3 min readMumbaiSep 9, 2024 04:20 PM IST
First published on: Sep 6, 2024 at 10:45 AM IST
The Bombay High Court on Thursday, while hearing a plea against handing over Wilson College Gymkhana land to Jain International Organisation (JIO) on a 30-year lease, questioned the state government whether the 2019 GR, based on which the decision was made, gave it ‘unbridled powers’.
The PIL challenged the government’s decision earlier this year to hand over nearly 1 lakh square feet of land in south Mumbai to JIO on a 30-year lease for running a Jain gymkhana.
In December last year, the Mumbai district collector had ordered taking over gymkhana land by citing mismanagement and violation of lease rules and the same was upheld by the Maharashtra Revenue Tribunal the same month.
A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar, while hearing a PIL by lawyer Cyril Samuel Dara, argued through advocate Suhas Deokar, referred to Clause 9 of July 25, 2019 Government Resolution (GR) issued by state revenue department providing procedures to grant government lands for charitable institutions.
The provision empowered the government to take a decision on allotting its land directly to a highly qualified person or organisation possessing ‘exceptional merit’ or a ‘celebrity’ without calling for application from others or a report of the District Collector. It also provided that the new institutions can also be considered for the same.
“Just tell us how could you (state) have such a provision (clause 9)? Who will determine which organisation will manage? This is all vague. Anyone who is suited to you (government), he or she will be the organisation of merit and you will allot land to them. Is that the way you deal with government largesse?,” CJ Upadhyaya orally remarked to the state government lawyer.
The PIL sought direction to quash and set aside Government Resolution (GR) of March 16, 2024 granting lease to JIO along with July, 2019 GR based on which the said decision was taken.
It sought allotment of the land to any person or institution having merit in sporting activities, with a condition of it being accessible for the public at large as per previous lease. The plea said the government did not provide reasons over competence of JIO and it is no longer accessible for the general public.
The HC questioned as to whether it can adjudicate on competence of an organisation and instead the petitioner could have demonstrated that provision 2019 GR gave ‘unbridled’ powers to the government.
“You have to assert your right…Can court ask them (government) to put certain conditions, court can strike down if an illegal condition is put,” CJ Upadhyaya remarked and granted liberty to the petitioner to move an application for amending prayers in the plea and add certain grounds to it. The HC will hear the plea next on September 12.
Wilson College Gymkhana (File) 
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