Bombay High Court Ruling Gives Ammo To Opposition To Target Eknath Shinde

The Bombay High Court has ordered status quo on a decision taken by Maharashtra Chief Minister Eknath Shinde, when he was a minister in the erstwhile Maha Vikas Aghadi (MVA) government, of allotting land meant for slum dwellers to private persons, a ruling that prompted the Opposition to demand the CM's resignation and hold protests in the legislature complex on Tuesday.

The HC order provided ammunition to Opposition members to target the Shinde-Bharatiya Janata Party (BJP) dispensation during the ongoing winter session of the state legislature in Nagpur, but Deputy Chief Minister Devendra Fadnavis stoutly defended the government in the Council and denied any wrongdoing on part of the CM.

A division bench of Justices Sunil Shukre and M W Chandwani of the HC's Nagpur bench, in its order passed on December 14, noted that the court since 2004 has been monitoring the land allotments made by the Nagpur Improvement Trust (NIT) to politicians and other influential individuals.

This was after a petition was filed by Nagpur-based social activist Anil Wadpalliwar, alleging the NIT, a local planning authority constituted under the state government's urban development department, gave away land to politicians and others at meagre rates.

On December 14, the bench was informed by amicus curie (appointed by court to assist) advocate Anand Parchure that Shinde, during his tenure as the urban development minister in the Uddhav Thackeray-led government (November 2019 to June 2022) directed the NIT to give away land acquired for a housing scheme for slum dwellers to 16 private persons.

"If any such order as claimed is really passed then we would direct the authorities to maintain status quo till the next date (of hearing on January 4)," the court said.

Members of the Opposition bloc MVA latched on the HC ruling and staged demonstrations in the legislature complex in Nagpur against the state government.

They accused the Shinde-BJP government of being corrupt and demanded the resignation of the Chief Minister, who assumed the top office in June after the collapse of the MVA government following a revolt by a section of Shiv Sena MLAs.

Deputy Chief Minister Fadnavis said in the Legislative Council that their government does not give costly plots at lower rates to anyone.

However, the Upper House proceedings were adjourned for the day after arguments between members of the Opposition and ruling parties over the matter.

Leader of Opposition in the Assembly Ajit Pawar (NCP), Congress leaders Nana Patole, Prithiviraj Chavan, Balasaheb Thorat, Shiv Sena (Uddhav Balasaheb Thackeray) legislator Aaditya Thackeray and other members staged demonstrations in the legislature complex.

The MVA leaders raised slogans, accusing the Shinde government of being corrupt.

In the Legislative Council, Leader of Opposition Ambadas Danve said the NIT had reserved a plot measuring 4.5 acres in Nagpur for the construction of houses for rehabilitation of slum dwellers.

"However, former urban development minister Eknath Shinde, who is now the chief minister, had issued an order to hand over the land parcel to 16 persons at a cost of Rs 1.5 crore. The current cost of the land is Rs 83 crore," he claimed.

“It is very serious matter. The Nagpur bench of the Bombay High Court had already put a stay on the hand over of the land and the case was going on. Despite that, Shinde, as the urban development minister, took the decision to hand over the land, which is a serious interference in the court's work,” said Danve, who is part of the Thackeray-led Shiv Sena (UBT).

However, BJP leader and minister Chandrakant Patil objected to Danve's statement saying when Council's deputy chairperson Neelam Gorhe had announced the Question Hour, the Opposition leader should not have raised this issue and could have made his point at some other time.

Deputy CM Fadnavis said Shinde gave his order (of land allotment) in April 2021, saying all the 16 persons should be treated at par with the other parties whose plots have been approved. They should pay the same amount and development charges as paid by the earlier parties and should be given the possession after completion of lease agreement of the plots immediately, Fadnavis said, defending the CM.

"Surprisingly, when the decision was taken on April 20, 2021, nobody raised objection for the next few months," he added.

The amicus curiae in this case informed about Shinde's decision to the Nagpur bench of the HC in November this year, Fadnavis said.

“The court has not issued strictures but some claims have been made by the amicus curiae before the court. However, the court only requested the state government to submit its response and also asked the state government not to involve any third party in this case. It also asked that status quo be maintained in the land case,” he said.

“There would have been wrongdoing had Shinde given the plot regularisation orders despite the Justice Gilani committee report being in place. This government does not give costly plots at lower rates to anyone,” Fadnavis said.

The deputy CM said the case should not be discussed in the House as the matter is still pending in the HC.

However, Shiv Sena (UBT) leader and former minister Aaditya Thackeray, talking to reporters in the legislature complex, demanded an inquiry into the land allotment decision. 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)