The Adarsh Housing Society has submitted to the ministry of environment and forests (MoEF) that its show-cause notice was “misplaced” and it had all clearances to construct the 31-storey tower in Colaba.
The society also clarified that it did not violate the permissible floor space index (FSI).
The society, which has sought extension to submit its say in the case being heard by the MoEF panel comprising Nalini Bhat, advisor, Bharat Bhushan, director (Scientific IA), A Senthil Vel and E Thirunavukkarasu, filed its final statement in New Delhi on Monday.
It said the state government had cleared the project and it received a no-objection certificate from the ministry in 2003.
The panel, in a show-cause, had asked Adarsh to clarify whether permission of the competent authority as per the Coastal Regulation Zone (CRZ) Notification had been obtained and whether the use of the floor square index was within the limits permitted by Development Control Rules (DCR), 1967.
The society’s submission, a copy of which is with the Hindustan Times, said the notification and the 1997 amendment were for purpose of placing restrictions on “setting up and expansion of industries, operations or processes” in the CRZ, and the residential building didn't fall in any of the categories.
Adarsh further argued that residential building was not an activity for which water front and foreshore facilities were required. Hence, such buildings could never be granted CRZ clearance by either the MoEF or any of its arms or the state government, it said.
The management said as per DCR 1967, the FSI permissible on block No.6 in Backbay Reclamation was 3.5. “Adarsh has not crossed the said limit of 3.5 in consumption of FSI. In fact, Adarsh has consumed an FSI of 1.32 for the purpose of construction of its building. The same is evident from the sanctioned plans,” the society claimed.
“The show-cause notice was based solely on the allegations and recommendations of the National Coastal Zone Management Authority, arrived at because of statements made by the secretary, urban development department, Government of Maharashtra and the secretary, revenue department, Government of Maharashtra, is misplaced,” the society said.