Indian environment ministry's demolition order likely to intensify legal battle

By March 2003, a change in the law delegating clearances to the state government and the Maharashtra coastal zone authority had become effective. Yet, both the state urban development and state coastal zone authority said no environmental clearances were given. There is also a FSI violation under the coastal construction rules which in the case of the society is 1.77 instead of 1.33. This is also at odds with the CRZ notification, 1991.

Ramesh wrote in his order that the ministry weighed three options, including partial demolition and handing over the building to a social organization. But it felt the demolition was the best course because it did not want to regularize or condone the violation by the builders.

The minister, in his report, acknowledged there could be similar violations in other parts of the country. The building is in what is defined by coastal rules as CRZ-II region. Construction in such areas needs permissions from the state and central coastal regulators.

The builders applied to the state urban development ministry but this is not what the Environment Protection Act mandates. Maharashtra principal secretary, revenue development department, told MoEF that in 2003 the central government had pointed to the need for clearances but the state urban development department did not insist on this.

The Mumbai civic body and the city regional development agency also chose to overlook the need for environmental clearances. If the demolition order is not complied with, the environment ministry can ask the state government to demolish the building through civic agencies and extract costs from the builders.

The order is likely to intensify legal proceedings as the society has already gone to court against disconnection of electricity and power lines and withdrawal of the occupancy certificate.

On several earlier occasions, the environment ministry has condoned violations and the Supreme Court has sometimes accorded post-facto clearance to developers after a fine. But the political fire singeing the Congress-the alleged revenue loss in 2G spectrum allocation and corruption in the Commonwealth Games have kept graft in news-has seen the Centre take a tough position on Adarsh.

Whether the MoEF order is actually implemented or is diluted like others before it will be a test for the government.