Adarsh promoter Kanhaiyalal Gidwani, on Thursday, accepted the fact that the society did not obtain the mandatory no objection certificate (NOC) from the ministry of environment and forest (MoEF).
In his deposition before the two-member commission, Gidwani said, “I accept that the letter dated March 11, 2003 is not an NOC but a clarification.”
On August 19, 1999 SV Joshi, then principal secretary, Urban Development Department (UDD), wrote a letter to MoEF requesting NOC for this project as a special case.
In March 2003, however, the MoEF directed the UDD to refer the Adarsh case to the Maharashtra Coastal Zone Management Authority (MCZMA) for approval.
The society, however, interpreted this letter as an NOC. Gidwani made this revelation after being shown the October 30, 2010 letter, written by the Mumbai Metropolitan Regional Development Authority (MMRDA), where the occupation certificate (OC) given to the society was
The letter clearly stated that the society does not possess the requisite permissions from the MoEF, the Government of India or the MCZMA.
The society, however, had been insisting that the letter written by the MoEF to the UDD was in fact the NOC, which has now been faulted.
Since the Centre’s NOC was not taken, the MoEF ordered the demolition of Adarsh’s illegal floors beyond seven floors last year.
The state government is yet to take a decision on the same as the matter is in the court with the society challenging the decision.
In the deposition, it was also brought to light that the MMRDA had given conditional OC to the society on September 16, 2010. It put down 13 conditions to be fulfilled to get permanent OC.
On this issue, Gidwani said, “I informed the chairman and secretary of the society along with other committee members that under no condition must the society give occupation to any member until and unless a clear unconditional OC is obtained from the MMRDA.”