HC upheld the validity of amendment to BTAL Act by which retrospective permissions were given to the said project. (File)
The Bombay High Court on Saturday refused to interfere or pass any order in the PIL seeking to declare as “illegal, arbitrary,” the special permission granted in 2002 to Lake City Corporation for purchasing lands for private hill station Lavasa in Pune district. The bench said that the “judicial hands-off” approach is best suited in the present case due to “gross delay” in filing of PIL.
It observed “personal interest” in the project by NCP chief Sharad Pawar and his daughter Supriya Sule and “exertion of influence and clout” by them in the impugned project. HC upheld the validity of amendment to BTAL Act by which retrospective permissions were given to the said project.
The bench said that NCP leader Ajit Pawar who then was State irrigation minister and ex-officio chairman of Maharashtra Krishna Valley Development Corporation (MKVDC) “failed to disclose the direct or indirect interest and was found to be remiss in his duty only to that extent.
In the absence of the unrebutted allegations as there was no denial to the same, the court observed, “we are left to judge the veracity of the allegations on tests of probability without anything more substantial by way of answer” and therefore applying “doctrine of non-traverse (if not denied, accepted)
A division bench of Chief Justice Dipankar Datta and Justice Girish S Kulkarni passed a judgement in a PIL by lawyer Nanasaheb Vasantrao Jadhav, seeking that the special permission be declared to the project as inconsistent with the Bombay Tenancy and Agricultural Lands (BTAL) Act and same be quashed and set aside, adding that the hill station was being developed “purely on commercial basis.”
Apart from other decisions, the plea also challenged “ex-post facto” sanction by MKVDC’s Governing Council of June 20, 2002 and subsequent execution of agreements which were again followed up by Sharad Pawar by having a meeting with the then Chief Minister and Ajit Pawar, etc. in regard to problems being encountered to implement his “dream project.
“It cannot be said that exertion of influence and clout by Sharad Pawar and Supriya Sule is an unreasonable inference that cannot be drawn from the facts…Sharad Pawar and Supriya Sule being personally interested in the project, it is proved by preponderance of probability that the allegations are true,” the bench noted.
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It added, “… It was the solemn duty of Ajit Pawar to disclose his direct or indirect interest in the matter; but there is nothing on record to suggest that he did disclose his interest… Limited to that extent, Ajit Pawar is found to be remiss in his duty.”
The Court, while disposing of the plea observed, “With a deep sense of pain and remorse, we feel compelled to take judicial notice of the malaise of looting of India and its natural resources by its own people in the recent past. The roots of such malaise have, without doubt, set in deep. The country is faced with a situation where uprooting of this malaise seems to be difficult, if not impossible.
It added, “… the mindset of the people needs to change…Above all, concern for the welfare of the people and zero tolerance for corruption must override all other considerations. If the greed and dishonesty for power and money continue unabated, the future does not augur too well for the country.”
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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