A similar affidavit was also filed by the Adarsh Society saying that the central agency has no power to investigate as the state government which owns the land has not issued any notification asking CBI to probe the matter.
"A judicial commission set up to probe the scam has arrived at a conclusion that the land where the Adarsh building stands belongs to the state government. Hence CBI has no jurisdiction to probe the matter," the government said in the affidavit filed through Deputy Secretary, Home, Ruparao Deshmukh.
The affidavit was filed as per high court directions on June 18 when it was hearing a bunch of PILs seeking court supervision into the Adarsh probe.
The government counsel A Y Sakhre had told the high court verbally that since the state government has not handed over probe to CBI, the agency cannot investigate the matter.
A division bench of Justices S A Bobade and Mridula Bhatkar had then directed the government to file an affidavit saying so.
The bench is scheduled to hear the matter tomorrow when the government's affidavit would be tendered before the judges.
The Gorkha Janmukti Morcha (GJM) today opposed the proposed setting up of a police commissionerate in Siliguri sub-division of Darjeeling district.