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The court added that it was giving the state liberty to move an application for early hearing in the HC.
In a reprieve for filmmaker Subhash Ghai, the Supreme Court on Monday dismissed a petition by the Maharashtra government against a Bombay High Court order allowing his film school Whistling Woods to continue running at Goregaon in Mumbai.
A bench led by Justice H L Dattu said there was no ground to interfere with the interim order issued by the Bombay HC and that the state government was incorrect in holding that an injunction against taking any coercive action against the institute could not be passed in a review petition.
The SC bench rejected a contention by the state government and also the BMC that Ghai could not be allowed to get away although there was already an adverse order by the apex court.
The SC had in 2012 directed Ghai to return the land allotted to his film academy in 2000 by the then chief minister Vilasrao Deshmukh.
Maharashtra’s Advocate General Darius Khambata pointed out that the SC had junked Ghai’s petition and passed severe strictures on the manner the land was allotted to him and hence any favour to him was uncalled for.
The bench, however, replied that the review petition against the HC’s 2011 order was pending and that the state should argue all the points, including those relating to the maintainability of the review plea, in the HC first. The court added that it was giving the state liberty to move an application for early hearing in the HC.
In July, the HC had admitted the review petition filed by the institute against its verdict on setting aside a joint venture between the state film corporation and Whistling Woods. The HC had directed Ghai to return the unused 14.5 acres of land and vacate the rest by July 31, 2014. This decision was upheld by the SC in 2012.
While admitting the review petition for hearing, the HC had directed the institute to pay Rs 1.38 crore out of Rs 10.38 crore it has to pay as licence fees by August 11 as a condition to continue at its present location. The remaining sum was to be paid in installments. Aggrieved, the Maharasthtra government chose to appeal in the SC.
mumbai.newsline@expressindia.com
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