Author:
Publication: The Times of India
Date: September 13, 2002
The Bombay high court on Wednesday
censured the Maharashtra government for granting a prime plot of land to
the Shankarrao Chavan charitable trust at Backbay Reclamation in Nariman
Point for next to nothing. Mr Chavan is a former Union minister and former
chief minister of Maharashtra.
A bench comprising Justice A.P Shah
and Justice Ranjana Desai asked advocate general Goolam Vahanvati whether
the state administration was prepared to come out with a policy on such
allotments and advertise such transactions. Mr Vahanvati said he would
be able to reply after taking instructions from the state.
The bench was hearing a public interest
litigation (pil) filed by the Bhrashtachar Nirmoolan Sanghatana which alleged
that chief minister Vilasrao Deshmukh had gifted a plot measuring 2057
square metres for an annual lease rent of Re 1 while its market value was
Rs 16 crore. The matter was adjourned to September 16.
The judges observed that the allotment
process should be transparent with advertisements issued for inviting bids
and a committee formed to process the bids received. They said, "It seems
all the past chief ministers are given plots. We do not say that they were
not able chief ministers but questions are bound to be asked if a plot
worth Rs 16 crore is given away for one rupee."
The bench also questioned the credentials
of the three trustees - Vijay Kalantri, who is a treasurer of state Congress,
Ashok Chavan, revenue minister and businessman Jayant Shah. The court asked
who these people were and wanted to know what charities they had undertaken.
Justice Shah noted that the prime plot was being given to a Trust formed
only in 2001. Justice Shah observed that the mode of succession of the
trust is hereditary thereby encouraging succession of legal heirs. Shakuntala
Joshi counsel for Manav Joshi who had filed the pil said the Trust appears
to be more for private interest than in the public's interest. She said
the Trust deed empowers the trustees to give give the trusteeship to their
own legal heirs and nominees in the event of death of if they are not able
to do the trust work.
She also said the plot is not reserved
for public purposes. "In fact it is reserved as a residential plot in the
development plan." She also argued that any change of user of the plot
has to be gazzetted.
Mr Vahanvati said there were two
adjacent plots of which one was given to Vasantrao Naik Agricultural Research
Institute and another to S.B. Chavan in 1992. He said the allotment was
not implemented earlier as the plot was reserved for housing and the reservation
was changed only in 2000 after Justice VS. Deshpande (retired Chief Justice)
and president of Swami Ramanand Tirth Smarak Uchchadhikari Samiti withdrew
his claim to the plots.
Mr Vahanvati pointed out that the
allotment made to the Vasantrao Naik Institute was never challenged. Ms
Joshi immediately objected to this argument saying that was no justification
for alloting the plot to Mr Chavan. She said on the one hand the government
claims it is financially strapped and has even reduced the remuneration
to freedom fighters. Yet on the other hand it is gifting away prime plots.
Justice Shah too observed that when
the state was facing a severe cash crunch, it should try and increase its
revenue. An affidavit filed by the revenue department denied allegations
that the government had made special allotments to former chief ministers.
He denied that the state incurred any huge loss by giving the plot to the
Chavan Prathisthan.
