Conversion of Deshmukh trust land without necessary permission: HC

“It is evident from records that the commercial premises were constructed without any permission. We cannot overlook what is glaring at us,” Justice G S Godbole said.

Advocate General Ravindra Kadam,however,argued that if the income generated from the commercial premises was being used by the trust for its original purpose of running the school,then it did not need to seek permission from the government or the municipal council for change of the reservation purpose or issue tenders or auction notices as required under Rule 21 of the Maharashtra Municipalities (Transfer of Immovable Properties) Rules,1983.

In an affidavit filed by the secretary of the JVPT,it was stated,“It is due to inadequacy of funds,that Respondent No. 3 (JVPT) was compelled to request Respondent No. 1 (Latur municipal council) to relax the condition of the lease-deed dated October 25,1994,” allotting the premises for the school.

JVPT’s counsel Raju Subramaniam told the court that in the development plan of Latur,the area was always reserved for commercial premises and urged the court to dismiss Yadav’s PIL. He said that the PIL is filed only to target a former CM.

Yadav’s counsel Mahesh Jethmalani had argued that that the only ground given by the trust for constructing the commercial premises is that the area is noisy and therefore the deaf and mute children’s school should not be constructed there,which was “absurd.” Jethamalani also pointed out that the second floor of the building was leased out to Deshmukh’s son Amit,who was running Vikas Co-operative Bank from the premises.

The affidavits filed by both Amit and JVPT stated that the Bank had bid for the premises after they were advertised in leading newspapers and the relationship between the father and son had been raked up by Yadav for “oblique motives.”

Chief Justice Mohit Shah and Justice Godbole will hear the case again on October 19.