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Journalism of Courage
MUMBAI, Sept 17: The State Government today justified the construction of the controversial ten-storey Sun Dew shopping complex at Pune built by Chief Minister Manohar Joshi8217;s son-in-law, Girish Vyas.
In an affidavit filed in the Bombay High Court, deputy secretary of the urban development department Vidyadhar Deshpande said the two public interest petitions alleging illegal construction by Vyas are just weapons to 8220;cause undeserved embarrassment/disrepute to the State Government and the Chief Minister.8221;
Vyas then gave an alternative plot for the school in a distant suburb, the petitioners claimed. It alleged that before the exact orders of dereservation were issued on July 29 this year, the seven-storeyed building had already been constructed. The petitions are being heard by the division bench of Chief Justice M.B. Shah and Y.S. Jahagirdar. The bench has ordered the respondent parties to file affidavits and explain their position before the final hearing on September 25. Four affidavits, including the one by the State Government, have been filed.
The only one remaining is now by the Chief Minister, who is also a respondent. His affidavit will be filed on September 21. The urban development department is headed by the CM and the major policy decision about the plot were taken by the ministry.
The State Government8217;s affidavit said the two petitions are vague and solely based on newspaper reports. The Prabhat Road plot was earlier reserved for a school, but Vyas was permitted to develop it after following the due process of law, the affidavit says. It says Vyas has 8220;acted in public interest8221; by giving an alternative plot to the school and paying Rs. 25 lakh to the PMC for the school8217;s development.
The affidavit filed by PMC8217;s city engineer Madhav Harihar during whose tenure permission was granted to Vyas8217; building detailed the legal process followed by the PMC before dereserving the plot. Earlier, the 3,000 square metre plot was reserved for a garden. After revision of the development plan, it was earmarked for a school. The PMC entered into an award with the owner.
However, the tenants of the plot moved the civil court and obtained an injunction. Following this the option of construction of the complex was considered. Harihar has recounted the orders issued by the State UDD to the PMC regarding the Vyas8217; complex. His affidavit mentions that the department suggested that while deserving the plot, the municipal commissioner should use rules which do not necessitate the permission of the general body of the corporation.
The affidavit of former municpal commissioner Ramanath Jha recounts the same process in which the government, particularly UDD, directed the PMC to consider Vyas8217; proposal. The affidavits of Jha and Harihar are quite similar. Both deny working under the diktat of the CM.
Vyas8217; affidavit claims that the two petitions are 8220;politically motivated8221; and 8220;part of the smear campaign being run by the political opponents of his father-in-law.8221; He wonders why the petitioners did not raise the issue two years ago when the building permission was granted. He justifies the dereservation saying that a school could not have been built on the plot which had many existing structures.
Vyas mainatins that petitioners have misread the provisions of the Maharashtra Regional Town Planning Act. He said, contrary to the opinion of the petitioners, a plot once reserved can be dereserved by revising the development plan.
