A division bench of Justices V M Kanade and M S Sonak was hearing a petition filed by Maharashtra BJP seeking a direction to the government to table the report before the legislature.
Government pleader G W Mattos today sought dismissal of the petition on the ground that under section 3(4) of the Commission of Inquiry Act it is not mandatory on the state government to table the report.
Relying on a judgement passed by the Andhra Pradesh High Court, Mattos said the petition filed by the BJP was not maintainable.
"Apart from this, preparing an action taken report is a stupendous job which will take a lot of time," Mattos said.
The bench, however, observed that the petition was maintainable. "Whether or not it is mandatory for the government to table the report we will consider later but first tell us if the government plans to table the report in the ongoing winter session," Justice Kanade said.
The government will have to inform the court on this tomorrow.
The petition, filed by BJP MLA Yogesh Sagar and party spokesperson Atul Shah, alleged a conspiracy behind the government's reluctance to make public the report and that it was trying to bury the matter.
PAC slams Defence Ministry, Maharashtra govt
A Parliamentary panel today rapped the Defence Ministry and the Maharashtra government on the Adarsh Housing Society scam, saying there was "monumental failure" at all levels of governance with certain officials abusing their position.
In its report tabled in Lok Sabha, the Public Accounts Committee (PAC) on Adarsh scam said a group of select officials holding key posts subverted rules and regulations as also facts and took the ruse of welfare of servicemen, war widows and children.
"The Committee's scrutiny corroborated the irregularities in the entire process right from the allocation of land to the society, obtaining 'no objection certificate' (NoC) from the Army, extension of various concessions by the Government of Maharashtra, getting NoC from BEST for transfer of developmental rights of adjoining land, obtaining clearances for residential development in Coastal Regulation Zone (CRZ) by certain officials who abused their official position for personnel gain," the report says.