An appeal filed by Adarsh Cooperative Housing Society scheduled for hearing on Thursday got deferred after one of the judges on the division bench recused himself. Justice Girish Kulkarni said, “not before me’ when the appeal came up for hearing, before a bench comprising Justice Abhay Oka and him.
Justice Kulkarni had appeared for the Environment Ministry earlier when he was a counsel, prior to his appointment as the HC Judge.
He is not the first judge to recuse in the matter, two others had also recused themselves.
The appeal was filed in 2014 against an earlier order rejecting the society’s plea against a title suit filed by the Ministry of Defence. The ministry is claiming ownership of the prime Colaba plot, in south Mumbai, adjoining existing Defence establishments, on which it stands. A two member judicial panel appointed by the Maharashtra government inquired into allegations of irregularity in land ownership, development and allotment of flats at concessional rates to politicians and former IAS officers or their families, in a society originally floated by defence members.
The ministry of defence filed the suit in December 2012 claiming ownership of the land where the controversial 31 storeyed Adarsh building stands.
The society moved the High Court, opposing the suit. It said only the Defence Estate Officer could file such a suit, and not the general officer in command (GOC), as was done in this case.
The MoD however said the GOC had been duly empowered to file such suits.