Society seeks case transfer, judge recuses himself

Dec 08 2012, 02:17 IST
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SummaryHowever, Justice Anoop Mohta of the division bench hearing the matter with Chief Justice Mohit Shah recused himself.

Adarsh Cooperative Housing Society asked Bombay High Court (HC) Friday to transfer its petition challenging a ministry of environment and forest (MoEF) demolition order to National Green Tribunal (NGT).

However, Justice Anoop Mohta of the division bench hearing the matter with Chief Justice Mohit Shah recused himself.

The matter will now be assigned to another bench.

Society counsel Janak Dwarkadas said: “ Supreme Court directed in August that all petitions involving environmental issues be transferred to the tribunal.”

MoEF had ordered on January 14, 2011, demolition of the 31-storey residential tower in Colaba citing c oastal regulation zone norms violations. The society challenged the order. “ Last year, the society was left with no option but to approach HC as NGT was not functioning. But now two (NGT) benches have been constituted and hence the matter can be transferred,” Dwarkadas said.

Additional solicitor general Kevic Setalvad said the ministry of defence was in the final stages of filing a suit claiming ownership of the Adarsh land.

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