Mumbai: The Indian Army, in an affidavit in the Bombay High Court on Wednesday, has reiterated that it owns land on which the controversial Adarsh Housing Society in Mumbai stands. The Army declared that it has served notices to Maharashtra government and Adarsh Society to obtain vacant and peaceful possession of the land failing which it will file a suit in court.
Maintaing that the Commission of Inquiry report is acceptable to it and not binding in the court of law, the Army said that the commission cannot decide the title of land. Calling the commission report completely flawed, the Defence Ministry in its affidavit in the Bombay High Court also noted that the Central Bureau of Investigation (CBI) had clear jurisdiction.
"The state relying on 13th April judicial commission inquiry has now belatedly and without any basis in law sought to contend that CBI does not have any jurisdiction to investigate. This contention taken despite numerous orders already passed. The land belongs to Union of India (and) has fraudulently been sought to be made over to Adarsh. The CBI has already commenced investigation," the affidavit states.
The Army declared that it has served notices to Maharashtra government and Adarsh Society to get back the land.
"State government's affidavit states that they have provided documents to the CBI as and when needed so they haven't objected (until now) to the investigation. Affidavit also states that title of land cannot be decided by judicial commission only," it says.
On the inquiry commission report the affidavit states, "It is a completely flawed report and contrary to evidence on record and is made on patently incorrect interpretation of provisions of law. The Report not binding on any investigation agency or court of law. The MoD has issued notices to socy and the state to accept Mod title and seeking vacant and peaceful possession of land (notice issued 20th May 2012). The Governor of Maharashtra on 22nd Feb 1989 extended power u/s 6 of Delhi Special Police Establishment Act for investigating offences under Prevention of Corruption Act to whole of Maharashtra," it adds.
The Maharashtra government claims it owns the Adarsh land and that CBI has no jurisdiction in the case.
Several senior Maharashtra politicians, bureaucrats and defence officers have been accused of cornering flats in the Adarsh Society, which was meant for Kargil War widows and was heroes.