Urvi Mahajani.
Terming the ministry of defence?s (MoD?s) notice claiming ownership of land where the 31-storey Adarsh housing society stands as ?illegal and bad in law?, the society has alleged it is being targeted by high-ranking army officers who were not granted membership.
?The ministry has issued a notice now just to harass the society and with an ulterior motive to stake claim on the ownership of the property. Some high-ranking officers of the ministry want to settle scores with the members of Adarsh society as they could not get membership,? the society said through its advocate Manish Desai of Vidhi Partners, on Thursday.
The society was responding a notice sent by the MoD on May 28 to the state government and Adarsh society asking them to hand over possession of the land where the building stands. The MoD had also sought that the state acknowledge its title and ownership of the plot within two months. The government has still not replied to the notice.
In its reply, the society claimed it had been allotted land by the government as per the law. It also alleged that the MoD had issued a notice as an afterthought and with mala fide intentions to defame its members.
Several defence personnel have appeared before the judicial commission and produced documentary evidence in relation to the title of the land.
It was after going through the evidence and the MoD counsel?s arguments that the inquiry commission probing the Adarsh scam concluded that the land belongs to the state government and not the ministry, added the reply.
Also, the notice was ?bad in law? as it has been sent by the general officer commanding of Maharashtra, Goa and Gujarat, who is not a competent authority. Only the defence estates office of the MoD has powers to send such a notice. The reply reads, ?The notice has been sent without power and without sanction from the MoD.?
The society also said only the Supreme Court has jurisdiction to decide on suit of title of the land. The MoD said if it was not given possession of the land in two months, it would file a civil title suit in the high court.
-via DNA.
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