Adarsh Society calls Defence ministry's notice illegal

Terming as ‘illegal and bad in law’ the ministry of defence’s notice claiming ownership of the land on which the Adarsh building stands, the housing society said on Thursday that it was being targeted at the behest of high-ranking officials who did not get membership.

Terming as ‘illegal and bad in law’ the ministry of defence’s notice claiming ownership of the land on which the Adarsh building stands, the housing society said on Thursday that it was being targeted at the behest of high-ranking officials who did not get membership.

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The Adarsh society also said the notice was ‘without power’ as it was sent by general officer commanding of Maharashtra, Goa and Gujarat who was not the competent authority for such purposes.

“Some high-ranking officers of the defence ministry want to settle scores with members of Adarsh society as they could not get membership in the society," the society said in its reply.

The notice was issued by the MoD on May 28 to the state government and Adarsh society asking them to hand over possession of the land. The notice demanded the state government acknowledge the ministry of defence's title and ownership of the plot within two months failing which it would file a civil title suit.

While the government is yet to send its reply, the society on Thursday sent it through advocate Manish Desai stating that the land was allotted to Adarsh following due process of law and claiming no fraud was committed by the state government.

Raising issue of jurisdiction, the society said such notices can be sent only by the defence estates office of the MoD, which deals with matters pertaining to lands in custody of defence ministry.

“However, this notice has been sent by the general officer commanding of Maharashtra, Goa and Gujarat area, who is not a competent authority. The said notice has been sent without power and without sanction from the ministry of defence,” it said.