NCP leader Sharad Pawar has approached the Bombay High Court seeking to intervene in a PIL by a social worker who has made several allegations against him with regard to the development of Lavasa hill station.
Pawar, 78, has said that although allegations are made against him, he has not been added as a respondent to the PIL. He has urged the court to either direct the petitioner, Nanasaheb Jadhav, to add him as a respondent, or permit him to intervene in the PIL.
Details of PIL
Jadhav’s PIL seeks a CBI inquiry into alleged irregularities committed by Pawar, his daughter Supriya Sule and Deputy Chief Minister Ajit Pawar. Senior advocate Aspi Chenoy and advocate Joel Carlos, appearing for Pawar, argued that the petitioner has come again with identical facts.
"The entire premise on which the complaint is filed by the petitioner, has been dealt with by the high court and disposed of. The petitioner cannot use the same facts for filing another proceeding styled as criminal public interest litigation," Pawar said in the application.
Pawar's claims
The application said Pawar needs to be impleaded as respondent to ensure a “fair disposal” of the public interest litigation as there are several allegations levelled against the senior political leader. Also, no prejudice or hardship would be caused to Jadhav if Pawar is added as a respondent in the PIL but grave injustice would be caused to Pawar if he is not permitted to intervene in the matter.
The application states that a PIL raising the same issues was filed in 2011, which was dismissed for default, as Jadhav did not appear for arguments. Another PIL filed in 2013 was withdrawn.
Jadhav had earlier filed a PIL seeking to declare the special permission granted by development commissioner (Industries) to develop Lavasa as void, arbitrary, unreasonable, undue political favouritism, breach of trust and bad in law. The PIL sought quashing the special permission granted to the Lake City Corporation to purchase lands for private hill station Lavasa.
The HC, on February 26, 2022, disposed of the PIL observing that there seemed exertion of "influence and clout" of the Pawar family in the development of Lavasa as a hill station, however, it refused to interfere with the same due to “gross delay” in the filing of the plea and considering that “third party rights have been created”.
Jadhav has filed an appeal before the apex court against this order, which is pending. Chenoy emphasised that the allegations against Pawar are similar in all the pleas.
On December 26, 2018, Jadhav had filed a complaint with the CBI asking to take action against Pawar. He has also registered a complaint with the Pune police commissioner. However, no cognisance was taken due to jurisdiction issue.
A division bench of Chief Justice DK Upadhyaya and Arif Doctor on Wednesday asked Jadhav to filed his reply to Pawar’s application in two weeks. The court has also asked Pawar to file his additional affidavit, if required, to Jadhav’s reply, within two weeks thereafter. The court has kept the matter for hearing after four weeks.
