Exclusive: Vidhii Partners and senior advocate Rafiq Dada are representing Adarsh Cooperative Society in its Bombay High Court writ petition against the revocation of its occupation certificate by the Mumbai Metropolitan Regional Development Authority (MMRDA) after the 31-storied building’s construction was declared illegal last year following the unearthing of the multi-crore housing scam last year.

Vidhii co-founding partner Manish Desai instructed senior advocate Rafiq Dada, former advocate general V N Thorat and Satish Maneshinde to contest the development authority’s alleged arbitrary order that led to disconnection of electricity and water supply to the building in October 2010.

The petition is based on the grounds that the members of the housing society have been denied their constitutional guaranteed rights by not allowing them to exercise their “right to be heard” contained in the “audi alteram partem” rule of the principles of natural justice before they were issued notices.

“Respondents have flouted the principles of natural justice and have acted high handedly in arbitrary and capricious manner and have shown complete disregard to the rule of law in issuing notices and taking action thereto as impugned in the present petition,” read Adarsh’s petition.

Vidhii’s Desai explained: “The environment ministry is not competent to regulate construction of residential buildings and even if they are competent, we have followed the norms of the 1999 notification. The necessary approvals taken from the various authorities including MMRDA plans have not been revoked.”

To date three out of ten respondents have filed their replies. The petition’s fate will be determined after all parties have submitted their affidavits.

It is understood that a fresh application will now be filed to challenge the environment ministry’s decision to demolish the building after it was found to be constructed in violation of the Coastal Regulatory Zone norms.

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