Bombay HC dismisses Shiv Sena (UBT) MLA Ravindra Waikar’s plea claiming discrimination in allocation of MLD funds

Shiv Sena (UBT) MLA Ravindra Waikar had alleged that Maharashtra Local Development funds were being allocated to Mumbai constituencies represented by ruling parties.

Waikar, in his plea, had claimed the MHADA had allotted Rs 11,420.44 lakh for ‘Slum Dwellers Re-allocation and Rehabilitation Plan of 2022-23’, Rs 26,687.2 lakh for ‘Development of Slums in Other than Backward Class’ and Rs 7,000 lakh for ‘Development of Basic Infrastructure’ for areas in Mumbai suburban district.

The Bombay High Court on Friday dismissed a plea by Shiv Sena (UBT) MLA Ravindra Waikar seeking equal allocation of Maharashtra Local Development (MLD) funds, claiming the same were allocated to many constituencies represented by ruling parties in a discriminatory manner.

“A decision taken to accord sanction for carrying out of different works in different localities and allocating funds for execution of those works is an administrative function guided by the State policy,” the bench noted, adding that judicial review of administrative function could not be done as sufficient material was not placed before it to test reasonableness of the decision. “We find there is no substance in the petition and it stands dismissed,” a division bench of Justices Sunil B Shukre and Rajesh S Patil noted.

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The MLD funds are allocated to each MLA and MLC to develop their respective constituencies and are allocated through the District Planning Commission for various purposes, including reallocation of slum dwellers, their rehabilitation, development of basic infrastructure in municipal corporations, and urban development in slums.

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The high court on March 30 had granted interim relief directing the state government to not disburse any balance amount under MLD funds with respect to the plea by the MLA from Jogeshwari (East) and the same was extended from time to time.

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Waikar, in his plea filed through advocates Satish Borulkar and Siddhasen Borulkar, had claimed the Maharashtra Housing and Area Development Authority (MHADA) had allotted Rs 11,420.44 lakh for ‘Slum Dwellers Re-allocation and Rehabilitation Plan of 2022-23’, Rs 26,687.2 lakh for ‘Development of Slums in Other than Backward Class’ and Rs 7,000 lakh for ‘Development of Basic Infrastructure’ for areas in Mumbai suburban district.

The plea had claimed that the allocation list for such funds, however, referred to many constituencies represented by ruling parties including the BJP, the Eknath Shinde-led Shiv Sena, and the Republican Party of India. Waikar said that the allocation of public funds was “discriminatory and arbitrary”.

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