{.# s*t-;* ft6T €4+ ffi "-"J

fl'ffi-€ qcnl Girqr aTFrfr rraT,.tr Tq" GE g,11iFr msq,*rxfi#.; :

Page 73: ADARSH COOPERATIVE HOUSING SOCIETY:

. . i '

. r '

r{rfr) EfiFmq'fr. af€t=.,=it rrt ** *-rr, * .** i*tt= $r$EUr $1rrl-qi

wg1q1 €lEq,r$ wfi-"" t+" tr{, u*r "eqi

rrelq,tsr qi|lTilT qq.ffiii Txtqu

t :ilTqflt,*n6m.ttar; ** S'6*ur €{EiltqT rh*qi E ?TKrqKtr t'q

qrafi$ gffiir e,i;q eTdqr trqR EFT q.{"A'

. . :

q?. ?Irq{ ry q fit$ rr qit fl =r|g-- T|qq Ti-Et 6fie fr

sefinr iTtq tFm rm{$tfr siffi glTtqr $rdtfr g{lt'f, FiiqT .t{Tgfrrev $rq

Ftqrrq-d End.*a nm ".lsfi "|'rs'{|t

Ttq{-++ffif q4 r-5qpTm gqftfisr flqr

ffiEai el-in t+qT =r$ i .+*;"i* t"it ffi-{r qlgqrl t+ ?nqew drsqn

E q$ff €ra F. 3,1 o, 1'q{ er.t ttfi*' trk ffiT Sa+^tffi'-Falifirq siltn Fhqr

'7:.# -.*R" STafi €{*6E fitfr ffir 'tli-sq1+

?gqrqrffi r E*i-tr{ "-gq1.ctH

b{\,t@T 9T& efle fi' 1'qa'q 3q-rygqr8,q affi:o.

'"+-

"ry "F"* Ettfr e{{rci{T{r srqursnfr Frqfrfr

s'{rrrRf tfrF. ;qv. Er

"q FT"fq 5 fi{'11ry=a{ffi ti+f m ' r"H' 4oR /

r(,,E{q-q ffir# q/\e/e.,q",; ffi-6*.w,',ftnn "ry rytrI

silB.

erra) q{ ffi. c{r=Ti qtfF6 qrqm. (al aReF.?{l6 (qrql t* mtrtd$'#:' i 6*t'F-f"|gqf{ ruRrqffi.F=tn. eqrrqiqffi.nfr FKAf +rfr qST 6TAI +ry {r$o'

q;rqt{-r srffir16.gp5 Er ffi furrrl

ql6q?:- *gq{ 'eT' q 'q '

Page 74: ADARSH COOPERATIVE HOUSING SOCIETY:

rt{ ' j

",o,

(a-rrqrq frsFc rnfw tr ?r?T Frrrrr H'qFF lFqTq{ to l\/F'F'Qulqq/

q(-q,f+{ta * g} qqtq {41 Fdqi) ... r i

:

$w-sn i .*.c,qfra q+{T* ta"n"q*F ltuqdrr'wffirfrTa'f*-fu *ot **sarar ry

Erftn r-

q. $** T€F t r''qrr iq s{ qErqqrt rfrFrS qrs$ qrffir imfr'

".'rfi* .'a?TRr m nao ;.=Tt -*-tfr, sqri dg,q^tn-rrnndtn*r+etrc vqg sq1trr

and Ffiqr qrs *fi{6 qeTfiqr *-A# ;#,"d'GrFi'Eqr'{ mrrqtfiHt 6fr' r*el

t<irr 6 "q-|J

dqT( clfr. nr frrufrsqm 6rq !ffitq. ,uqr .niornqra TGF{rsr ffi qtrfrrq n$;trr ilq

Rde'qFt qto eT?Tr sdrictqr flrqn qf$rqrfi ns qfr'

a. dFrFqrfr qd?{r a?FT "re f{nFffi Frcqr€r rffi ffi qqHF{r

Eiq;q qr'rc rq fu qFtI 1rfrn tfFT nrqnnr m {IFii'

V. qfir q.EFrR qTFs.6f **-* q6I *qtq *ou,t Rlt ni'qf 'I[ffi"f {Q.d

tr+a we e<rrcr{6r +dr tfF. ,.nqilfisq1 fro1ffi Eq6

\, q?rFftt ttnqr ?qrqt Tdfrytr{m vfit fi$iql- :

gffi+ f4tqT -qw,t-, *"-1 13--1'H*6 tq<fl+ rir qr {er vrla tro

Em.-d €{*.F * *t*iqt ;#8*fr8 dl*-n61 q*.'{i6rqfsr ftt* *.ffi €rei nnn

qq. ' -q. ErE'sFar flhqr lrilqt q-FfrFr/ftrqT qll|t'l vfqrt Ifrcr {*qr qil{srlfr

q'{fiR 6q{ wilqr Tris f4qr "fi-ffi

gf,T i;d4 *ilrE wn sadqr q{+

Fraiffi irgnr crqr qt, - E ,,-x? z(, ,Fdri\e. q* r";tffi* q'fef'r{rqr thT €{rdf{r Trt Tryr T JTtoTffit

.'ff/retrer iqr ;fu-r,*t F*ffiT F*.fi o-frqpn;qr ffie ffiq *-{srfr{

F&arrr** * *offi,"rt. Frnnnm tstn=qr ftqrfr qffirfr Fffi urm t'*a srq'$t

'Tffit fi sra qrq*da ffi4f* tm"qrn ir,+. rr' qr{rfiq*il".1 nrfiT t66ysqr tm sldt'

c Trff iT?TrEI Frt rrEtrfid.

"*+"'';;"f* {'g.Fr $qT frflt*rq tE.{ t.vqTil tf.r ro' trf*'*

r6q-fiq 6ffi g1" trr q1ffi r1€ anil e'ffi qr&ilT q6 q{wrmr tfar'

\q - 56s (ar) (oooo -7 - ee )s

Page 75: ADARSH COOPERATIVE HOUSING SOCIETY:

O

t0

("rTfiq l";ffi.trts/3q&q

trTr€

*gqf i['

TfiHfr"q rrrfir* {-dq,rfr Trdffiur $st{rTr Ailnnqrqnqr er& e riiff: -

q. qFrfrEr man {*or tsqrlff €t+{ se:* iiEofi qisr Affi' qrffi.i. qnrnvt F-{,r€ ?r irn nffi ailGrtqm FflT Fd $afi-qt e

t-sr {i-slffifr:{r sqfr ffic i{e.a. Elnrdq( ffil etrrfirq g€ +'{'nqr[tr TisT ffi ffiqr

q,nF+a +rrrrq Fm tffi T{irFr6 rrF{inrprFr{T Fqn'fi+ qffifr qtrrg qiffiT tf{r.v. ffi qlfiT f<@rg q€Krq qnq r6qft e1fl1fips,qqqt, srq+ {T{r

s1fil $spl q 3rfl*rirsq titrrcrqn-rrrf-f rgup snfla tnisr fite'.\. Tisrr {rdlq zTffi rErr,{T?Tr Tnre,Trql trq tTtri-rrT omr rrrqt ftqtrll'

Fqrcfrfr qrtneF.. qtrnY vrtr+ qF{tr e{fuff{rq qtqq .4I rFFFr Eq(y) FFft gril}ril

kqqqrt erie iqr qfiftrc rf€q rrnm?:qr S'{fr X4 $Gr{rft RTErq qtr{ FifiT ft{"7dlx4nrr$ qrrr rrEtut eqfir nsrn qlfr.

.\e. {r*€zrr sqfr*d $ri&fr ilcq{ sTs-€n rft tsr @qia{r +d Trdm'fr frrqrq ffi TfrT sr*qr+ qts ffirn qrfr ffiqr m xrFrqpqffi t6q6 ftfr€Tr qqtqi-€qT qFfr gs{r {r€tg *"nT qr$ g{rtrr seffi grFrqr-qtq €fiftFffl ?Trq 6{o"rrErT Ff;qr harqtq F*qi Bffi qrFr+,r-qror ftrq €{Tn er& s rriif{rq{qrflfr to'{Trqr ainrsR (Ift€.

4, *nrqFr6r 6ranr q!"nfidt irqrc Enenffi efiq qqgqffr qrfit ir{rqr Flr[rqilsr cTtri

q. ari qrmrrfrr rgsm rrtqFfr rqqtrfi (erqqn/€r.{qrv EiqqftFiqfsE)TqTlH--tl#Ffr- -trGfrRr -'t5gFnfur; {.*'atu -rqt*, sqF+qr, q.lfib-qT Eqh wsvrfr'6r$Eq^r rR€'TrW \ qqt;iirvqo qqftcvqwqqFitrr ffi fiwim 661 ffi, ErH,frrg,FTfr v{qqror F4rrn' vqr{fir q qqtv{a FxEfr /ERTitr( 6q61.{s61 q61, ffqvrKJrr

uRrTrq€ iqmizvgrmror $1 srfr Yirlq trcr{t F,F}G,3T.fr,

+{ lir6t/T€ilftKsr rfit qr $dt qlRI sfiarqf qt

csT.Trd)q qfiqrr Q o {q146q qq ql{l;rfi

R . ffi ar* rq-GI \ o s Q o o Q c ' o

\ , gits srrfrt lqail R \ O t h o q o o

L Etrir (q ql"f'elrqrt qrrre461-

Rm ra< qEnrnqTfufr *rf o o t l o ( , o

Y . qtts q,qgi enfrRm trc<rrrn nieaem {te

t o o E o Y.o

q . TrffuTiffi 1q q q t o

Page 76: ADARSH COOPERATIVE HOUSING SOCIETY:

6,"qo

l l

tr) qr're{ ?llliltfi}q qr}trt s{$qt tK ffirflt wsgmret ffifiqrin ftr'qf

fqrrnng.+ q\ ecftftr{ fffi sqpal tqft?i{fr f{rffi * eFirT{ qgnr ffiD ?qre;Tffi/6#fi-iq occr ifo FTrs're nfiFr SMt frfirurwinrer S Enmr<rqm e,tif '

q, ff qrfi ffi{€r €.1oo trff trq EaI , 1ie{ ewn fff€r 6.q o o xfr dRrr Tei. =rfto (tEq &ftflt) ?r*rvrfrRm Fff( 6.4,o rtfl dtq Te

qEFrrmflfctsr *{v. qte q,iq? arfiftm {f,( TtR qrffir €.Yo lift+wEa

*{q. qrf iqM 6.q o rrfr gltcs sa

6) Eqifdror sR Siqdfit vEsr4g €fd sT*@ tR Emiir<sr S iFnfl{fsTrcrrqEraT .ln{sm qT6'. F€JiaWr 6 qK{ ge f{auqm Wiql-fr qrcur 5ffirerqe!-

gi{q qr ttzElldrnqr sT4 Ei rFhfril ETqiffqr ffi6q5ft,tqry4 gFTr ,frqfFrGiiqr qffie gvrfr ft;qr r{r$ Fhqr qfrur frfrqr ga Fim <rE fihar qrfr Cqrfr gerge,rEr/€dq, t{fitr €rq}. I Fhqr qff6 5s,Tr f6qr gF t emr eG.-

1". cge qffift TEFrq?sr riwifi nmstq qffi qq{ m,,caiil tvr {Sffe$qgrirr rqr* gqf{tr/E{ EIRHrsr R:Tffifr alTq|q 3ra Trl rEqR qr$. qrr el-{ITcr€Frfir FTrfi Tqf{qrrFfi ffi+ qriqqlt fqtq,s qfiE FRifltuT fi qr {fiirtqT q z*E{ii tr'-ffi qrFf*, aTftge( ttFHIq q<tt qnrer.

tq,. qI 11nllr ffiq1et 1fi wr qrrfit Wffii {siqr rgffiq qfrq qrEFTrqrir €{T+ffi snt tqr drqtrir vEgft q{rs$m'Trsl{tt quffif wS ARTqtqrI qffi:nr tnrtlnqrq{ qtrq d} ffift{rfr q uTFIRT emf ql(grtr cqr{ qreftam/Fn

ffi 1T|3tr$+/iluqrsql+ e{T{t fr'qd sfos Er{Gr{r iril?n W gTr {rkt. qFr

rzr6ft6 Terr qqrargr Fmifiqsr 6 qr {6tqr q ?* qr} atfirgc{ ntrqtr rlnnrs'i<rt v*i@'11. --'{iS* aiq$sfi' Fqrcfr€tt' ffiffi-qi-€qr ffi Xf \rrdr-{'fr frlqr{T?r,ffirri rrq qrr",arn n6l Fhrn tffifiA s<qR qrtt. Tifq Tqfr,Esrrfr EFTrfr+ qiLt$rrrg€ rnrrartAt ftt(+r tt?Krr (luln Fra Fncfr arscam{ fi m} trnreil}rnt'qrc rnmttrC'le+rBr vg tirril'rr eT?t € Ene.qnuqr'qffofifr €*qT qrq{ elrq?qrfoqT rTnI+drorftfr srfr{ sTfrnsd a{et or*'F m anft' Eil{q yc6r vrc tuqrqr FTeEIF{6r-inqsTFroR srt'F.

' q ?. dsfi F{r *?rfr rrEfdt-d sns+m Fffi( 6"( *dt*afi ffirfrTdr "fro.q,y. efifr+ sBq 5ffiffis q{ GTsIl,sFrq qqd wrs qd qm{e rTRF{Rr

sTFdsR vqr Becnn iferrr rr,trq q?tr{ Tnffca. atFI qEnry q{q qiiqs ETFIf{'rrrqlqq +i ffiq{ tffiEqrfr qqs groft+ arry qrrrqrqrs ?r rqrsT ttq ilrqrqr& s{qrqfr dd?rE iqr ffs,rrrnr+fr M EiTtt €kirr rffffinr eG.

q, q. qfr'a{ Erfarfi rIRnKr qsrfr qtr{ fifiqr pq rhrnnnfr qFr ffiqr4€ilf{s rdrcn+rsre qrfr+ sr€rsars ErFrfit FitqT fcrqr lTrqT+ qrcc {q q'<trqrr tfe.eflfdr r€?rfi qfiq Gii{r S vca qr{rqrr{T orts arq| f{sr wr qrsr& {fiSt lr{$tqi'qfirtrry Fiffifi'5iFfi Tssq ?rtlq rqm qtsrfr Fcrcf, Fitqt srfr qiqqrq a'r+rq?qru F'nrft

Page 77: ADARSH COOPERATIVE HOUSING SOCIETY:

.i" o

t2

rary6' 6g- *.*f ryr{' rdrqrfiT ',,*irqS r,..tr qr*fl a.ftt','{"n s*q fifrqr ftrqrqra qrffiru fu' sirq'Tqs uG rsqr *t * qi{r* 7*q qr qft4sr qtFq]Tfi fiiiqr t€{r e{taa Ffiqff#f vidrrFm qi.+nq c rEfrEtn frrnqmr .n.+rnrtie+F-4erfi Ef,E€?n fiiorya qRfdqrfr TmniEr Fr",tq. {Rr etrtr"c qqT fsffifur.

? q ' crfrq foqraTr ?r#ild qqrar nrff* se-qr $rs 3,*'$ io.'inqffd errftrert{ "u"tffi

w++ *qbq'.w 'aftrrTt +aq fr,u.fi'-*rfr wr tnrrtrq+ qrafufi€r*o icl im&crqr s6 qfrieqi *rerq,ftil m trE+ gFSfi gtltrrnTFE{r q€tid'rfra ffiq"iq* FrDqrqrard @, vq< ar6 sr*o m {iw +-flq* hefr cnuqrqqr* du' eilFr qu*El '.<cd ;r t* # q',ft, Fdftr;-*'ffi", vrim qnr fr.f,o.? \r. grdrrr tu,qr"4T Tr,fthfi lFrnfl fifi+ {T+* qqnn rTqsqr4i*r sceiqEsr+ €r*'s il( sm si* qilqr Erdtrfr ilTs*{ aqrffi' 6',*r,.* frs* treleqr€ rTrrrvrsuqrsrdr q**qifi ff ffi s'{ar €Th{ .,{*.*# ;r+", sTrFr er$ e6ir,. g{rserru"rmw q-affi +6',F uqr rm&s yiEq-,q',m u,#-srRT, * *s*qo *qFqrqr nrctr4tnd' rm v{sn* g€ir{rqT qr4fiH sqr€rqhqr 6{rrqpT qi{r kq.rrsr+ srdFFr w €Tq+q. tilS unt .rd ffi d* .H qs,rr q.ffF' ,utt q,,rrrm q E\srart

1iartt h* srnnm qrr ds.\4. Errflq frrq'il rrarc;qr.ran

"ifiaqrw *a arrter *"__fi" *i* r*,fteeqT qfrfi-fi '*ff q o o t't1s m"*t q6 qqq,qT-d +r{ qrfi+ Frrs oraa, sflFrqr*rq stqFsql 6ter.

q q. {isr srtffi ers s q itt" o**n cnfurft 3iltrr ,,'T{r'g q{17qETs ETntnrqrry qqqq q'iqrsrs h++ fr* il;''n+ rwofimrft vrfirr ernr..R €r4 e Trff ffi* sTtesr r rrr qr;q apn<r..nqr<r,n qqq +fE.

.*r---=) ''---.-->StJPERIUTEfDENT

MumbalCtty Sutey & tand Record.

-lnu"-

Page 78: ADARSH COOPERATIVE HOUSING SOCIETY:

Artne*rfvL-fa

sfr,

T6}{q,

frqq:-qqq{vrnfuqt.Et sTR.ffiq, q:

Tfl=d qies..zr€ ni, 6p61*vqrt r\eqc :lS+ "d:iftrft*lsnfl f qrnr*rFftqirr$rqv]**.*nt*u.

M

WWS*:rl*^*rqsuswF T'9, ",*" "nd.fr q*'t;il:.ffiUffi

*qr6 y q**t *isy*r* 3 w{er ",s-r.*i-frm.t#: .-**

Ttlll ffi rys;'# t*er&srsri*{ yrn hRT--fldil#;-F Rrtnq'w i qhiTrq.no u* Ti'+. Hr{ild q+r vnqi-q. ,i***H*f^d"y$-vff*d+.i q* ffi;r\.r*

\'\e'q'qqq qI.''oqfiriqiftilBmqto,r TsR$d+T{q**;;] qxqffie.|frr

qeffr ffi

.*t & io% vu.s i 5-u-d. ur*,tqr-#i fttw q. Y)w*ry

**(y)eo;.*t"** T,W

dd* q'il"ry\ * d$ *ilr, ssrsr ur+ Hr,}-ntrH-,fitfficqe,tqri# t.qqrw*Tis+dTiqT iTo':r:?**;ffi"t*"tu*#,frrdim=,

ff.i *"t *i ** # *+*** qr qdiqT qT-arni-qT

"ftnffi*#frH#ffi g{# **-* sra eqr+ ffi- ts) srt qqt{ cnz-ir ; *fr_**'wi +( rnrffqT wr**+-.sffiffi-ffi RT* *ry

Page 79: ADARSH COOPERATIVE HOUSING SOCIETY:

&or'' (,

''}

Hfhdq!,qq

Fo' +rrt,B.H*hqlq :,rftn*; r

' 'r-f,(tqlqtltl i

rrT .:iTFr fq.n iq,Tir,terrq-bTrfrifr4hil*det_d.

.TqL*-_=". \*w'liLt 1-( "T.S.r. q.Oiq+tsfuq

IFYF: t; -+rt+qnt

,f{

s

Page 80: ADARSH COOPERATIVE HOUSING SOCIETY:

Sr.no

;.FE""k':lPrctrotcr ISccrufarr.

-_-l" - - ' t

-____*_te oi'i ui;;uri i ii til h; ;* Jj,;f ii:#i'r ::rr' :n Atl..r..tirfi*iG,*il/,;;- ii;".fi-; - - j+Ravinclra N..rvvKur:ri.rr

i Det'e-nce Esk,til- _--+--

I" lI

:- . --

iI' " -_- iI- - - - . - - . _ l

^t Ll-^

r_:_i_i- . -]'

l\t'

6

7

T-n a t l l l l ' l i l l -

l n r r t r r Y ii-t;:t-*-:--- | | i

klr_l*^!. i'.Illrj!!{liiLiliirrr,,Sr-glr_ijiiqiiiin,;,,,, - __f -* ---ig11s-1grns-shI\u!**,1_srtrltrgl$iu-- _:-4i*f*__ _j_ _ :--_l

lslffi!1t* _-.*.s*[:: --1=i$i.1---:- ::i-_: :_ _j#:It"r:l$r[*-!1iq]*!r133i;ffi!rF-T^iT+,Y--leG,ru;rF_Gi,im*U;ir;tifiiinaasr*f,fr C,,r,iil,r:ri

'* P-F-'.*ur'l rr'rK$nr ---{_Attttv _=I DetbncG-EG[G

.HII_._+HH

;--::*..- i Army -F'-_-**---Jr .:u.r li'iurtiait Sin,rh

-t-if;i,li- | I

f:tilti13,[urq*iut*Tfi.d.t* -: {f.,i:'-"-s,.' _-J -=]::_., ":I::1.'lllLrl ruu n At_. trc ! tr !

.l.i : rr l. i., rr . ' ' - - "1 - - - ' -

L-t t\ dr .lClrri N.liflhci,...r

_ ___j ril}___

Page 81: ADARSH COOPERATIVE HOUSING SOCIETY:

(il'\?

,. -;..,:ul$t1i$,&dilij&!trif$S;iariljaxilIble,iL l;jd$i&AE 4tilibEirtibfuIeg,ilu!h:$-.!ld{dusjr:_J.::f:.;

f'-'.

l 9.10

"4 t " -

4?-ll-*-

444546

!l11irg1,,ii !j:,!ri i riL i r rirr r

ffi-trjt.'Hfl:n:::srtt'Jg{=!!\''iii _ _:::!1l!}I..1L_N{._q- ._4,f9|Y Kg!'hrii i

- ----

+j.Br.-WJtl: gris! r,. e.- __:)rr,,s lllt.[.:]t:i_:i_! ll r: I

r:fr'tffitll.*l'lilllil_ ( -l rl_tlr il.lt(rsl.rS it ii!]. f i :i+l11+1+tsrllsl !t:! u :_lg'tr!til:. Jg* rii i i __.__trLr$ Li -!it:i:::,li _ .._| +ll':rls,l;'s1; l! liq iglill-'Yil:l A!!l talriil i rvlril_i\ntit Qr,!:,rilr!| [ iu r r i l S .P i r t i li.'l--l----

l-3,1 {_Yrlf il n'i,J r_! I r: lil-Y.ll s[ ]inTl:!!-r'r,o .llrli ri

l$ffi,'diil'i,i,-j illlijtltii'i i'i *iifilI irrullv.r St',, i t,- " '-

I iiEl-,.3ilr .Si,liri-I r \ rut t l ) l r r . ,ur.

4748u5f)5 l5253-s+- '55)us7ss.5960_6 l61(r3

64o)(; (;r .1

686rt*-

$lrsld\st{

' l " i r t : l i ' s r is s i r r r . i tc r r ' i r t r t i i i i . i r / r . ic r* t i r r '' [ 'h.ut i ; l r

t ! rer.c : .rr . , . I , l . ( ,1,, i : i i rrrs t ' rr t i l izcl 5 'Z ' I i .S . l . fo r . c ,rr t r r ntCr.c i l i I 1 l t r r [ ) r ] . r^cs.h*".,e ctccidetr ro rrsc r ri{i,,/,, F.s.r. a;\iJ iil iii.;riiriii^"T:::ij:::: tt'"1I

, I

l,' I

i l: l

i

iI

{l '

,\l),\It.sr l c(x)l,lr,rfl:;;i l ll, coLAl lA, : \ l t j , \ t I

\ . . ' i r ' l ' il t '

' l ,

r l. lriI; lI; lII

-'\ooli'rY

r t l t c rL IS ING SOCI.\ r --100005

I l l

: ) tl ) . .

70i i ' *-

(,e

. \ 1 ' , .:i r_"f

_ . i_Juint Scrrcl i , i i .

o l ' r r r c r r r l r t ' r . s .

-i,L.tr-,

Page 82: ADARSH COOPERATIVE HOUSING SOCIETY:

.'. ,'

ffi$

frqq:-IFFqqtrmfu1

**WMw{dhdqrt{q, sTmrf H_rsr*rFfr.r_m+.1$.{rEnsi_qTqd

ffiFS-:; i*-qrssrrsffiry* drdTn Tet q-,r ;t;:l\Pffi '.2: *r #*i*,q*qil.wT:-Tffi*."6*'*mq.'ffib"*o*- tq**. i ;Hq(siq*Gl q"t1";'u*n* rmmrfui *R tuw*ftd#;l qrqqqni-sv{si-q

:,:f,'HTs *'"' i"i#"* q**# *q Fq1-q;1 r*. ffii s{+qe*ftrt*"; "ffi

i; te=r m.*I **"*;ff* qrr qsfrm qrfrT

'r.en""dieelffi q{q @qI *"u"il;:il** Erfrffii ftrsqffi q*-"i] W*ffi(y)e(E)q*r*frtuT! ^ q). "-E*' -'*d''1# ;ffi ffiffiffi *-iwffiffieffiqp*.*aftqdiq) vs"r

"r--r+.; **.il"."d* #* WT nrr qrtsr qrsfiqrffiW st^@rr q{ #; *.=- $rd /rqr** n€r*:r **;#THmR=qRrffi a\

s**r{+r {rTs{RT "olur* u;-mffirffi ffi* *ry

A^arrrcuvg-E

* T-$.qw,gcurnqtforyqyT Fi_ siiq.ETcrftfi $qr{ci (frqifu),'.iiqFctRtts, gHrfl,

ffi-foo oo\.

Page 83: ADARSH COOPERATIVE HOUSING SOCIETY:

f *(tj \

- l

i 1 r\ -./t

ao

i:

, ' i. . dt t 'e, . i i

1:f' , 4

' r9l

i$. : !

FTt+'|-qF.nqhqFI:.rfrn*; ^

- r''r'r nultrqrEilq eTr+rr "8,=*-:

tI :,'TFr hn i+w,;=qt prnals c._rar Tr6q*i h.ifqil*d qrr.

'18-*--'. \*ul'llt 1'( q,qr. sRiff+tWq

lEqF { aar h.qrrr

,r{' e

s

Page 84: ADARSH COOPERATIVE HOUSING SOCIETY:

Sr.no

.15:i6

;Jr;ffi;iiilG,d .. *-_* _-. r_____r(a*ic'anclra sonel.rlTiilr.,il-"

I n.muri."

-l

I rrelence EsG6*-Tcu,.i=-j

ffitffit,ili*.:L.r,\r'igauu.tit{i;iG,*. ;1" A'il-r.i*I; .-

j+'-} _l*g{r__ _ .'

r\t''*tr's/o A Ravi'dra I Nil --:-l-J

tv{a.i r.ieriTarilidc;'Si,i[ii :"r, l)r:k;;;tTi,,sti_ i_ ..r,,rw : IY_at i l t v ' ' " ' ' \ ( t r *ad l

l - | i

--' =

E1tatffil}lslr -''rr-ru!,$tr[: ___iJ:],",r____lr-:..L_ -- - - - i

ffi_*: .d;i--::"-t*m,*-:F-

tr-lsg-fii'ff.r.l1iH#;H#eiLLjffiJ_|#,Hft"#;ffi ,m$'* :5a.i i:_ _ j _ " * jFll_dr;lA:;;;*'iii,l,tl'lii,T,rustL -- - -jlru-- :__:ki.Eiru..oElur!_Hsrp--lI--i@,riGl -.@SM;-;il G;-ii; n i----l *:ll-.:,!.4 | Rear Artr'irirt rfi,,niiF*iii-s*i,#ii-_

ii#i_-r._i**li+irl:lru_ _ _____"'-' I'Imil;'j3ffiil-#;iitfi;#$S-- i{Hi -- lF::

iii:+i:i::l:::**grl-i,iiliiiri,rlru[gi.!rq5=;'lt+9L-ryr: -'", -'G.ur$Ecrs-ijti - : - : - FS*:ffi '.;:--+H-:-:':t-:L-.!9'11,'i'!I.r$ ruligi*li _

I Dcf'ence Ssk,tcl

I -_tf$16i Witi+ $itorl1rx*F*iri, i $,tl-$--tr ---i+.|J.larislr'-,*;1i.la;i-,..is..N.::-+i..iF]iiii{l-.-i..**:.-:=-_.-.*--H

J I

I (ejeGi_ -

,f,t[tu,

Page 85: ADARSH COOPERATIVE HOUSING SOCIETY:

r.. . ...r . . i. _.;...r.riijlifiis,&qiii.tiit$riiri!{a!iid1$.6.Jrie *r,*uiil*jiriciar: . l

,d$qifsli&,,lifiiigfii&:.;j!,, r.Jil];*+,t'C...jf:.:

: l l____| l , ru.r isr . r i in i i r i [ t i l ih i r r ; . r i rn l iaf _. . . :

g--1 ffi*i;iil ' ;Jr;,'.iji, - r -.-,--- :iltqi-rrtTi";;l-

-

4,1-tG=;ff,',t'tili-liYr -- ----- ___:_Snndesti .Ti;h;,i=ii

ffii*l'f*----

t l.ic*,:r ..,.. 1

;;;,$.{prr-

I

48495f)

L<ir,u-Sil:lLir;" -- t i{cstrr.,: I(_l{escrvc )

5t5?-\ 1

545556

-$!'r_t_!r [tr.] i_r.r L,t ;li-tlubiiillll .Y_i;is1 *i"i

-- :- -

+rdiii{Yiin i .,_W;;ii** - -Lilliilli :l:t Iiilitirii*:r**;::r.:, :-*lff T:lr,|sl

I l tr I lih{ln -slUUtff -i$'gnU:ie*nii___ -i

iii=l_:.:ii:l lilu,tt,g*=* _ -_

(r97(l7 l

' l ' i rc l i ,s i is ,s i r l t . j tc l ru i r t l t i i i io i r / r . i r : l t l l i r rn o l 'u rc r r r l r c r . s .- [ 'htu14lr

( ' r r ' ' r ' l { r r r ' r l t j I ' c i t t ' t i t l ' ( r1 ' !S i r r r tS t ( } t r t i l iZc lS , , l , I l .S . l .ha",,e dcciqletl. tri usc I (i{},% F.S.l. eNLy frrr RIiSI

.'\ I ),\ lts I I

II

f l 'L , lII

thc rc

lr\I I _i,Llr,t

l ! r ' o l r t t l t c rr.: i lot lstNG sor t i i l r t l . \ t -+f ,0005

I .

i 'I

I. I

l ' -

C t r i c fc()ol , la, t {A-t iY

C( )LAI } ; \ , I

- , \

l l i 'rY

r'r\;'

fita

[o t . cUt r t r t tCr .c i : i I [ ] r t rJ ) ( ]SCs.D {.lF{1'rALpl l rposes.

Page 86: ADARSH COOPERATIVE HOUSING SOCIETY:

,G-DO.e:

(Trrw firsiq rrFw g qq fur,rr:-r_ _ar- r,Rqiq q s* ; i; ffinT \Fsfrqw ro r \/F.EE.. E \e/ q \/

;

I

\'Ent+ -Tgapur*"q,=ffi#* fra_q o.u*_* ffiTffi"*+o,*-qd.*i ud*,-t . , , . ,

I ,"r f .t ' . R. TftE+ vEgr t Frqrr; CERIE: Tf-"{fS. twm*

ffiqrflv In':11+5**.im iqr q*iqr+T6 *'mhH, +; sr ##'#; *F r*,ar T66qtui {i{+ilT.o,t -l #.

r*qr Fn-q \rftl,fdETr ffi+ r+qr or**: :_gu,., ".+* #T srd*Tt{ ertr+Fo' *'r**'#ilffi,"ff

T+ _"".

''' ver;r' *oq*$ dt-,qrfr **rfrlh*- \i*lqT-s(rr+,,ftar qr*F.. fthcr rlpzq 96Iq Eq{ qq'rE.r TEis **'ffi-* qdlsr

ryJFft*h rigeqr ir,r,fq)-{r,TtTaIFnA snril mrqr rt. ; " :',-rfl\fr Sff ++Fn "r,tir6 *'#* on

HTH1'51.u # ff

vA. e*u" ts{s{'RT R".fr .ilfr "fr,t l*o,++o s*rorq 'nr:*# *$l*fl* ry*,fi-'-'#"ilnm* tu{r-,T ?Fd.qr Fo. e.,f4' ffiq qir+*' ':,

llrsn-q ffi t+r erser qrrfs #' * Fnistq .q11qs" tfu r.+r u*$rn

T{-sos(oy)(rooo -.2 -otq)s

"v-r r'\4 srsr ffit F "H n'+t*. '

Page 87: ADARSH COOPERATIVE HOUSING SOCIETY:

o(Tr.fr.r'i

:,,r q.fu. m q"€=N_i "jaA.T.1rs/3\A_r. R*fis,/\e/R 3,3t q qEqt-

***tutrfrffi;(. :ltllrfrEn ?EF {\

" r-qteloKlElT gf& q' Erff<r {Till

+* o*1r,U'rTcnfu*-d:*,JT

"oo#;,1***c;'*1*

Y:tw qrFrrr {,r*r rrrq{ hq*'

$i-t ;:, *s!-T*Hil*Lil"r,nlr],,sHfrn.3dr,,.'o*nTffi srsefi no rtsS'5n r.i.ili ilffiS$qsn ffi rtu t+* n-'=nrornzsTf{o'{/n*,"

ffi.5';ffiffi+*t *fu.'''t'#th't rr&T*r i"q*a *.* J']:

qp*ernl sr& q "6u.

#ffi

{

3taF.,rE.,8- csqqrcl

Page 88: ADARSH COOPERATIVE HOUSING SOCIETY:

@t rr lF- it)

Y .g*tut "**i ertro .o F{r;ftffi;.,#y*i:ffi'

q. S ,.;i51 fuc=6r

-- ' rr*t . _ _,...1i ' 5o{ inr*R frrFEr s.l o o r*fl Sw w

*,..ffi#*' {trr I:)""#o*"uYv,.

l;*, .,Rql aqdtRmr m rrn qrftror s.vo p6 =h* W\. trditor ft*nrrdt l

qi) 6riii.rr<qr urr $ffio,+ga9*t.oTt:,:, cr' e.'{ryil:ffiy-

ortr)rr{ n*t. ffiil:*-its- s. nr*'o; ngEFfl. [email protected] ysanrmtrg{5 zr P*{"*t "-.," J*"Jd**** g-o ,ffirr-r*Fiqr sTfuqr*'n u-*n rq

"* H .ru'o, *.r'gn'mr-'rr(.fihqr rRT Cqrfr =Eftqrss.,r* .uu-rn '{rde., rnnfa ttil'-;'nlr "-*

srt ffi.,.Vi} onn orrt.( o ' qrse s66rfi T.fi*i *o-* .'*e ,il ,iprr ur*trrqr sr rir*i._o\r{sr.a rqFft wqF{nrmr 1nme, #f_ *;#"#-*1 **nr qRt. HFr s*nffi.$T-*W- {;+ffi; s;r*.u**,,'uo*qq' cr TTrs{ F*ofqr=:n s un wr*^T..*qt"r qr ?[ffi. vrfl_.i risSffi'ffi-.ry,$-wffi ffi'l;=*i **d; ;; ;il.**qFIRrft rn'ivgr'vf,zqrs-qr+

"*' il':TT emnw-'ffffiHr iHs:nr#HH,F .,E*{rst wqimur ot * *+*';}n"ili uftq*q xfi-cntr rr*qr$

\ - 'q'r' i'irQt qirri'er *@1*****o*, to, $ qsqrflit rnqrq?r,Flr{h';l 1R '*znr*-rr* tti,.,n \*;#,br* fft. ilt=r.n$,yrrRifi Fqr{nr nh.r,rrr9s rnrnlq4f <irvtcar rrqs{ rr€?hr * una .rfu ,fr i.r r**,t*mjr-?,oT rnaftrcrffiffirom,:itT-ffi q*'*$+ *ffi onq*m,tuqr qrrrreilimrr

".ti*.

-'rrtt*Rr a*t eril'o m e,-ft **t'ad ; *rqm Frwrftror-rmr

l.]. ];;1n=y iirrc nqf?n 3Rr&vr FrRrR mr *aiina ftcfir,rru] .FRr.

ruwffmw ,ffiEr"-rfr dFfl-qE aqL tunoir.rdn .l"*f n* FER.{ arr*rs "nilt

-'i,*-ilm#r w

. :. q q . ',il-.trzr. *:To TTTttTrg *,fr srrhr Firqr rdrsr+qrFrqi *.r**.-r=i.ro#.*';;*+ n* r#,'ffi *l*9 ;T#trsnftr r.nv.ir o',r,itn f.rar di il;""*

Tfu "* fr;; ;{ q*r& {{q} ,.$-eTsrft=*-r Fi;rrtitrrrqt .*'"r rrr)'or -;-;r* Fq*ir'Fiqr'rnrtt qiqmn. o1q{@nrr i?ffi

,rthLilidflli4nqud#

1

t

I

Page 89: ADARSH COOPERATIVE HOUSING SOCIETY:

OleI r_\

ni*ia rirS*r rRrrr* e,,- * Y

+TftRT-!:"r'i(r cRttitlrd Trgr1+ *h'# "ilSor*

rq*Trrrr.ar"'

tJ *.rr*

*, cb

ffiJm##,s H ffi*g.rrtu rrr'as wh.'t{oEr q Rr qrq *il':ffi *"_H- .#} .*---x

Page 90: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 91: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 92: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 93: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 94: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 95: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 96: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 97: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 98: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 99: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 100: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 101: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 102: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 103: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 104: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 105: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 106: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 107: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 108: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 109: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 110: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 111: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 112: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 113: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 114: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 115: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 116: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 117: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 118: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 119: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 120: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 121: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 122: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 123: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 124: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 125: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 126: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 127: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 128: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 129: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 130: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 131: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 132: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 133: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 134: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 135: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 136: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 137: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 138: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 139: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 140: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 141: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 142: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 143: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 144: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 145: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 146: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 147: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 148: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 149: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 150: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 151: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 152: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 153: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 154: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 155: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 156: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 157: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 158: ADARSH COOPERATIVE HOUSING SOCIETY:
Page 159: ADARSH COOPERATIVE HOUSING SOCIETY:

O a%nzf g.M A .\:t,fT,,

30rr,3r/ &/o-', V"-7"'y e%(r,*,@r. drta" %*"*tgloo/,0fl6,n/i, a/b,rl"i - r00 0/g. a{^/rb.&/. ; + g/-22-24g2 4477 / 2493 4488 . &o* , + g/-22-24g4 8f70 'v-,,r*it., tut;ilna4,44lin/p@ya,taa,ao,rn

January 1Otl',2011To,

1. Dr. Nalini BhatAdvisor

2rtMr. Bharat Bhushan\v' Director (Scientific IA)

3. Dr. A. Senthil Vel (IA - III)4. Mr. E. Thirunavukkarasu, (IA_III)\

All having address at ,Ministry of Environment & ForestsParyavaran Bhavan.CGO Complex, Lodhi RoadNew Delhi - 110 003

Re: Hearing held on 4th JanuarV, 2011 inbearing No.19 / 94 / 2010_IA-III dated

Madam/Sirs,

This bear:s reference to the hearing granted to my clients in the matter. During the

course of the hearing my clients were requested to adciress their submissions only

on the two points contained in the Minutes of the Meeting of NCZMA held on Llth

November,20'J.0 viz.

(i) I^/hether permission of the Competent Authority under the Coastal Regulation

Zone Notification had been obtained and the proof of such permission

that the use of FSI was within the limits permitted by DCR 1,967.

respect of Show Cause Notice12t1' November,2010.

1)

ffM'.i iYl-ll"--; -'-'---"'\o'-

| - - "

"-,At\-

),*\ t/ ''1"r," ' . ( i i)

Page 160: ADARSH COOPERATIVE HOUSING SOCIETY:

eY"nlZ.Md/-a"h

w

({tV>"h4

2) My clients were thereafter requested to give submissions in writing on the twoissues along with any additional documents that they may wish to submit. Apartfrom the same' after the hearing a questionnaire was handed over to my clientscontaining L3 questions dury signed by you the addressee No.l. subsequent

thereto' a corrununication was received by me on 4ft Januar y, 2[llrequesting for

submission of the following.

(i) A copy each of the handing over and taking over of both the plots,

(ii) The stage of consfruction in terms of number of floors, built up area, FSI

consumed etc. on the date the second plot was taken,

(iii) The chronology of events, specially pertaining to the permission obtained,

stagef s. of the construction etc.

3) On behalf of my clients I am forwarding herewith

i) The written submissions along with the necessary documents available with my

clients for the purpose of satisfying the two issues on which hearing was

limited on 4ft January,2011 (ANNEXURE _1)

Page 161: ADARSH COOPERATIVE HOUSING SOCIETY:

eY"ntrZ.M

ii) The answers/expranation/response to the queries raised

questionnaire handed over to my clients on 4th January,20l-1"

and supporting documents ( ANNEXURE _2)

iii) The documents/information sought for in your letter dated 4ft Januar y, 201"1,.

(ANNEXURE _3)

4) Please note that, the documents already submitted to you alongwith my reply

dated 15ft December 20'10, the writ petition No. 2402 of 2010 and the compilation

of documents(212 pages) handed over during the hearing on 4ft January 201.1 are

not being re-submitted.

5) I hereby again place on record that no site inspection has been conducted_by_either

the MoEF or MCMZA or NCM zldA and we would welcome a site vigit so that

MOEF can take appropriate decision based on a physical verification of the site

also.

&a]**

by you in the

(copy enclosed)

faithfully,

Page 162: ADARSH COOPERATIVE HOUSING SOCIETY:

ANNEXURE - 1.

WRITTEN SUBMISSION OF ADARSH:

1. The panel consisting of Dr. Nalini Bhat, Advisor, Mr. Bharat Bhushan ,

Director (scientific IA), Dr. A. Senthil Vel (IA - III), Mr. E. Thirunavukkarasu,

(IA-IID (hereinafter referred to as the Panelists), of the Ministry of

Environment and Forests (hereinafter referred to as MOEF), granted a

hearing to Adarsh Co-operative Housing Ltd., (hereinafter referred to as the

'Adarsh"), on 4th january, 2011,.

2. The Panelists called upon Adarsh to restrict its submissions only on two

issues namely;

(a) \Alhether permission of the Competent Authority as per the Coastal

Regulation Zone Notification had been obtained;

(b) \Alhether the use of FSI was within the limits permitted by DCR 1967.

3. The Panelists called upon Adarsh to submit proof/evidence in respect of the

two issues only. It was clarified by the Panelists that the show cause notice is

restricted to the issues in the minutes of the meeting of the NCZMA dated L1ft

November, 2010 and that no arguments pertaining to the other issues raised

bv MCZMA be advanced.

4. Adarsh therefore, craves leave to make submissions only on the above two

issues only in the form of these written submissions which are being filed

pursuant to the request made for the same by the panelists

I

Page 163: ADARSH COOPERATIVE HOUSING SOCIETY:

Q ;

5. Lr these submissions:

t) Adarsh co-operative Housing society Limited is referred to as "Adarsh"

ii) The State of Maharashtra/Government of Maharashtra is referred to as

"GOM'

iii) The Ministry of Envirorunent and Forests is referred to as "MoEF".

iv) The Notification dated L9th February 1991 published in Part - II, section 3

sub-section (II) of the Gazette of Lrdia (Extraordinary) is referred to as

"199L Notification"

v) The Notification dated 9ft JuIy 1997 published in Part - If section 3 sub-

section (II) of the Gazette of hrdia (Extraordinary) is referred to as "1997

Amendment"

vi) The Urban Development Deparbnent of Government of Maharashtra is

referred to as "IJDD".

vii) The Maharashtra Coastal Zone Management Authority is referred to as

"MCZ}|,'A'.

viii)The National coastal Zone Management Authority is referred to as

"NCZMA".

ix) The Mumbai Metropolitan Region Development Authority is referred to

as "MMRDA".

x) The Municipal Corporation of Greater Mumbai is referred to as "MCGM".

INTRODUCTION OF ADARSH:

a) Adarsh is a Housing society within the meaning of section 2(16) of the

Maharashtra Co-operative Act, 1960. The land in question on which the

building of Adarsh is located, is a parcel of land in Block-6 of Backbay

Reclamation Area, Near Backbay Bus Depof Capt. Prakash pathe Matg,

Page 164: ADARSH COOPERATIVE HOUSING SOCIETY:

Colaba, Mumbai 400 005. A-ward, admeasuring about 6428.s sq. meters

(hereinafter referred to as "the said Plot").

b) The said plot was allocated to Adarsh on occupancy basis in two stages as

set out below:

Adarsh was proposed in the year 1994 and object of the sociefy was

to secure housing for its members. Adarsh society vide its letter

dated 21ut September, 1999 addressed to the GOM sought an

allotment of 38-54 s1. meters out of Block VI, Backbay Reclamation

Scheme. The said proposal was thoroughly examined at the State

level as well as by the Collector and considering the representation

and correspondence exchanged between the society, the GOM and

the Collector, the GOM by a Letter of Intent dated 18ft january,

2003 and subsequent by a Government Resolution dated 9ft Iuly

2004 allotted 3758.82 sq. meters owned by it on occupancy basis to

Adarsh for construction of a residential building for its then

existing members and for members who would subsequently take

membership of Adarsh. The said land was gtven to the Society on

occupancy basis and on payment of sum of Rs.10,19,19,652/-

(Rupees Ten Crores Nineteen Lakhs Nineteen Thousand Six

Hundred & Fifty Two only) . A copy of the Letter of Intent dated

18ft January 2003 is arurexed as "Exhibit - D" to the Writ petition

No.2407 /2010 and a copy of the Government Resolution dated Sft

August 2005 is arrnexed as "Armexure - A-2" to the compilation of

documents submitted to MoEF at the time of hearing on 4ft ]anuary

2011 (hereinafter referred to as the Compilation).

Page 165: ADARSH COOPERATIVE HOUSING SOCIETY:

similarly, on Sft August 2005 the GoM arlotted land admeasuring

aboat?669.68"sq. meters to Adarsh society on occupancy basis and

on payment of Rs. 6,14,02,640/ - (Rupees Six Crores Fourteen Lakhs

Two Thousand Six Hundred & Forty only). A copy of the said

Government Resolution dated 5m August 2005 is annexed. as

"Arnexure - A-3'to the Compilation.

The satellite images were taken by Adarsh through the help of site

www.earth.google.com showing with the precision the location of

Adarsh vis-d-vis the other structures in the Backbay Reclamation

with a telescopic resolution and with reference to sea. Copies of the

said Satellite images are Ernnexed at "Annexure - A-g,,to the

Compilation.

(q ISSUE NO.l

whether permission of the Competent Authoritv under the Coastal

Regulation Zone Notification had been obtained by Adarsh.

A)Applicability of the notification 4ated 19th February, 1991 published in

subsequent amendments thereto:

operation and therefore the Notification is not applicable.

The Notification dated 19ft February,199'1. is hereina-fter referred to as

the "1991Notification" ar'd the amendment of 1997, is referred to as

ii)

iii)

Page 166: ADARSH COOPERATIVE HOUSING SOCIETY:

ii)

the "1997 Amendment". It is submitted that the 199i" notification and

the 1997 Amendment has been issued in exercise of the powers

conferred under section 3(1) and section 3(2)(v) of the Environ:nent

(Protection) Act,1,986 and Rule 5(3Xd) of the Environment (protection)

Rules, 1986 for the purpose of placing restrictions contained therein on

the "sefting up and expansion of industries. operations or processes,,

etc. in the Coastal Regulation Zone. The same is evident from the

caption of the L991 notification and the 1997 Amendment as well as the

purposes set out in paragraph 1 of the said notification.

A plain look at the 1991 notification reveals that the activities i.e.

industries, operations and processes are divided into "prohibited

activities" and "permissible activities". Prohibited activities are listed

in paragraph 2 of the said notification and regulation of the activities

which are not prohibited activities is provided in paragraph 3 thereof.

Paragraph (3) sub paragraph (L) provides as under:-

"Clearance shnllbe giaen for any activi$ zpithin the coastal Regulation zone

only if it requires watur front and foreshore facilities,"

Paragraph 3 sub paragraph (2) provides for clearance of the

permissible activities by the MOEF (1991 notification) and , GOM

(1997 Amendment).

v) Itis thus, evidentfromsubparagraphs (1) and (2) ofparagraph (3) that

clearance can be given only for an " activity" requiring water front and

foreshore facility. In other words for an activity which does not

iii)

iv)

Page 167: ADARSH COOPERATIVE HOUSING SOCIETY:

vi)

require water front and foreshore faciJity no clearance can be given

under the 1991 Notification andf or the7991 Amendment.

sub paragraph (2) therefore only regulates and provides for clearance

of the activities for which clearance is capable of being given under

sub paragraph (1) of paragraph 3.

vii) Thus, if construction of a residential building by a cooperative society

were to be treated as an "activity" covered under any of the provisions

of sub paragraph (2) of para 3 (particularly sub paragraph 2(iv)) then

by implication it would lead to an absurd scenario and would. mean

that the construction of Residential Building not being an activity for

which water front and foreshore facilities are required can never be

granted CRZ clearance by either the MoEF or 6u:ry of its Arms or the

State Government.

viii) In other words if the 1991 notitication and the L99z amendment were

to be interpreted to cover "construction of residential buildings" then

no residential building project could ever get environmental clearance

in the Coastal Regulation Zone. The same is clearly contrary to the

interpretation adopted by the MoEF, its Arm/s and the GoM during

the period from 1991 till date which is evident from thousands of

residential building projects having been given such a clearance by the

MoEF, its Arm/s or the State Goverrurrent as the case may be.

By a judgment rendered by the Division Bench of the Hon'ble Bombay

High Courf reported in AIR 1992 Bombay 471, in the case of [Goa

Foundntion and Anr. vs Tfu Konkan Railzuay Corporation and ors.f, the

rx)

Page 168: ADARSH COOPERATIVE HOUSING SOCIETY:

Hon'ble Bombay High court in paragraph g has clearly held that the

L991 notification is issued in exercise of the powers under section

3(2)(v)of the Environmental (protection ) Act, 19g6 and such powers

are exercisable only to cover industries, operations or processes.

lA/hilst so holding, it went on to observe that Railway lines to which

the notification was sought to be applied is not a "industry" within the

meaning of sections a(z)(v) of the 1991 notification and also held that,

such an interpretation would be fallacious. It further obsewed in the

said judgment that though "but:.dir:.g" which was otherwise prohibited

activity under the notification; it could not be treated as such for the

purpose of Railway l-ines, as it would have to be read in the context of

setting up industries or any operations or processes in respect of such

industries.

(Protection) Act, 1986 and the rules framed there under:

There is another reason why the 1991 notification and the 1997

amendment does not apply to construction of a residential building by

a Cooperative society or even otherwise to any construction actrvitv

for residential purpose.

ii) A plain look at rhe provisions of section 3(2)(v) under which the

Ministry has exercised its powers to issue such noti-fications reveals

that the same provides for "restriction of areas,, in which any

industries, operations or processes or class of industries, operations or

processes shall not be carried out or shall be carried out subiect to

Page 169: ADARSH COOPERATIVE HOUSING SOCIETY:

iii)

iv)

certain safeguards". The said provisions thus, put a restriction as

envisaged therein on "areas". The said provisions when read with

Rule 5 sub rule (s) (a) (b) (.) and (d) makes it clear that the rules also

prescribe restriction in only "areas" .

Rule 2(aa) of the Environment Protection Rules 1986 reads as under

2(aa) "areas" means all areas where the hazardous substances are

handled.

Hazardoas substance in turn is defined in section 2(e) of the

Environment (Protection) Act, 1986 to mean, any substance or

preparation whiclu by reason of its chemical or physico-chemical

properties or handling, is liable to cause harm to human beings, other

living creafures, plants, micro-organism, property or the environment.

v) Thus, it is evident that the said notification/s would take into its ambit

industries, operations and processes which are being carried out in the

areas where hazardous substances are handled. The same therefore,

by no stretch of imagination could be applied to pure residential area

such as Block No.6, Backbay Reclamation, Capt. prakash pathe M*&

Colaba, Mumbai where no such induskies, operations, are being

carried out.

In *y event, on the plot on which the building of Adarsh stands or

around there is no such area which has been identified. Thus, the

limitation/restriction imposed by the 1991 notification and the 1997

Page 170: ADARSH COOPERATIVE HOUSING SOCIETY:

and 2003 amendments could/cannot by any stretch of imagination be

applied to the building of Adarsh or to the area on which the building

stands. There is no indication or allegation in the show cause notice

which states that the area on which Adarsh stands or the Backbay

reclamatin would be "area" as defined under Rute 2(aa) of the

Environrnental Protection Rules.

vii) in view of the above, Adarsh was not required to take any clearance

under 1991 Notification or the 1997 ammendment for construction of

the building forming the subject matter of the show cause notice.

lnsistence upon such clearance would therefore be inappropriate and

would not be in conformity ".ith

the provisions of the Environment

Protection Act, 1986 and the 'l.gg1 Notification or the lgg7

ammendment.

obtained bv Adarsh

without prejudice to the submissions made above, Adarsh submits

that it was advised to seek cRZ clearance at the relevant time and

acting on the same, it had acquired clearance from the GoM which fI

was admittedly the Competent Authority at the relevant time. The i

same is evident from the following;

(a) On 5ft October, 2002, the Urban Development Departrnent, of the UDD

of GoM requested the MoEF for grant of Noc for development of the

plot allotted to Adarsh by the GOM. Irr the said letter, the UDD

Page 171: ADARSH COOPERATIVE HOUSING SOCIETY:

. . ' /

pointed out that the Chief Promoter, Adarsh had by letter dated 3'd

August, 2002 applied for allocation of the Government land and that

pursuant thereto the GOM had modified the sanctioned Development

Plan of Backbay Reclamation Area reducing the width of PrakAsh

Pathe Marg, from 60 meters wide road to 18.40 meters road. It was

also pointed out that the land under reference is situated in the CRZ -

II category and is situated on the west side of Capt. Prakash Pathe

Marg, on which side development for residential and com:rrercial

activities was in existence. It was further pointed out in the said letter

that considering the aforesaid factors the GOM had decided to allot

the plot to Adarsh for residential development. A copy of the said

letter is annexed at Exhibit-H to the Writ Petition No.2407 at page 117.

A copy of the same is enclosed herewith for ready reference and

marked as Annexure-A.

(b)On receipt of the said letter from the GOM, the MoEF addressed a

cornmnnication datedj:d.Pec9grbe1, 2002 to the GOM calling upon it

to send the plot bogldary*ggpel imposed on the approved revised

Coastal Zone Management Flan of Greater Mumbai, indicating the

presence of authorized structure or road (existing prior to 19.2.91). . .__ . :1+- " - . - - - - * * * ; ; l ; *

abutting the proposed site on the Seaward side. The said letter as

issued by the then Joint Director, Sfui. A. Senthil Vel on behalf of

MoEF. Copy of the said letter is annexed as Exhibit-I to the petition at

page 119. A copy of the same is also annexed herewith for ready

reference and marked as Annexure-B.

kf " , '

10

Page 172: ADARSH COOPERATIVE HOUSING SOCIETY:

€$o

(c) The GOM upon receipt of the said letter, by its letter dated 4ft January,

2003 forwarded the necessary information and documents pointing out

the structures which existed prior to L9ft February, 199'1", abutting the

proposed site on the seaward side. The said letter was personally

handed over to Mr. A. Senthil Vel, Joint Director. A copy of the said

letter is annexed as Exhibit-j to the Petition at page 120. A copy of the

same is also arurexed herewith for readv reference and marked as

Annexue-C.

(d) Upon receipt of such information and documents from the GOM, the

MoEF by its letter dated 11m Marclu 2003, informed the GOM that

MoEF had already delegated its powers to the GOM for undertaking

development in CRZ-II and accorded its nc objection for the proposed

construction to come up on the designated land as per 1991

Notification (as amended from time to time) and the approved revised

Coastal Zone Management Plan of Greater Mumbai. The relevant

extract of the said letter is reproduced hereunder.

"This Ministry hns already delegated the poruers to the concerned State

Goaernment for undertaking deoelopment in Coastal Regulation Zone-IL

Accordingly, the proposed construction may be taken up as per the Coastal

Regulation Zone notifcation 1991 (as amended from time to time) and the

approaed reaised Coastal Zone Management Plan of Greater Mumbai".

A copy of the said letter is annexed as Exhibit-K to the Writ Petition at

page 121. A copy of the same is also annexed herewith for ready

reference and marked as Annexure-D.

Page 173: ADARSH COOPERATIVE HOUSING SOCIETY:

(e) If the communications beginning from 5ft October, 2002 exchanged

between the GOM and the MoEF iue seen in reference to each other

and in continuity, it is evident that on 1.1th March, 2003, the MoEF had

acknowledged the powers of the GOM to grant clearance .to the

project of Adarsh and had also accorded {1 rro_. gb-jection t9 the

proposed construction to be taken up as per the 1991 Notification (as

amended from time to time) and the approved and revised Coastal

Zone Management Plan of Greater Mumbai.

(f) Pursuant to the said letter dated L1th March, 2003,by which the MoEF

111 commtnfated its no objection as set out hereinlbove, the. UDD

of GOM which was the department designated by the GOM for :

granting clearance under the Envirorunental Protection Act accorded

it's clearance to the development to be carried out on the land allotted

to Adarsh and communicated the same to (1) The Chief Engineer

(Development Plan Brihanmumbai Corporation), (2) Chief Planner

(MMRDA) Mumbai, and (3) The Executive Engineer (Building

Proposal), Municipal Corporation of Greater Mumbai and the

Chairman, Adarsh Society. A copy of the said clearance is annexed as

Exhibit-L to the petition at page 122. A copy of the same is annexed

herewith for ready reference and marked as Annexure-E.

(g) Thus it is an undisputed position that the necessary clearance under

the 1991 Nofification (as amended) for the building constructed by

Adarsh was given by the State Government/GOM which was

undisputedly the competent authority to give such clearance by

virtue of 199'1. notification (as amended from time to time) and the

Page 174: ADARSH COOPERATIVE HOUSING SOCIETY:

ffi

PlanrLing Authority, viz. MMRDA and all other authorities acted on

the said clearance grven by the GOM pursuant to the letter dated 11th

March 2003 issued bv the MoEF.

(h) It is submitted therefore, that the no objection grven by MoEF's letter

dated 11th March, 2003 to be read alongwith the copies of

communications which are enclosed as Annexure A to C taken

together along with clearance given by the GOM in exercise of its

powers delegated to it under the 1991 notification constitute a valid

clearance which is in strict conformity with the 1991 notification (as

amended from time to time). The allegations in the show cause notice

about the building of Adarsh having been constructed without prior

clearance under 199L Notification is therefore, misplaced and

incorrect.It is most respectfully submitted that Adarsh cannot be called

upon to justify the coorectress of the decision of the GOM to grant

clearance in this hearing.

(0 The MCZMA had raised a contention that the GOM could not have

issued such a clearance in view of MoEF being the appropriate

authority under the 1991 notification. It also questioned the

correcfrress of the MoEF decision communicated by its letter dated 11m

March, 2003. The contention of MCZMA was rejected and negated by

the NCZMA in its meeting dated lLtt November, 2002 which is evident

from the minutes of the meeting handed over to Adarsh during

inspection of the documents on 20th December 2010. A copy of the

minutes of NCZMA are annexed herewith for readv reference and

marked as Annexure-F.

13

Page 175: ADARSH COOPERATIVE HOUSING SOCIETY:

(1)

0) It is also important to point out thaf MCZMA in exercise of its duty

had as far back as 3.d November 2009 addressed a couwrunication to

Adarsh seeking details and documents relating to clearance obtained

from statutory authorities. Adarsh had responded to the same by its

communication dated 17th December 2A09 and had furnished

necessary documents. The MCZMA being satisfied \Mith the

explanation furnished by Adarsh took no further steps in the matter.

(k) PRroR CTEARANCE

hr the year 2000 when ADARSH made an application for allobnent

of land to GOM, the procedure relating to clearance of activities for

the purpose of the Environmental Protection Act was governed by

the1997 notification. The said notification provided for a clearance

by the State Authority. L any event MoEF in its Show Cause

Notice also admits that the powers to accord clearance to activities

involving investments of more than Rs.5 crores were delegated to

*re "State Authorities". The same is also admitted in the minutes of

the meeting of NCZMA and extract of which has been supplied

along with show cause notice as also the Press Note released by the

MoEF on 28ft October. 2010.

Thus, clearance accorded by the UDD of GOM vide its letter dated

15ft March, 2003 and thereafter by the MMRDA whilst issuing

cornmencement certificates from time to time and subsequent

Occupation Certificate dated 16th September 2010 cannot be faulted

with especially on the ground that the construction of the

(ii)

Page 176: ADARSH COOPERATIVE HOUSING SOCIETY:

{fry

residential building of ADARSH did not have a clearance under the

Environmental Protection Act as contemplated by the 1997

notification and the same is valid.

(iii) Without prejudice to above it is submitted that in ar,y event the

"clearance" contemplated by the 1991 Notjfication and the 1997

NotiJication does not in any marurer suggest or mandate a

clearance prior to construction or occupation. The same is opposed

to a "priot clearance" in the case of Environ-rnent Impact

Assessment as contemplated in the EIA Notification dated L4u'

September 2006. It is submitted that, the intention of the Legislature

in excluding the word "prior" before "clearance" makes it clear

that, the "prior clearance" is not required. The Supreme Court in its

one of the celebrated |udgmentof 'LIC vs. Escorts Lfd" reported in

(1986)1SCC264 held that,

"thnt the Parliament made distinction between permission simpliciter and

preoious permission and the same is clear from the use of the qualifuing ntord.

in some proaisions while its non-use in some other proaisions of the Act. The

signifcance of such use and non-use of the qualifying word should not be

disregarded. This shaurs that, the Parliament deliberately aaoidcd the

qualifying word "preaious" .

hn the present case the word "clearance", cannot be limited to

"prior" only but comprehends subsequent clearance also. The word

clearance rn199'1, Notification and1997 Notification is not qualitied

by the words "prior" or "previous" as opposed to the same is used

in EIA Notification 2006. Though the qualifying word may be

(iv)

Page 177: ADARSH COOPERATIVE HOUSING SOCIETY:

l5-3

o

(")

implied if the contextual situation or the subject and the design of

the Legislation demands it, but here in the present case there is no

compelling circumstances justifying the reading any such

implication into. The Legislature has deliberately not used the

word "prio{' before "cleararace" fi 1,991, Nofification and 1997

Nbtification and the same cannot be ignored autd/or disregarded.

Adarsh has obtained the clearance from the UDD, GOM on 15ft

March 2003. Without prejudice to the same Adarsh submits that

the building of Adarsh is in compliance with the conditions of the

L991 Notification and the 1997 Notification and necessary clearance

for the same as may be thought necessary by the MoEF may be

granted today. Adarsh will render all co-operation for the same.

!,u ISSUE NO.2

The use of FSI was within the limits permitted bv DCR 1967:

1. It is submitted that the GOM which owned a huge plot of land in

Block No.6, Backbay Reclamation allocated initially 3758.82 sq. meters

of land to Adarsh on occupancy basis for a consideration of

Rs.10,19,19,652/-. (Rupees Ten crores Nineteen Lakhs Nineteen

Thousand six hundred fifty two only) The same was done in

accordance with the policy of the Government set out in the

Government order/GR dated 9ft July, 1999. A copy of which is

annexed as Annexure A-1 at page 1 to the Compilation. (Hereinafter

referred to as the compilation). Thereafter, at the behest of Adarsh

additional land admeasuring 2669.58 sq.meters was allocated to

L6

Page 178: ADARSH COOPERATIVE HOUSING SOCIETY:

Adarsh on occupEmry basis under the said GR on 5th August, 2005. A

copy of which is annexed at Annexure-A-3 to the Compilation at page

6L. The relevant property card,/ s showing ownership of the GOM on

the said land are annexed at Annexure-A6,page 78 to the compilation.

2. As per DCR 1967, the FSI permissible on block No.6 in Backbay

Reclamation is 3.5. . Adarsh has not crossed the said limit of 3.5 in

consumption of FSI. Infact Adarsh has consumed an FSI of '1.32 for the

purpose of construction of its building. The same is evident from the

sanctioned plans of the MMRDA particularly the sanctioned plan

dated L6th September 2010, a copy of which is at page 156 to the

Compilation. Copy of DCR 1967 is annexed as Annexure-A-1"3 to the

Compilation (relevant page 173). It is submitted that the

sanction/approval for the plans are still valid, existing and inforce

and the validity of the same cannot be questioned by any authority

which is not entrusted with the task of a Planning Authority for the

City of Mumbai. The same would otfrerwise tantamount to an

authority sitting in appeal without the powers of a appellate authority.

3. Without prejudice to the above, it is submitted that the provisions of

the MRTP Act MMRDA Act, the Rules framed there under or the

Development Control Regulation applicable to the city of Mumbai do

not prevent/bar ut'tlization of FSI of a plot of land on any particular

area identified by the owner on the same land or allowed to be

identified by him on the said land. Further the provisions, of the

above acts/regulations also do not prohibit utilization of FSI of one

plot on the contiguous/adjacent plot by authorized occupants of the

Page 179: ADARSH COOPERATIVE HOUSING SOCIETY:

two plots of land under the ownership of the same owner. Thus, even

if it were to be assumed that the plot allocated on Sft august 2005 is a

separate plot, the same_being contiguous to the land on which the

building of Adarsh stands and under common ownership, there is no

violation of law in utilizing the FSI of the same on the land on which

the building is situate. Thus the question of amalgamation of plots as

sought to be suggested does not arise. The decision of MoEF based

upon the recommendation of NCZMA in relation to violation of the

FSI norms is unsustainable and contrary to law.

GENERAL OBIECTION TO THE NCZMA RECOMMENDATION/

DECISION:

1) It is submitted that the show cause notice dated L2ft Novenrber, 20L0

issued by the MoEF is based soiely upon the conclusion and

recommendations of the NCZMA record in the minutes of the meeting

of the NCZMA held on 11th November,2010. The same was also

clarified by the Panelists in the hearing held on 4th fanuary, 2011. It is

submitted that from the record it is apparent that all arms of all

statutory authorities have acted in apparent and undue haste pursuant

to the media reports thereby converting the otherwise meritorious case

of Adarsh into a Trial bv Media.

2) The sequence of events relevant from the MoEF PERSPECTIVE are

given hereunder:

Page 180: ADARSH COOPERATIVE HOUSING SOCIETY:

{.mo

Date Sequence of Events

Period from 1sthMarch,2003 to 30mOctober,2010

Necessary sanctions were obtained by Adarsh from

various authorities under the Environment

Protection Act, BMC Act, MMRDA Act, etc. and the

building of Adarsh was constructed over a period of

excess of. 5/7 years. Occupation certificate was

issued by MMRDA on 16ft September, 20L0.

28th October,20L02010

Press note issued by the MoEF purporting to clarify

that the letter dated 11th March, 2003 was not

clearance under the CRZ notification 1991 nor no

objection certificate.

30m October.2010 The GOM, acting on the representation of MoEF

without application of mind issued directions to

MMRDA under Section 154 of the MRTP Act

directing MMRDA to revoke occupation certificate.

30ft October.2010(Saturday)

31"1October 2010(Sunday) BEST issued notice threatening

eiectricity supply within 24 hrs.

In the prompt compliance MMRDA revoked

occupation cerfificate without application of mind

and giving any hearing to Adarsh on the pretext of it

being bound under orders passed by the GOM

under S. 154 of the MRTP Act.

disconnect

2nd November 201.0 BEST disconnected the Electricity suppiy to the

building of Adarsh.

Page 181: ADARSH COOPERATIVE HOUSING SOCIETY:

f lr# l

3.d November 2010 MCGM disconnects the water supply to the building

of Adarsh without grving the later an opportunity of

being heard.

3'd November 2010 MCZMA held a meeting inter alia to consider

purported violation of CRZ notification by Adarsh

and decided to refer the case on CRZ violation to

MoEF for further action.

9th November,2010

MCZMA referred the matter of alleged CRZ

violation to the MoEF by its letter of 9m November,

2010.

11th November,2070

NZCMA takes up the issue of violation of CRZ

notification by Adarsh out of turn and on the same

day recommends demolition of the building of

Adarsh

12th November,2010

Show cause notice issued by MoEF calling upon

Adarsh to furnish its reply within 15 days of the

receipt of notie.

24|fi November,2010

Since the show cause notice was received by Adarsh

orrly on 15ft December 2010, Adarsh sought time of

four weeks to grve comprehensive reply.

29'*. November,2010

MoEF granted only 7 days time to file reply.

6e December,1010 Adarsh renewed its request for inspection of

documents made on 29th November, 2010 and also

for hearing along with enclosures.

i . " - ' i t ' ' " * " ' i

Page 182: ADARSH COOPERATIVE HOUSING SOCIETY:

iltr;'f l J

t",' , : l ' '

\,, d, r ' i .

, . , , ; '

15th December20't0

Adarsh filed its comprehensive reply to the show

cause notice without prejudice to its right to file

additional reply pursuant to inspection of

documents

28th December,2010

Hearing fixed by the MoEF. By letter dated L8th

December 2010 Adarsh requested for time for

hearing as counsels in Delhi were not available due

to High Court Supreme Court vacation. Upon such

requesf MoEF deferred the hearing by one day and

kept on 29ft December,2010.

27th. December,2010

Due to heavy fog situation in Delhi and delay in

flight etc. it was reported in all the newspaper,

Adarsh sought time for hearing in the L't week of

January,2011,

28tL December201.0

Hearing was {ixed on 4ft January,2011

The above sequence would clearly reveal the urgency with which the

MoEF and all other authorities have acted in the case of Adarsh pursuant

to media reports. It is of coulmon knowledge and understanding that

such stern measures infringmg fundamental rights of the members of

Adarsh were neither emergent nor not required.

3) A bare perusal of the minutes of meeting of the NCZMA would reveal that

the issue of violation of CRZ was not an agenda for its meeting to be held on

11ft November,2010, yet the Secretary Urban Development Departunen! the

2 t

Page 183: ADARSH COOPERATIVE HOUSING SOCIETY:

Secretary Revenue Departnent Secretary MMRDA and Secretary BMC, from

the State were present at the said meeting. From the said minutes it is evident

that NCZMA rejected the contention of MCZMA that lltt MarclU 2003 letter

was incorrectly issued by the MoEF and had confirmed the validity and

correctness of the same.

4) It is further evident that NCZMA to come to the conclusion that there has

been a violation of CRZ notiFication relying solely on statements made by the

Secretary UDD and the Secretary Revenue Departnent without any

supporting documents or evidence. It is further evident that the statements

of the Secretary, UDD are contrary to record of the MMRDA and is also

factually incorrect vis a vis the utilization of FSI and ownership of the plot of

land allocated to Adarsh. The Secretary, UDD's, statement that'1..77 FSI has

fsgn ut'lizgd is contrary to the approved plans. It is nobody's case that the

actual utilization of FSI is in excess of the approved plals. Adarsh welcomes

a site inspection for the purpose of ascertaining the same. Similarly, the

statement relating to the land belonging to the BEST is totally contrary to the

record vu. and most iresponsible to say the least. The property card and the

allocation letter dated 5tt' Augusf 2005 by the Government of Maharashtra

clearly show the land belonging to GOM and was allotted/granted on

occupancy basis to Adarsh agairut payment of an amount of Rs. Rs.

6,'1,4,02,640/ - (Rupees Six Crores Fourteen Lakhs Two Thousand Six Hundred

& Forty only). Thus, Adarsh has paid an amount of Rs.16,33,22,292/-

(Rupees Sixteen Crores Thfuty Three Lakhs Twenty Two Thousand Two

Hundred & Ninety Two only) for the allocation of the total land admeasuring

. 6428.5 sq,,meters. It is also evident that the secretary, Revenue Department

who is not the Competent Authority to corrunent on either the environmental

Page 184: ADARSH COOPERATIVE HOUSING SOCIETY:

5)

violafion or violation of FSI norrns has made statement in respect of said

issues which are acceptgd and acted upon by the NCZMA without seeking

any proof of the same.

It is further important to note that Competent Planning Authorities viz. the

MMRDA and MCGM were not called upon to give any clarification or say in

the matter though they were adequately represented in the meeting. It is

submitted that, the MMRDA had conducted a physical verification of the

construction before the issuance of Occupation Certificate dated 16ft

September 2010 and had penalized Adarsh to the tune of Rs.39,74, ?35/-

(Rupees thkt Nine Lakhs Seventy Four Thousand Two Hundred & Thirty

Five) for some minor variations. Adarsh has duly paid the said amount

thereby regularizing the variation and it was only pursuant such payment the

Occupation Certificate dated 16e September 2010 was granted by MMRDA.

The show cause notice which is based solely on the allegations and

recommendation of NCZMA arrived at because of the statements made by

the Secretary UDD, GOM and the Secretary Revenue Departmen! GOM is

therefore, misplaced.

7) Adequate cause has been shown by Adarsh to the said show cause notice. It

is therefore, submitted that the same be withdrawn with immediate effect.

6)

23

Page 185: ADARSH COOPERATIVE HOUSING SOCIETY:

GoVERNMENT oF rvrArrrusrnrtra-- ff m *' tll / t f .ffif ' &f l \ , , " : , tn , l

Pi,, (p<od pos1 No.'l 'PB 2oeel10e5/ot{ ts4leel

- v U D - 1 2rt_- urbnn Development DepartmentMilnhalnva,Mruubqi.40O O32'Darc:,fl.?C)ctober, 2oo2'

' l 'o

'l'hc Sccretary,M inistrY ol' l lrtvirur t lt tt: tt l. &, lio tr:$ts,Paryavaran Bltavart, CGO courplcx,Intltri Road, Neu/ Dcllri 110OO1'

Ref:- Chlef promoter, Aderch CHB letter dated gla|2oo2

(coPY eneloredl

Sir,

The chief Pnrmoter, Adarsh CI-IS vide its lctter cited above, have

rcquested Govt. of Maharashtra to grant Govt, land for construction of

welfare and housing facility to serving and cx-sewicemen of Defence

sewices. Considerine th. oqoest o['ilrJsociety an<i gxistigg situaticn in

the srrrrounding area, the State Govt' had m{ifigd the sanctioned

Development Plan of Backbay Reclrunation area reducing the,wi{t! $Pqmt. wide rrad. to 18.40 mt. road and, proposes to allot. some land deleted

ft";;;-i" et-;i;.'b;i;ry subjr:ct-to MoEF, cRZ notilication dated

Lel2 l lee l .

T h e p l o t u n d e r r e G r e n c e i t r s i t u a t e d ' f u I . 4 ' w a l d o f M r r n i c i p a lcorporation of Gr. Mumbai and on the wcst side captain Pralrash Pethe

Marg.

AspertheCZMPfierRri l rarrMumbaiMunicipalCorporat ionareas a n c t i o n e d b y M O E F v i d e l e t t e r < l a t e d . 1 9 / 1 / 2 o o o , t h e l a n d r r n d e rrefcrence is situatccl i' QI3?-ll. catcgory and is iituatetl betwcen existing

Backbay Rcclasrati.n BES'il Bus'Dtpot anrd of existing ryad.- lfherlevelopment is permissible as pcr ilevelopme*t Control Regulation

prevailing as "o

1gl2l l9?1, 'l'Le infrastructure f,acilities such as

electricity, water supply, clrainage etc' are also is in existence'ltle land is

situatecl on tlre wesi siae or thi capt. prakash pethc Marg on wtich is

developm.c't for resitlential .r*,1 c.imrncrcial proposes is in existence'

Sub:tr Dggelopqent penmtsslon pn lsnd deleted 6Q'9Omt'

\le-1&14-.ln!-.-r.ge{f-o-.r--rppl{spJlC-PgrPp!e{:-PsB\ [ 6ellUl.te JL .A:{ersbse: oE ncg-& slelv'

t

Page 186: ADARSH COOPERATIVE HOUSING SOCIETY:

25

. , ] ' i

t" tII

I

. - \ \ -

cons irlerins thel* fac f s t" :jl',: .::l.lr'iT,$:ii::t J :'s$ lI: "l l'o*'

;i;;;d the Adarsna Flousuts

'rlre rnocl ilication t" llf '':i:":l;"i'Jru1"'H' # ; * Y }qf #?:

ffi "t;ll"}iitaitl"'ln*iti:i"-.*t}"-i*iil'-#J;.'l:"':.$'ffi [

iTri"""'A trrat N QC- ftrr rlcvckrpt

of D.P'be issued'

Arl clocunrents such *'Tfif xllx' $eii:ilb1ff'l"fi;;r''*ashowing plot under refcretrce' n I r' '.]^*

i

Lr"witfr' '

Yours faithfullY'

tA ,olc-, 9dJ9

1n.v :-f.:: []Sl" r n e nr.

Dy. Secrctary toDncL Asabove'

Bunde

Page 187: ADARSH COOPERATIVE HOUSING SOCIETY:

E**4,'$nm.ktF.No.J. tr AL J l 46t2002_tA tII

GOVERNMENT OF INDIAISTRY oF ENVIR.INMSNT rNn nonrsr.(IA_III Division) .,

-?tt%iHi:tLoclhi Roadq, wvtv€tvlm+j

#*/*_New p:rhi - ilo;o;

/ Dated 2nd Decemb er.2002.Sh ri P.\/-Deshm.ut<Jr,Dy. Seeretary,Govt.of Maharashtra,

Y:b* Deve I opment Departmcnr.vrantralaya, Mumbai 400032.

l !

' 'r'{ 'Subr Developriront Permission ou land cleleted.-60.g6 rnt.'To 1g,40 nrt. Roecid{ U L fJJ:::ilHLsf:$*dffi'llll'lu to vr, turarsh fo-originarr f l , r . . [

- Y5'r 'vq ' r -^)B' o i ' [ iE-J '

t-I*,"o<il| 'd^' This has' reference to youl letrer No. TpB 200gi10g5/cR l5{/gg ,laied 5not:tnher' ?002 regarding the-ibor'. ;i"a r"i:..i rr thc abovc lcrr"r i[ is i'rliuatcd' thar HrL and cRZ .uri,*oriruti"; ;ffi;.';ir., b.un ."i;;;.

. However, tlesame is not received by us' runnerlol-;..;+.*ed to send,the ptot uounaarysttpnr impnsed on the approrroa rtvioed c"t oiion lv{anagcruc't pja' uf GrpatvrMnmbai indicating the'p'ra'':nce.of authori"J ,t

""toe orload ( ,*irt"a prior.to19.2,9r) abutting t\e pioposed site o' the searvard side.

To.

fW ='\hr -l-\ ,1 fl

hr. F "q\ t' i- !-r --r

, ̂ ^ /.,19. ,trot'

--'----:-l q c r l

r l j i ta

- J Cotnn De)\z/cn /K(

. . _ L' ) ) t lc r5

Vgrils faitl-1ully,i ' i lN , . . J

Ca,k"tfrfr, --Jrrint Director

:-'FF& t v n l

l " r l t L

r l, \ \ !\.- \' !' t

?rtzo4t'/t 7 7I

tt'ntt qrd qz

itttt----€.t \

^ \l \ _

$tR.nln 4 ̂

I t* rr ciral

\lo at<{b c}q t ro\ a it|"f .4/Creriv 1t'.n ry-t' *t a, I' t^j 1),,f.--)nr(,n nn a'

#

Page 188: ADARSH COOPERATIVE HOUSING SOCIETY:

o

To

trl

Encl: As above.

e-gm6;' u \s"u rtsnJm*

2#GOVERNME}TT OT IfiAIIARASHTRA

il:t"1l"?tlo p me n t D e p artm e n tMumbai 4OO 032.Date: {.. January, 2OO3.

The.Joint Director,tvrrnrstry of Envirr(IA-llI di"i"t"i"onment

& Forests

Paryavaran Bhavan, CGO Complex.Lodhi Road, New Dolhi rld6oi1.'^,

Sub:_ 3".":af:.-lt n"r*i*on andlaud detetet 6o.e6;Ti:iil1i-]rl-1 13"l t"".irTiltiar purpos e s.society.

t Vr' Adarsh co-op. HJ*rlg--"'

Ref:_ your letter No. F.No.J_11911 /46/2OO2_IA_[Idated 2"d December, 2002. -, ' -1 a!

Sir,

i"f"'-:;i:;r?:rat: requested to above cited subject. As desired follorving

i:1#i;il#;*ffi TlT,ff *TT:",:'ffi'n".,"JlTt!:'Tn j[:f

yours faithfulty, _..

/ tMrr ya6"flfi1nt.

Dy. Secretary to Government.

!c-

Vz rrtt - ty

(""*-U,^h,v\AI sl\J t^l' {-+tl^i ',"tq?- E_,rL; ^_-.1 l;?.

. mwE F

{*'{-Tr1M.

Page 189: ADARSH COOPERATIVE HOUSING SOCIETY:

Effi FrTu'!- LJF.No.J. t7 aW 4 6 t2002_rA III

*,*,f il.#ff;*:*fro*,.gA-m Division)

paryavaran Bhavan,C.G.O. Complex, Lodhi Roaj

New Delhi _ I l0 003

oatea f ls

March,2003

€'}

T*26

t:tf"--

To,Shri p.V.Deshmuldh,Dy. Secretary,Govt.of Maharashtra,Urban Development Department,ivrantralaya, Mumbai 400032-

sub: Dcvelopment permission on rand.dercted 60.g6 mt. To 1g.40 mt .Road forrcsidantial purposcs' BBR Btocrr ii i to vI, Adarsh co-op.r"tire Housiug society.

sir,

'( * t( *

This has reference to your letter No. TpB 200g/10g5/cR-t54/ggruD 12, dared 4thJanuary' 2003 regarding tle.ut3..t *."ii*.0 "uou.. ar'pr.iiJi"r"*oion provided in theabove letter and the revised coastal z";;'il;;.gement plan of Greater Mumbai, it is noted thatthe proposed residential comptex i;[;t,iiilrrJc"*ii n *,";,;;""e-II area. rni. vrini.t,yhas .already delegated_ the'powers ;";il; concemed Siate Government for undertakingoevelopment in coastar Regulation zon"-Il.fcordingry,-rr,, pr-o"fred construction mav be.lH:ffi .*:ii:,i,:T3:*:fgl"""m*#f;";;:{{lS*dJ.ffiTt1rrom,ime,e,-ime)

Yours fai

(A. Senlhit Vct)Joint Director

Page 190: ADARSH COOPERATIVE HOUSING SOCIETY:

'ffi* Flno *"ffi. r

Governnrent oI Maharashtra

ToThe Chief Engineer(Development plan).Brihanmumbai Municipal Corporarion,Fort, Mumbai.

^

Sir,

21o F{')

.t

' I

: l

I , i '

1fr.

No. TPB 2099 I rcgS / CR_ts4/99/UD_ 12Urban bevelopment Departmen II{antrathya, Mumbai_400 032.Dared : 15th March, 2003.

bSubject : Development permission on iand deleted60,96 mti. road for residentiaip"rp"rr, ngnHrock rrr to vr, Ad.;J;;;;; #J";"* society.

Reference, t) ro"flr.: |1l.i * TpB zoeeA 0esicR_154/e s ND _rzdated 10rh April, 2002.

2) yOlF letter No. FF No. J_7701t/46/2002 /1A IIIdated l1th March. 2003.

b

The Goverprnent in Urb"an De'elopment Department viae Notincadon No.TPB z'eetr'ss1cR_1s4let iAJ;;"_r;,l";,e.d

.10th April, 2002 sanctioned themodificarion to the Deve-rop-.oi pi; ;;M;.bai Backbay-n".ri"rio" area undersection 31 (z) ot'nr yyrt:1o" n-g,"""i* r1"" ti""ir"g er, ,nuu ,, regardschange in the width of rhe prakal p";; M"i{. ny ,rirtu, oitr,i modification, thewidrh of prakasrrpethrMarg was ,o"dtil';rs aa' ;;.- fd;;7 mhs. and inthe area so dereied. u, showo ." trr.- r"""mpanied plan of the Notification wasincluded partty in residential ,";: ;;;.;;lrouoo, Helipad and BEST Depot. Thematter was refe*ed to the.Ministry;ft;;;ent, Governm"n, oiirraiu as regardsmodification since it fats in qRzil ;;;:'il;., specifica'y noted in the Nodficationthat the developmenr of rand *i,ni"'i*.oi

^ry;:u..u ini-ii-ril* o" subject tothe conditions mentionedio cou.-tril"olorrooi., Ministry of.Environment andForests Norification No. so 114 cgi ;*ilgrh Februdry, 199i as modified from dmeto time' Accordingly, the refere#e ,;;;. ro the Government of India M.EFseekmg permission for.tlre^A;far.rr" cr*plii"using.society -.'"* *"* to have abuilding on the rand which falrs il ;##"I'zon. uid" cou.ro*roi rerrer rrated 4thJanuarv' 2003' The rrai"rrrv- oi E;;il;:l; and Foresrs have communicated rheirg-oujr"-[e to urro* it" i;ra *.ii.",iri'oru.ropo*ent since it fars within theuoasrar Reguration Zone Ii .*u *ti"r-l"irrl* ,rr. oor*, oiNoiiii"",ion dated 19rhFebruary' 1991 and any-.1{q19nts *;d. "ir."r"rn

made upto 21st Marthere appears therefor6l ng objectio-n Jg--eu;.the resiienii;i a;, #li' ,Iiil;Adarsha Co-op. Housing s;a#o" fi*;AIn.,uosa in r"r-i.i^Jn,tiin" as per the

Page 191: ADARSH COOPERATIVE HOUSING SOCIETY:

t '3O

O, i

notificatibns sanctioned by the Government.^ The c.py of the letter dated M.EFdated 11tti March, 2003 is;r;i;r.J jHffi for reacry refercnce.

Yo)>*'l;"''''

frvlvryo1rffi"*l

Deputy Secretary to GovernmentCopy to :1) chicf pranner, Mumbai Metroporitan Region Dcveloprnent Authority, Mumbai2) The Executive Engineer c nrof. fifi"r";) , Municipar coqpbrarion of Gr.

. Mumbai, Byculla.

- 3) The Chairman, Adarsh!Co-op. Housing Society, Mumbai.

12-Mar-03

Page 192: ADARSH COOPERATIVE HOUSING SOCIETY:

offir*b P 'r

The 2oth Meeting of the Nationai coastal zone ManagemcntAuthority (NCZMA) was held on 11th November,2olo in the Ministry ofEnvironment and Forests. The meeting was chaired by Shri vijai sharla,Chairpcrson, NCZMA and Secretary, MoEF.

The chairman welcomed the Members of the NCZMA to thc thirdmccting after its reconstitution. He stressed. that as decided in theprcvlous mcctings, a-rea wise reclassification proposals should bcconsidcrcd instead of individual separate proposalslor individual plots.

Aeenda rtem No. 1: confirmation of the minutes of the previousmeeting held on 2Z.OL.2OLO.

l'he minutes of the 19th meeting of NCZMa2010 wcre confirmed.

Aeenda rtem No. 2: Action Taken on the minutes of the previousmeeting.

- Dircctor (BB) informed that during the 19rh mecting of NCZMA, thcpcrf'rmanccs of thrce scZMAs ner-mely Rndhra pradesh, Maharashtra and'l'amil Nadu werc reviewed. perfo.*.rr". of the remaining scZMAs wouldbc rcvicwcd in the next meetings of NCZMA. He {urther informcd that allthc rcclassification prclposals were referred back to thc conccrncdscZMAs Lo submit the area wise proposars, instcad of individualproposais for individual plots. The proposals should also includc thcground truthing report/sitc verification, justification for reclassificaLion,dctails of violations, court cases, if any, and conformity with othcr rurcsand regulations along with recommcndations of scZMA, etc.

'l 'hc suggcstions given by the members in the rasl meeting regardingrcclassilication proposals, monitoring of the coastal areas with respcct tothe implcmentation of cRZ Notification 1991 and the directions issucd. bythc Ministry from time to time shourd arso be looked into, while revicwingthc functioning of the scZMAs and reclassification proposals.

Aeenda item No. 3. Issues/reclassiJication proposals received fromSCZMA's.

held on 22"c lJanuarv.

It was inlormed that thcre are about 9 recrassification proposalsrcccivcd through MCZMA from Maharashtra and most of thcm arc.individual proposals, except the reclassification and revision pr'posal ofPanvcl arca. The Authority decidcd to take up only the rccrassificalio.

Page 193: ADARSH COOPERATIVE HOUSING SOCIETY:

3tu

anq _r9:Lsion proposar of panver area. The other proposals were dcferrcdand MCZMA was advised to re-examine the remarnini proposals on ,,arca,,

basis and re-submit them after ground truthing/verification andjustification etc.

3'1 Reclassification of c".z areas in panvel, Navi Mumbai,Maharashtra

Member secretar5r, MczMA made a presentation and informed thatthe CZMP of Maharasrrtra was approved by MoEF in 1996 emd as pcr itscondition, czMP of Navi Mumbai was sent to MoEF for approval in r99u.However it was not approved. The czMp has now been prepared. on thcscale of r: 4000 through the Institute of Remote Sensing (IRS), Annauniversity, one of the authorized agencies. As per the map, trre cRZ I(i)area has been increased from 46g.-59 ha to osz.zz ha (10. 15,,/ol, cRZ Irarca has been increased from 105.04 ha to 13g.3s t". Jr.sz%) and cRZ _III has been reduced from 12.22 ha to 9.g2 ha. (o.zzi. *re total area isincreased from 161s ha to 1169.21 ha. This is due to increase in thc arcaof mangroves, water body. rhe earlier czMp was on the scate of 1: 25,ooowhere as the presentplan is on the scale of 1;4o00.

It was suggested that HTL at a particurar point has not bccnconnected in the map zrnd so the cRZ bound"ry *rroi.,rJ be drawn by arcmethod instead of drawing parallel line to HTL.

\fter d'eriberations, the Authoritg noted, th",t because ofre'fi'nernent in the sccrle and. ground. tnttiing, th.ere-utur arwags be apossibilitg of increase/deciease in tne 6nz anee"s, hence theAuthoritg recorrrmertd.ed. the a.pproaar of the revised. czWp of panuerarea' with the condition nit necessary corrections sho., beineorporated white transferring the HTL onlietd..

Agenda ltem No'4: Any other item with the permission of theChairman

4.1 Adarsh Cooperative Housing Society, Mumbai

I' Permission was sought from t,'e chairman to table the mattcrrelating to erection of a structu.",ly.AdarJ cooperative Housingsociety, colaba, Mumbai matter which is a serious vioration o[ thccRZ Notification, 1991. The chairman elicited trrc opinion of all thcMembers and thereafter permitted the takinj "p "r,r-r"

mattcr.

II' The Authority was informed regarding the issues relating to thcabove violation. The chairperson, Maharashtra coastal Z'nc ,Management Authority (MczMA) who is J";- Lhe secrcLary, f,,Environment Department, the principal -S-."r",r.U,

Urban .n\ |Development Department, the principal s.".l,ls,'' -JJ:: -h

{

Page 194: ADARSH COOPERATIVE HOUSING SOCIETY:

a33

Dcpartmcnt as arso secrctaries from MMRDA and BMC wereavailable to assist tJ.e Authority. -

Thc chairman requested chairperson, MC,MA to bricf thcAuthority regarding the matter "rrd

th" action taken so far. Thechairpcrson, MCZMA informed that the said structure (building) ofM/.s Adarsh cooperative Housing society had been constructed inviolation of cRZ Notification, r95r-, since no permission had beenobtained under the cRZ Notification 1991 irom the competcntAuthority nor did MSCZMA ever consid.er this project. Further, thesaid structure had viorated cRZ norms by utilizing highcr Floorspace Indcx (FSI) than- that stipurated in the ciz notiricarion,199 1' shc also informed that based on a complaint rcceived fromthe Nationar A'iance. of people's Movement a direction undcrSection 5 has been issued on 3,d November, 2009. Laslly, thcchairperson, MCZMA explained that the concrusion of the DeputySecretar5r, Urban ?::"J:t*"nt Deparlment, to the effect that theMopF lctter of 111312003 amount"o to . "No objection certificate,,to the project, was clearly wrong.

The position with regard to the amendment to the cRZ Notification,1991 dated 21"r May, 2002, because of which MSCZMA thoughtthat thc powers for clearance of housing project werc vcstcd inYIoEF during March 2003, was discussed. rt was clarifi"J trr"t as onI I th March, 2oo3 the amendment of MoEF dated g,i,-Jury, 1997 wasin voguc, which dclegated the power to the state Government andAuthorirics for according clearances to *; t;i;,=-i,rrl", rhe cRZNotification. Hcnce the Ministry's retter of 11.03.2003 is in ordcr.

I I I

IV .

The chairman invited Shri T. c. Benjamin, principar sccrctary,Urban Dcveropment Departmcnt to brief irrc aulirority. shri3:.:r"1T:":11:f:l

rh3Lr the, land area for edarsh coopcrativeFlousing society (thc Society) in BBR Block, *;.u "#:.::11;;375|.82mts2 was fenced

"..rd'*a* in ohwsical nncir- i^- ^r {. tr_^ r^_,.r

\ / . e\ r .u4r 'LD- was rencect and r i l , Ias in physiCal

!ritl_tary 4utlotron of the-rr"a-mmffi bi;"ii";;,i,'".T'iJi9iJ.,;"ilL""rJti."T,,"#ff;

l:T:j j:::",:i:1,"1?"1:,,"" ̂ !n latf .r"rr"",y,- zoij^,n" RcvcnueDepartment issued a. Letter of Intenl in which one of .n"':;il;;::imposed was to obtain the requisite clearance of MoEF. However, itis clear from records that thii clearance has not been obtained bythe society from MoEF or from the MGZMA. rnitially in 2000 thchousing project was meant for nineteen civilia' ,rr"*d".* and thirtyonc Defence members- In 2004 it was increased to seventy oncmcmbers and in 2005 addrtional twenty nine were added thcrcbylinally the membership became one hundred two members. Thebuilding has been provided electricity, watcr artcr--occupationccrtificate issued by MMRDA. shri Benjamin clarified Lhat thcproposal by UD Departmentin 2oo2/2o0c sent to trr" lvtirri"try wasfor the change of land use a'd ,io propo"al pbrtaining to thc

Page 195: ADARSH COOPERATIVE HOUSING SOCIETY:

sq

ho-using project of thc society was ever scnt to MoEF. r{c alsoinformed that for reckoning FSI, the said plot of the socicryincluded a revenue plot and lt"o a'ptohad been in".."*.a by adding ",' ffirlff.t;tlon today the FSI utilized was 1.27

"g.irr"fTh#-nii.as, whicrris another violation of the coastar Regulation Zone Notification,1991, which cannot be rectified.

V I . The chairman requested shri Kunte, principal secretary, RevcnucJDcvelopment Department, Government of Maharashtra';;iln;trstate his views- shri Kunte also clarified that thc f..*t*,""''ii tchange of land use. was sought by the UD Department vidc theirlctter dated lodr April, 2oo:2. Hl **a l]rat there was a crcarmisintcrpretation of the response given by MoEF datcd rlrh March,2oo3 by the Deputy secretary, iJ.ban Development DcpartmcnLsrnce- this response clearry stated that the proposed construclionmay be taken up as per the Coastal Regulaiion Zonc Notiiication,1991, which meant that the propo"J could be placca bclorcMCZMA which at that point of tirn.^r,"a all the powcrs to sanclionthe.constructions projects in the Coastal Regulation Zonc.l-lc saidthat when the Society approached

!h" planning Authority

lB^Y9iyMRDA) for permission for the buildings i,-, toot, 2oor and2008 this aspect of getting the cRZ .t""r"t.Jfrom MCZMA/MoF)Irwas overlookcd- He concluded that building oi sociel had thcfollowing serious lacunae:-

(r) Permission jf tlg competent Authority undcr trrc coastarRegulation Zonc Notifi."iion had not Ueen tat .n.

(ii) The FSI alrowed for the building exceeded the prescribcd FSIlor development in the CRZ.

vll ' After the above submissions* made by chairperson, MCZMA,Secretar5r, Urban Development Departmrrrt r,'a Se,t."t"ry, Revenuc,Government of Mahar""ir.tr", the Authority deribcrated on thc casc.It was noted that this is a case of clear viotauon ni,rr" E(p) Act andthe cRZ regurations thereunder by the society on two counts,namely, by not obtaining prior permission ,r'.ra.. the coasta-rRegulation Zone- Notificatio*n,- 1991 from th. ;o;;;rned Authoritiesand r,.e use of higher FSr (1-27 against itii; in vicw of _rhcadditionat F qfqr"l,ylt!_glgrn@*i@_giq?!" rhcase involved violatron ol Lhe normsof Defence and security, service

3I:u, p.op.i"iy, providing Lru<:information of various factuar data incruding income etc., and whircthcre may be some dispute about original o-wnership/p.sscssion ofthc plot, the NCZMA was conccrned only with thc compliancc undcrthc E(P) Act and cRZ Notification thereunder, which is iLs basi<:

Page 196: ADARSH COOPERATIVE HOUSING SOCIETY:

amandatc. Accordingly, there was no option other than to ,"*,ili::i:'j:ll:^i1,1y,.1.:zed 3jrugtures constructed in viotation of

gsthe coastal Reguration zone No.fri."tiotr, r.991 und.er ,h"'f,iilr:i";i.I the E(P) Act. It was arso observed that keeping this case in mindthe state coastal Zone-Management Authority needed to be moreproactive and vigilant ab.out C-RZ implementat-ion

"rral.rrr.rrce theinter-Departmental coordination with utmost transparency to avoidsuch incidents in furure.

The Nationo.r coq.star zone Management Authoritg fert that thisr,q's q' bratant' ccse o.f uioration of cRZ Notificitron, L997 .,nd.recomnrefrded that the unauthorized, stntcture ii-i^or"d, fram cRZ,i;T;:r"rels und.er .the

prouision o.f E;;;;;;"t-'lerotectionJ Act,

The Authoritg also directed, thottManagement Authorities should beneed. to be more proaetiue in futureAreas and guid.ed bg the Miiistryregard..

4.2 Other Items:

Dr M. Baba suggested that t,.e.implication of the word ..Authority,,in thc cRZ existing Notification could te made cleare. in view of thcvericty of stakeholde_rs and hence, this aspect may L" i"t"r, carc in thepnrposcd cRZ Notiflcation, 2010. prof. Ramactr"anaran said that thcsuggcstions o[ thc NczMA Members on thc draft cRZ , 2070 courd betakcn into account

!y the Nlinistry. chairmar, ,.qr"*i"d ail thc mcmbcrs:lr: N9ZMA to give their specific suggestio.r" ,.itt'egaro ro thc draltCRZ Noti{ication 2010 at the earliest.

The meeting ended with a vote of thanks to the Cnair.af

411

o.ll Stgl;e / Uf Coastcl Zonesuitablg requested ahout theto guard the fragite Cocestql

about action desired. in this

Page 197: ADARSH COOPERATIVE HOUSING SOCIETY:

Lt_s1_St pe{tqrpanlg_

1- Shri Vijai Sharma, SecretarSr,Ministry of Environment and Forests.Govt. of India, New Delhi.

Prof. S. Ramachandran,Former Vice Cherncellor, Universiw ofChcpauk, Chcnnai - 600 OOS.

Dr. M. Baba,Centre for Earth Science Studies.Akkulam, Thiruvananthapuram_6S SOS t

Dr. A. Chabuey, Scientist,National Institute of Oceerrography,Goa.

Tmt B. Meena Kumari,Dcputy Director General(Fisheries),Ministry of Agriculture,New Delhi.

Dr. R.P. MathurRegional Dircctor,Central Ground Water Board.Ncw Dclhi.

36

20tb MEETING OF THE

MoEF Officials:

Shri J.M. Mausker,Addl. Sccretary,Ministry of Environment and Forests_Govt- o[ India, New Delhi.

Dr. Nalini Bhat,Adviser,Ministry of Environment and ForestsGovt. of India, New Delhi.

Shri Bharat Bhushan.Director ,

2 .

. f .

4 .

q

6 .

9 .

1 0 .

1 l

Chairman

- McmberMadras,

Anggxulg:I

Membcr !

Mcmber

Rcprcscntativc

Reprcse nLativr:

Page 198: ADARSH COOPERATIVE HOUSING SOCIETY:

o" a@- w t

Y/ 3z1 2 .

13 .

'I \

r6 .

Ministry of Environment and Forests,Govt. of India, New Delhi.

Dr. A Senthil Vel,Additional Director,Ministry of Environment and Forests,Govt. of India, New Delhi.

Shri E. Thirunavukkarasu, Dy. Director,Ministry of Environment and. Forests,Govt. of India, New Delhi.

1 4 .

Special Invitees:

t 7 .

Mr. T.C Benjamin, principal Secretarv.Urban Development Department,Govt. of Maharashtra

Mr. Sitaraman Kunte,Principal Secretary,Revenue Department,Govt. of Maharashtra.

Smt. Valsa Nair,Secretary, Environment Department,Govt. of Maharashtra andChairman, MCZMA.

Dr. B.N. Pat i l ,Member Secretary, MCZMA,(]ovt. of Maharashtra.

Page 199: ADARSH COOPERATIVE HOUSING SOCIETY:

e&

Anocpoqs*'* &*

RESPONSE TO OUESTIONNAIRE 1 TO 13 AS HANDED OVER DURING

HEARING ON 4TH TANUARY 2011-

L. Clearance under CRZ notification 1..99L?

Ans: At the outset Adarsh submits that the 1991 Notification is not applicable to

Adarsh society as it is not within the meaning of industries, operations or

processes. However without prejudice to the above legal submission, assuming the

1991 Notification (as amended from time to time) is applicable to Adarsh then in

that case a letter issued by the Urban Development Departrnent (UDD),

Government of Maharashtra on 15e March 2003 read along with the series of

preceding communications exchanged between the UDD and MoEF is a CRZ

clearance given to Adarsh as contemplated under 1991 Notification. The same has

been explained in detail in the written submissions.

Recommendations of MCZMA as per viii of the constitution of MCZMA?

During the period L997 to 2003, the PP should have obtained clearance from

State Authorify after being recommended by MCZMA.( as per viii of the

constitution of MCZMA, all proposals in CRZ shall be examined and

recommended to the Central Government or the agencies who have

entrusted to clear such projects under CRZ notification, 1991)

2.

3.

Page 200: ADARSH COOPERATIVE HOUSING SOCIETY:

sq

Ans. In 1998, in exercise of powers conferred by sub-sections (1) and (3) of

Section 3 of the Environment (Protection) Act 1986, the Central Government

constituted the Maharashtra Coastal Zone Management Authority (MCZMA ) by

an order to carry out the functions as more particularly set out in its order bearing

No.SO1003(E) dated 26h November,1998. One of such functions being to enquire

into cases of alleged violation of the provisions of Environment Protection Act and

the Rules made there under or under any other laws for the time being in force

which would be relatable to the objects of the Environmental Protection Act and if

found necessary in a specific case, to issue direction/s under section 5 of the

Environmental Protection Act in so far as such directions were not inconsistent

with any direction issued in that specific case by National Coastal Zone

Management Authority (NCZMA) or by the Central Government. The said order

was subsequently modified by another order dated 4ft January, 2002, where (II),

(IIa) was modified.,".| "

At the relevant point of time i.e. in 2000 when ADARSH made an application for

allobnent of land to GOM, the procedure relating to clearance of activities for the

purpose of the Environmental Protection Act was governed by the 'l,9g7

notification. The said notification provided for a clearance by the State Authority.

In any event MOEF in its SCN also admits that the powers to accord clearance to

activities involving investrnents of more than Rs.5 crores were delegated to the

"state Authorities". The same is also admitted in the minutes of the meeting of

Page 201: ADARSH COOPERATIVE HOUSING SOCIETY:

ffin

NCZMA and extract of which has been supplied along with show cause notice as

also the Press Note released by the MOEF on 28tr October, 20L0. Thus, clearance

accorded by the Urban Departrnent of GOM vide its letter dated 15e March, 2003

and thereafter by the MMRDA whilst issuing cofiunencement certificates from

time to time and subsequent Occupation Certificate dated 16d" September 2010

cannot be faulted with especiaily on the ground that the construction of the

residential building of Adarsh did not have a clearance under the Environment

Protection Act as contemplated by the 1997 notthcation. It was a routine practice

that such CRZ clearances were granted at State UDD levef without referring to

MCZMA, in between 1997 to 2003. Such practice may be confirmed from the State

Government and also from the Minutes of MCZMA meeting in between 1997 to

2003.

Adarsh is not in a position to comment upon the process and the procedure

followed by the State Government before granting the clearance under the 1991

Notification. Adarsh is therefore not in a position to respond to the question

relating to the }dCZ}l4.Z recommendation.Adarsh has had no occasion to examine

the basis and parameters considered by the UDD for the purposes of granting

clearance.

4. Date of commencement of construction work?

Ans. As per the records available the fust Commencement Certiticate was granted

by MMRDA on 6ft September 2005 and the work commenced on the same dav and

. r i l

':ril

Page 202: ADARSH COOPERATIVE HOUSING SOCIETY:

o

the work commenced immediately thereafter. A copy of the Commencement

Certificate dated 6ft September 2005 alongwith with the approved plans is

annexed to the Compilation at Annexwe " A-12" at relevant page 138. The other

Commencement Certificates as well as the approval plans are a part of the

Compilation tendered on 4tr January 2011.

5. Cleaiance under EIA-2006? Construction above 20000 sq ft requires EC under

EIA-2006?

Ans. There appears to be typographical error in the Question. The threshold limit

prescribed in the schedule under EIA- 2006 for Environmental Clearance is 20000

sq. mtrs and not 20000 sq ft.

As per the approved plans and site conditions, and as per the detailed calculations,

it is ensured that the total built area is less than 20000 sq mtrs and hence do not

attract provisions of EIA Notification-2006. A copy of the approved plans is

annexed to the compilation submitted at the time of hearing on 4ft January 2011.

6, Clearances obtained from State Government departments including approval

of high rise committee?

Ans. High rise Comrnittee headed by the Ex-Chief Justice of Madras High Cour!

was constituted in 2004 (i.e. much after 19/2/1991). F{ence, as per the stand taken

by MoEF, the proposals do not attract High rise committee approval. However,

Page 203: ADARSH COOPERATIVE HOUSING SOCIETY:

without prejudice to the above submission clearance was given by the High Rise

Committee on 1st September 2007 and the same is confirmed by MCGM on 20ft

October 2009. However furtler details of which will be available with the Planning

Authority i.e MMRDA.

7. Details of FSI permissible as per DCR 1967?

Ans. FSI permissible as per DCR1967 is 3.5. The copy of the DCR1967 is annexed

to the compilation at Annexure " A-13" at page 158.

8. FSI calculations as per DCR 7967?

Ans. FSI calculations are given in the approved plans of MMRDA armexed in the

compilation submitted at the time of hearing on 4ft January 2011. Remarks about

the same may be obtained from the planning authority i.e MMRDA. In case the

Ministry desires any further documents in this regard the Society is ready and

willing to co-operate for the salne.

9. Details of plot area, construction area, FSI as per the approval and acfual?

Ans. Plot area is given in approved plans as well as in Property Cards. FSI is also

reflected in approved plans. Total constructed Erea can be computed from

approved plans. All these documents are annexed to the compilation submitted at

the time of hearing.

Page 204: ADARSH COOPERATIVE HOUSING SOCIETY:

o

10. Defence Clearance if any with respect to security angle?

Ans. As per the Works of Defence Act, 1903 whenever it appears to the Central

Government that it is necessary to impose restriction upon the use and enjoyment

of land in the vicinity of any work of Defence or of any site intended to be used or

required for any such work, in order that such land may be kept free from

buildings and other destruction, a declaration shall be made by Secretary of such

Government and published in the official gazette under "works of Defence Ac!

1903' . No such act has been done in this case.

Further, there are colonies of residential units occupied by thousands of civilians

known as Ganesh Murti Nagar and Geeta Nagar, which are adjacent to the

Defence boundary, further the buildings Oyster and Dolphin are also located in

the Defence area and just next to the Adarsh society, there is a colony of more than

10000 inhabitants which appears to have been censused. There are places of

worship within the Defence area, which are regr:larly visited by civilians.

Without prejudice to above the aspect of Security and issues related thereto may

not be considered by the MOEF to decide the issue of the 2 alleged violations

under the Environment Protection Act as they are being separately agitated in the

writ petition filed by Adarsh and are not germane to the show cause notice. The

GOM has also never raised the issue of security threat till date.

Page 205: ADARSH COOPERATIVE HOUSING SOCIETY:

o

11. Permission from MMRDA for the building exceeding FSI of 1.33 as per the

Notification of BMRA act,1974, dated 10ft june, L977,extend,ed on Str October

1989 which has validify upto 10th October, L9917

Ans. As per the approved plans FSI consumed is only 1.32. As per the above

referred notifica€on, MMRDA can allow FSI exceeding1,.33, upto cap of 3.5 which

is permissible as per DCRs of 1967. Thus the upper limit of FSI is not altered, but

only prior permission from MMRDA is envisaged. Hence even if it is assumed that

FSI exceeds 1.33, due to adopting different methodology of computation of FSI, the

28 storied building as constructed on site is approved by MMRDA. Hence the FSI

as Per any methodology of computations of the constructed building is as per

DCRs of 1967, r:ntil it is within limit of 3.5, as the condition of approval from

MMRDA is satisfied.

12. Details of local rules applicable with their compliances?

Ans. The local rules applicable to Adarsh society are as follows:-

a) The MMRDA Act,1974 and the rules made thereunder

b) The Development Control Regulation for Greater Mumbai, L991

c) The Development Control Regulation for Greater Mumbai, 1962

d) The Mumbai Municipal Corporation Act, 1888 and rules, bye-laws

made thereunder.

e) The Maharashtra Regional and Town Planning Act,1966.

Page 206: ADARSH COOPERATIVE HOUSING SOCIETY:

o

0 The Maharashtra Land Revenue Code, 1960 and the rules made

thereunder.

It is further submitted that, the Adarsh society has complied with all the local

rules and regulation and accordingly the Planning Authority i.e MMRDA was

pleased to grant Occupation Certificate dated 1619 September 2010, which itself

is an herculean task.

13. Are there any conditions stipulated wrt environmental protection in any

clearance /permission?

Ans. All the clearances/permissions are submitted with the Ministry, and on a

careful perusal of the same, none of the permissions/clearances granted to Adarsh

society contemplate arrd/ or prescribe arLy conditions with respect to

environmental protection.

Adarsh society has submitted all the permissions/clearances/documents requested

by the Ministry from time to time and is also ready and willing to co-operate with the

Ministry in case Ministry desires any further information/documenb/permissions for

the purposes of deciding the Show Cause Notice or even otherwise.

Page 207: ADARSH COOPERATIVE HOUSING SOCIETY:

o-Ministry of Environment and Forests.Govt. of India, New Delhi.

Dr. A Senthil Vel.Additional Director,Ministry of Environment and Forests.Govt. of India, New Delhi.

Shri E. Thirunavukkarasu, Dy. Director,Ministry of Environment and Forests.Govt. of India, New Delhi.

3T1 n

'I 2

t 4 .

1 5 .

l o .

T 7 ,

Special Invitees:

Mr. T.C Benjamin, Principal Secretary,Urban Development Department,Govt. of Maharashtra

Mr. Sitaraman Kunte,Principal Secretary,Revenue Department,Govt. of Maharashtra.

Smt. Valsa Nair,Secretary, Environment Department,(lovt. of Maharashtra andChairman, MCZMA.

Dr. B.N. Patil,Member Secretar5r, MCZMA,Govt. of Maharashtra.

Page 208: ADARSH COOPERATIVE HOUSING SOCIETY:

Anowqy% * **

RESPONSE TO OUESTIONNAIRE 1 TO 13 AS HANDED OVER DURING

HEARTNG ON 4TH IANUARY 201-1.

1. Clearance under CRZ notification L99L?

Ans: At the outset Adarsh submits that, the 1991 Notification is not applicable to

Adarsh society as it is not within the meaning of industries, operations or

processes. Flowever without prejudice to the above legal submission, assuming the

1991 Notification (as amended from time to time) is applicable to Adarsh then in

that case a letter issued by the Urban Development Department (UDD),

Government of Maharashtra on l"5e March 2003 read along with the series of

preceding communications exchanged between the UDD and MoEF is a CRZ

clearance given to Adarsh as contemplated r:nder 1991 Notification. The same has

been explained in detail in the written submissions.

Recommendations of MCZMA as per viii of the constitution of MCZMA?

During the period L997 to 2003, the PP should have obtained clearance from

State Authority after being recommended by MCZMA.( as per viii of the

constitution of MCZMA, all proposals in CRZ shall be examined and

recommended to the Central Government or the agencies who have

entrusted to clear such proiects under CRZ notification, L991)

2.

3.

Page 209: ADARSH COOPERATIVE HOUSING SOCIETY:

Ans. In 1998, in exercise of powers conferred by sub-sections (1) and (3) of

Section 3 of the Environment (Protection) Act 1985, the Central Government

constituted the Maharashtra Coastal Zone Management Authority (MCZMA ) by

an order to carry out the functions as more particularly set out in its order bearing

No.SO1003(E) dated 26e November,1998. One of such functions being to enquire

into cases of alleged violation of the provisions of Environment Protection Act and

the Rules made there under or under any other laws for the time being in force

which would be relatable to the objects of the Environmental Protection Act and if

found necessary in a specific case, to issue direction/s under section 5 of the

Environmental Protection Act in so far as such directions were not inconsistent

with any direction issued in that specific case by National Coastal Zone

Management Authority (NCZMA) or by the Central Government. The said order

was subsequently modified by another order dated 4*'Januarp 2002, where (II),

(IIa) was modified.i

" 4'"i:

'r" '

'

.,, ,,

At the relevant point of time i.e. in 2000 when ADARSH made an application for

allotrnent of land to GOM, the procedure relating to clearance of activities for the

purpose of the Environmental Protection Act was governed by the 1997

notification. The said notification provided for a clearance by the State Authority.

In any event MOEF in its SCN also admits that the powers to accord clearance to

activities involving investrnents of more than Rs.5 crores were delegated to the

"State Authorities". The same is also admitted in the minutes of the meeting of

Page 210: ADARSH COOPERATIVE HOUSING SOCIETY:

NCZMA and extact of which has been supplied along with show cause notice as

also the Press Note released by the MOEF on 28th October, 2010. Thus, clearance

accorded by the Urban Departrnent of GOM vide its letter dated 15tr March, 2003

and thereafter by the MMRDA whilst issuing commencement certificates from

time to time and subsequent Occupation Certificate dated 16th September 2010

cannot be faulted with especially on the ground that the construction of the

residential building of Adarsh did not have a clearance under the Environment

Protection Act as contemplated by the 1997 notification. It was a routine practice

that such CRZ clearances were granted at State UDD level, without referring to

MCZMA, in between 1997 to 2003. Such practice may be confumed from the State

Government and also from the Minutes of MCZMA meeting in between 1997 to

2003.

Adarsh is not in a position to comment upon the process and the procedure

followed by the State Government before granting the clearance under the 1991

Notification. Adarsh is therefore not in a position to respond to the question

relating to the MCZMZ recommendation.Adarsh has had no occasion to examine

the basis and parameters considered by the UDD for the purposes of granting

clearance.

4. Date of commencement of construction work?

Ans. As per the records available the first Commencement Certificate was granted

by MMRDA on 6ft September 2005 and the work commenced on the same dav and

&.a

{q

'r {l

Page 211: ADARSH COOPERATIVE HOUSING SOCIETY:

the work commenced immediately thereafter. A copy of the Commencement

Certificate dated 6ft September 2005 alongwith with approved plans is

annexed to the Compilation at Annexute " A-12" at relevant page 138. The other

Commencement Certificates as well as the approval plans are a part of the

Compilation tendered on 4tr January 2011.

5. Clearance under EIA-2005? Construction above 20000 sq ft requires EC under

EIA-2006?

Ans. There appears to be typographicai error in the Question. The threshold limit

prescribed in the schedule under EIA- 2006 for Environmental Clearance is 20000

sq. mtrs and not 20000 sq ft.

As per the approved plans and site conditions, and as per the detailed calculations,

it is ensured that the total built area is less than 20000 sq mtrs and hence do not

attract provisions of EIA Notification-2006. A copy of the approved plans is

annexed to the compilation submitted at the time of hearing on 4ff Jmruary 2011,.

6. Clearances obtained from State Government departments including approval

of high rise committee?

Ans. High rise Com:rrittee headed by the Ex-Chief Justice of Madras High Court,

was constituted in 2004 (i.e. much after 19/211991). Hence, as per the stand taken

by MoEF, the proposals do not attract High rise committee approval. However,

of

the

Page 212: ADARSH COOPERATIVE HOUSING SOCIETY:

(s:u^' t"{4e

without prejudice to the above submission clearance was given by the High Rise

Committee on 1't September 2A07 and the same is confirmed by MCGM on 20ft

October 2009. However further details of which will be available with the Plarrning

Authority i.e MMRDA.

7. Details of FSI permissible as per DCR 1967?

Ans. FSI permissible as per DCR 1957 is 3.5. The copy of the DCR1967 is annexed

to the compilation at Arurexure " A-13" at page L68.

8. FSI calculations as per DCR 1967?

Ans. FSI calculations are given in the approved plans of MMRDA annexed in the

compilation submitted at the time of hearing on 4ft ]anuary 2011. Remarks about

the same may be obtained from the planning authority i.e MMRDA. In case the

Ministry desires any further documents in this regard the Society is ready and

willing to co-operate for the s€une.

9. Details of plot area, construction area, FSI as per the approval and actual?

Ans. Plot area is given in approved plans as well as in Property Cards. FSI is also

reflected in approved plans. Total constructed area can be computed from

approved plans. All these documents are annexed to the compilation submitted at

the time of hearing.

Page 213: ADARSH COOPERATIVE HOUSING SOCIETY:

10. Defence Clearance if any with respect to security angle?

Ans. As per the Works of Defence Act, 1903 whenever it appears to the Central

Government that it is necessary to impose restriction upon the use and enjoyment

of land in the vicinity of any work of Defence or of any site intended to be used or

required for any such work, in order that such land may be kept free from

buildings and other destructiorL a declaration shall be made by Secretary of such

Government and published in the official gazette under "Works of Defence Act,

1903' . No such act has been done in this case.

Further, there are colonies of residential units occupied by thousands of civilians

known as Ganesh Murti Nagar and Geeta Nagar, which are adjacent to the

Defence boundary, further the buildings Oyster and Dolphin are also located in

the Defence area and just next to the Adarsh society, there is a colony of more than

10000 inhabitants which appears to have been censused. There are places of

worship within the Defence area, which are regularly visited by civilians.

Without prejudice to above the aspect of Security and issues related thereto may

not be considered by the MOEF to decide the issue of the 2 alleged violations

under the Environment Protection Act as they are being separately agitated in the

writ petition filed by Adarsh and are not germane to the show cause notice. The

GOM has also never raised the issue of security threat till date.

Page 214: ADARSH COOPERATIVE HOUSING SOCIETY:

1L. Permission from MMRDA for the building exceeding FSI of l-.33 as per the

Notification of BMRA act,1974, dated 10th ]une, L977,extended on Str October

1989 which has validify upto 10ttt October, L99L?

Ans. As per the approved plans FSI consumed is only 1.32. As per the above

referred notification, MMRDA can allow FSI exceedingL.33, upto cap of 3.5 which

is permissible as per DCRs of 1967. Thus the upper limit of FSI is not altered, but

only prior permission from MMRDA is envisaged. Hence even if it is assumed that

FSI exceeds 1..33, due to adopting different methodology of computation of FSI, the

28 storied building as constructed on site is approved by MMRDA. Hence the FSI

as per any methodology of computations of the constructed building is as per

DCRs of 1967, until it is within limit of 3.5, as the condition of approval from

MMRDA is satisfied.

12. Details of local rules applicable with their compliances?

Ans. The local rules applicable to Adarsh society are as follows:-

a) The MMRDA Act,1974 and the rules made thereunder

b) The Development Control Regulation for Greater Mumbai, L99L

c) The Development Control Regulation for Greater Mumbai,1967

d) The Mumbai Municipal Corporation Act, 1888 and rules, bye-laws

made thereunder.

e) The Maharashtra Regional and Town Planning Act,1966.

Page 215: ADARSH COOPERATIVE HOUSING SOCIETY:

0 The Maharashtra Land Revenue Code, 1"960 and the rules made

thereunder.

It is further submitted that, the Adarsh society has complied with all the local

rules and regulation and accordingly the Planning Authority i.e MMRDA was

pleased to grant Occupation Certificate dated 1619 September 2010, which itself

is an herculean task.

l-3. Are there any conditions stipulated wrt environmental protection in any

clearance /permission?

Ans. A11 the clearances/permissions are submitted with the Ministry, and on a

careful perusal of the same, none of the permissions/clearances granted to Adarsh

society contemplate and/or prescribe any conditions with respect to

environmental protection.

Adarsh society has submitted all the permissions/clearances/documents requested

by the Ministry from time to time and is also ready and willing to co-operate with the

Ministry in case Ministry desires any further information/documenb/permissions for

the purposes of deciding the Show Cause Notice or even otherwise.