Mumbai: The Nagpur bench of the Bombay High Court on Thursday “closed” the issue regarding the regularisation of giving away land meant for slum developers to 16 private builders by Chief Minister Eknath Shinde during his stint as Urban Development Minister during the Maharashtra Vikas Aghadi (MVA) Government led by Uddhav Thackeray.
On December 14, the HC had directed 'status quo' on decisions taken by CM, in his capacity as UDD minister, where he asked the Nagpur Improvement Trust (NIT) to give away around 4.5acres of land meant for slum dwellers, to 16 private persons. While directing the status quo, the HC said in its order, “If any order of regularisation as claimed by the newspapers is really passed, then we would direct the authorities to maintain status quo as of date in respect of the issue of regularisation till next date.”
Matter heard early after plea seeking urgent hearing
The HC had then kept the matter for hearing on January 4, 2023.
However, on Wednesday, the government filed an application seeking an urgent hearing for Thursday and an affidavit was filed by UDD secretary placing on record the order passed by CM on December 16.
During the hearing on Thursday, advocate Sunil Manohar, appearing for the government, submitted that the CM, on December 16, had withdrawn his earlier order of regularisation. Mr Manohar also clarified that the land was not meant for rehabilitation of slum dwellers. It was meant for the Sakkardara Street Scheme, which has been abandoned on account of an earlier order of the HC, which was upheld by the Supreme Court.Counsel for NIT agreed with Mr Manohar’s submission that the land was meant for Sakkardara Street Scheme.
“Considering the fact that now the order of regularisation has been withdrawn by the Hon’ble Chief Minister as per his order dated 16-12-2022, we are of the view that the purpose of the order dated 14-12-2022 passed by this Court has been served and now this issue is closed,” noted the HC.
Anand Parchure, who was appointed as Amicus Curiae (friend of the court), pointed out that CM’s order of December 16 states that he was not informed about this petition before the HC. Hence, it is necessary that the officers of the NIT are held accountable, contended Parchure.
Final hearing on Jan 11
The court said it was not the “proper stage” to decide on the accountability of NIT officers,“… according to us, a proper stage would be the time when this petition is heard finally. The reason being that by that time, several other factors, which may have a bearing upon the main issue involved in the case, would have become clear,” added the bench.
Accepting CM’s order, the bench said that the “issue was closed”.
The HC has kept the petition for final hearing on January 11, 2023.
Since 2004, the high court has been monitoring the land allotments by the NIT to politicians and other influential individuals. The issue was taken up following a petition filed by one Anil Wadpalliwar alleging that the NIT gave away land to politicians and others at meagre rates.
