HC refuses to interfere in plea against Lavasa hill city citing “gross delay,” observes exertion of influence and clout by Sharad Pawar, Supriya Sule

The bench said that NCP leader Ajit Pawar who then was State irrigation minister and ex-officio chairman of Maharashtra Krishna Valley Development Corporation (MKVDC) “failed to disclose the direct or indirect interest and was found to be remiss in his duty only to that extent.

In the absence of the unrebutted allegations as there was no denial to the same, the court observed, “we are left to judge the veracity of the allegations on tests of probability without anything more substantial by way of answer” and therefore applying “doctrine of non-traverse (if not denied, accepted)

A division bench of Chief Justice Dipankar Datta and Justice Girish S Kulkarni passed a judgement in a PIL by lawyer Nanasaheb Vasantrao Jadhav, seeking that the special permission be declared to the project as inconsistent with the Bombay Tenancy and Agricultural Lands (BTAL) Act and same be quashed and set aside, adding that the hill station was being developed “purely on commercial basis.”

Apart from other decisions, the plea also challenged “ex-post facto” sanction by MKVDC’s Governing Council of June 20, 2002 and subsequent execution of agreements which were again followed up by Sharad Pawar by having a meeting with the then Chief Minister and Ajit Pawar, etc. in regard to problems being encountered to implement his “dream project.

“It cannot be said that exertion of influence and clout by Sharad Pawar and Supriya Sule is an unreasonable inference that cannot be drawn from the facts…Sharad Pawar and Supriya Sule being personally interested in the project, it is proved by preponderance of probability that the allegations are true,” the bench noted.

It added, “… It was the solemn duty of Ajit Pawar to disclose his direct or indirect interest in the matter; but there is nothing on record to suggest that he did disclose his interest… Limited to that extent, Ajit Pawar is found to be remiss in his duty.”

The Court, while disposing of the plea observed, “With a deep sense of pain and remorse, we feel compelled to take judicial notice of the malaise of looting of India and its natural resources by its own people in the recent past. The roots of such malaise have, without doubt, set in deep. The country is faced with a situation where uprooting of this malaise seems to be difficult, if not impossible.

It added, “… the mindset of the people needs to change…Above all, concern for the welfare of the people and zero tolerance for corruption must override all other considerations. If the greed and dishonesty for power and money continue unabated, the future does not augur too well for the country.”