The Bombay High Court on Friday questioned the maintainability of a petition seeking registration of an FIR against Sharad Pawar, Ajit Pawar and Supriya Sule for alleged irregularities in the development of the Lavasa township.
Earlier PIL Already Decided in 2022
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad noted that a similar PIL filed by Nashik-based Nanasaheb Jadhav had been disposed of in February 2022. Although the court, in its 2022 order, observed that the Pawar family had exerted influence in Lavasa’s development, it refused to interfere citing “gross delay” and creation of third-party rights.
Petitioner Seeks FIR or CBI Probe
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Despite this, Jadhav filed a fresh criminal PIL seeking an FIR against the Pawars, alternatively requesting a CBI probe. During Friday’s hearing, he argued that the 2022 judgment contained strictures against Sharad Pawar, Ajit Pawar and Supriya Sule, which justified the fresh criminal petition.
Court Calls Plea an Abuse of Process
The bench, however, remarked that the petition amounted to misuse of judicial process.
“You are misusing the process of court. This is an abuse of process. Show us the maintainability of the criminal petition when there was already a finding of gross delay,” the bench said.
Limitation Applies to Cognizance, Not FIR
When Jadhav claimed that an FIR can be filed at any time, the court clarified that while FIRs have no limitation period, the taking of cognizance by a court is subject to statutory limitations.
Matter Posted for Final Hearing in December
The bench has kept the criminal PIL for final hearing in December.
Background: 2022 Judgment on Lavasa
In the February 26, 2022 judgment, the HC observed that there appeared to be “influence and clout” of the Pawar family in the development of Lavasa as a hill station in 2002. However, the court refused to interfere due to delay and the creation of third-party rights.
The 2022 PIL sought quashing of special permissions granted to Lake City Corporation for the private hill station project, alleging arbitrariness, undue political favouritism and breach of trust.
NCP chief Sharad Pawar, his daughter and MP Supriya Sule, and his nephew and Deputy Chief Minister Ajit Pawar were added as respondents. At the time, Ajit Pawar was Irrigation Minister and ex-officio chairman of the Maharashtra Krishna Valley Development Corporation (MKVDC), which was part of the decision-making process for a dam that would support Lavasa’s water supply.
