The Commission, however, refrained from making any suggestion in this context as the Bombay high court is already seized with the question whether the building should be allowed to stand or demolished.
The findings were, however, rejected by the state cabinet.
It has also said that the land on which the building stands belongs to the state government and not the ministry of defence. Also, neither the land nor membership was reserved for defence personnel or Kargil war heroes.
"The land falls in CRZ-II category. The power to deal with activities involving investment of Rs 5 crore or more is with the National Coastal Zone Management Authority or MoEF; the Maharashtra Coastal Zone Management Authority being only a recommendatory authority," said the Commission in its conclusions. It further states that the Adarsh CHS never applied to the MoEF for CRZ clearance through the MCZMA.
"The letter dated March 11, 2003 addressed by Senthil Vel, joint director MoEF to PV Deshmukh, deputy secretary, Urban Development Department did not amount to CRZ clearance by the MoEF under the 1991 Environment Notification."
"The letter dated March 15, 2003 adressed by P V Deshmukh to the Chief Engineer (DP), BMC has been erroneously treated and interpreted as CRZ clearance and wrongly acted upon as such by the MMRDA. The powers delegated by the MoEF to MCZMA under the order dated January 4, 2002, cannot be exercised by the urban development department," states the report.
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