The Indian Army, in an affidavit filed in the Bombay High Court today, reiterated its claim of ownership of the plot of land on which the controversial Adarsh Housing Society in Mumbai stands. The Army also served notices on the Maharashtra government and the Adarsh Society seeking vacant and peaceful possession of the land, failing which it would file a suit in court.
Maintaining that the commission of inquiry report was acceptable to it and not binding in a court of law, the Army said the commission could not decide the title of the land. Terming the commission's report as 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 was taken despite numerous orders already passed. The land belongs to the Union of India (and) has fraudulently been sought to be made over to Adarsh. The CBI has already commenced investigation," the affidavit states.
"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 added.
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 is not binding on any investigation agency or court of law. The MoD has issued notices to socy (Adarsh Housing Society) 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 has claimed it owned the plot of land and that the CBI had no jurisdiction in the case.