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8. On 29.9.2004, HQ, Southern Command, Pune addressed a letter to HQ, MG&G Area seeking comments on security implications by 1.10.2004 as regards transfer of a plot of land measuring 2000-2500 sq.meters at Block-VI, Colaba to 9 / 98 WP/452/2012 respondent no.4 society. On 30.9.2004, HQ, MG&G Area asked for comments of HQ, Mumbai Sub Area (Station Cell) on the security concerns raised by Director General Defence Estates (DGDE) today itself. On the same day, ie. 30.9.2004, HQ, Mumbai Sub Area (Station Cell) replied to HQ MG&G Area stating therein that the land in question has a big slum called Ganesh Murti Nagar on one side and on another side Back Bay Bus Depot. Hence there is no security implication for the military cantonment. On the same day, i.e. 30.9.2004, HQ, MG&G Area replied to HQ, Southern Command Pune, stating therein that there were no security implications as regards transfer of plot of defence land to respondent no.4 society. On 4.10.2004, possession of Adarsh plot was handed over by the Collector, Mumbai to respondent no.4-society. On 22.11.2004, for the first time the Adarsh plot was recorded in the Government of Maharashtra, Land Revenue records.

34. Mr. Khambata submitted that on 16.6.2003 Shri Saurav Ray, DEO addressed a letter to Collector, Mumbai raising security concerns in allotting the requested land to Adarsh. Even in the note dated 8.3.2004 Director General Defence Estate (for short, 'DGDE') raised security concerns regarding Adarsh building. On 12.11.2005, HQ, MG&G Area addressed a letter to Collector Mumbai to the effect that the high rise building of respondent no.4 will be overlooking important army units, its location as security implications. He submitted that respondent no.4 ensured that each successive GOC of MG&G Area or their family members was made a member of Adarsh society and was allotted a flat. GOCs between 1999 and 13.7.2010 were: (1) Maj.General A. R. Kumar (2) Maj.General V.S.Yadav, (3) Maj.

50. Mr. Seervai submitted that the communication dated 5.4.2000 written by HQ M&G area has been treated as NOC not only by the Corporation, MMRDA, Collector, Registrar of Societies, besides the State of Maharashtra but even more significantly the petitioner and office of DGDE also treated it as NOC while preparing note dated 8.3.2004 based on the reference of Chief Vigilance Officer dated 26.2.2004. In sub paragraph 1(d), DGDE note dated 8.3.2004 referred the security implications by the building of the 4th respondent. Based on sub-paragraph 2(d) of DGDE note, the HQ, Southern Command, Pune on 29.9.2004 wrote letter to HQ MG&G Area, Colaba Mumbai, seeking comments of the security implications. The said comments were to be given by 1.10.2004.

51. On 30.9.2004 HQ MG&G Area wrote a letter to HQ Mumbai Sub Area (Station cell) requesting it to forward comments on the security implications in terms of paragraph 2(d) of DGDE Note.

On the same day, i.e. 30.9.2004 HQ Mumbai Sub Area (Station Cell) informed HQ MG&G Area that the Adarsh plot has a big slum 45 / 98 WP/452/2012 called Ganesh Murti Nagar on one side and on another side Back Bay BEST Bus Depot. Hence, there is no security implications for the Military Cantonment. On the same day, HQ MG&G Area based on the inputs given by HQ Mumbai Sub Area (Station Cell ) informed HQ Southern Command (Q/L) that the plot in question is located in the slum colony called Ganesh Murti Nagar on one side and a BEST Depot called Back Bay Depot on the other side along with Capt Prakash Pethe Road and therefore there are no security implications. The said letters were written based on the factual position as well as based on record which categorically stated that there would be no security implications to Defence Establishment if the building is constructed by the 4 th respondent on the land to be allotted by the Government of Maharashtra.