This is an archive article published on May 9, 2024
HC expresses displeasure over proposed use of ‘open space’ in Pune to store EVMs, VVPATs
The court remarked that the handing over of plots to construct the godown and a regional training centre was 'prima facie illegal' and no requisition or acquisition process was resorted to for the same.
The Bombay High Court on Thursday expressed displeasure over manner in which the two plots in Ravet area in Pune including one reserved for open space, were handed over to Election Commission through district election officer (Collector) to construct godown for storage of Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trail (VVPAT).
The court remarked that the handing over of plots to construct godown and a regional training centre was “prima facie illegal” and no requisition or acquisition process was resorted to for the same.
It noted that one of the two plots measuring 1.69 hectares consisted of 600 saplings planted as compensatory afforestation for the metro project and it was reserved as an open space, and the other was for government purposes.
The bench questioned the authorities as to how the handing over of plots belonging to Pune Metropolitan Region Development Authority (PMRDA) was done “without following law” merely because conducting an election involved overwhelming public function.
The Election Commission of India (ECI) through senior advocate Ashutosh Kumbhakoni and advocate Akshay Shinde made a statement that till the next date of hearing the plot reserved as open space will not be used for construction activity and the trees standing on it shall not be cut and they will continue to be provided with watering facilities.
“Is there any law which permits requisition without any compensation? Only because conducting an election involves overwhelming public function, the most important feature of democracy, can it be done without following law? Only by ECI asking for it, can this land be taken over by the Collector?” Chief Justice Devendra Kumar Upadhyaya questioned the authorities.
He went on to remark, “Even if it is taken over and requisition is done, unless and until the land use/reservation is changed, can it be permitted in the name of elections? These are some of the concerns which arise. It is not only that the plot has been reserved (as open space) but at least 600 samplings have been planted there. Disturbing, this thing, in prima facie such an illegal manner, is something which we cannot permit.”
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The bench questioned if the authorities planned to leave any open space for the public or just make a concrete jungle.
A division bench of CJ Upadhyaya and Justice Arif S Doctor was hearing a PIL filed by Prashant Jayant Raul and Shivaji Ramdas Shelke aggrieved by a proposal of state authorities to utilise two plots in sector 29 of Ravet area, part of Metro Eco Park-Akurdi, for purposes other than those for which were reserved under Unified Development Control and Promotion Regulation (UDCPR),
Bhattacharya argued that a godown was being constructed for storage of EVMs and VVPATs on one of the plots and it may even extend to the plot reserved as open space causing harm to saplings and such an activity cannot be permitted.
“The matter requires consideration and the matter raises an issue relating to larger public interest and environment as well,” the bench noted in its order. It took ECI’s interim statement on record and directed respondent authorities including state, ECI, PMRDA and Pimpri-Chinchwad Municipal Corporation (PCMC) to file their affidavits in reply by June 10 and posted further hearing to June 18.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
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