UD ministry order is nothing but govt land grab: Legal expert

Nagpur: Advocate Anil Kumar Mulchandani has described as “nothing but grabbing of government land” the order of CM Eknath Shinde, passed when he was urban development minister in the Maha Vikas Aghadi government, directing Nagpur Improvement Trust (NIT) to execute lease and hand over to 16 persons over 2 lakh sq ft land meant for housing the poor.
TOI had on November 14 reported Shinde passed the order on April 20, 2021, though a case relating to the land was pending in the Nagpur bench of Bombay high court. Following Shinde’s order, NIT got less than Rs2 crore for land worth over Rs83 crore. The order was passed despite objections by two NIT chairpersons, the then legislator Sudhakar Kohle, and activist Kamlesh Shah.
Mulchandani, who has also worked as counsel for NIT, went through the orders of Shinde, NIT chairperson, and observations of Gilani Committee appointed by the HC. He told TOI, “Order of the minister cannot be justified as the land is originally owned by the society and there is no reference to title deeds. There is only reference to allotment of the plots, which are carved out illegally and there is no sanction. The acquisition is of the agricultural land as it existed. There cannot be any plots as such on perusal of the circulars, only further adjudication can be done. However prima facie it is seen that the minister has illegally allowed conversion of the said property into plots and allotment to the interested, more particularly to various members of the family, which cannot be done under the act.”
Mulchandani also said the provisions of Gunthewari Act cannot be applied to the said land and plots as they were not illegally carved out and size of the plots is too big. “Land acquired for eradication of slums to the extent of about 28 acres appears to be missing as NIT suggests that only 15 acres is left, which requires to be investigated,” he said.
Mulchandani added that the minister’s decision to execute lease and hand over the said land to 16 persons and rate recovered by NIT citing order of the minister were also violation of NIT Land Disposal Rules-1983. “NIT’s land shall be disposed of by inviting tenders or by public auction as laid down in clause (iv) of sub-rule (2) of NIT Land Disposal Rules. Rate shall be determined only by way of auction/tender. In case of grant of land to co-operative housing societies, when the size of the plot to be allotted to each member does not exceed 300 sq m and grant of individual plots of land where the size of the plot does not exceed 300 sq m, the same shall be disposed of on predetermined premium by the NIT by draw of lots,” he said.
In this case, NIT had not invited any tender or organized any auction. The civic agency had handed over its sprawling land to 16 persons citing minister’s order.
BOX
NIT Land Disposal Rules
* Premium for grant of lands shall be determined on the basis of highest bid received in the auction or tender subject to fixation of the upset price, which shall not be less than the cost incurred on account of acquisition and development of such land
* In case of disposal of land on predetermined premium, the premium shall be fixed by the committee consisting of chairman, collector, and deputy director of town planning. Committee, which shall take into account sale of similar or similarly situated land in the vicinity during the year immediately preceding the fixation of premium
* There is only provision to grant concessional land with permission of chairman on some conditions -- land with all fixtures and structures thereon shall be liable to be resumed by the NIT if not used for the specific purpose or purposes for which it is granted by such date as the NIT may fix in this behalf or if used for any purposes other than the specified purpose or purposes for which it is granted or is required by government for its own purpose or any public purpose and that a declaration by the chairman that the land is so required shall as between the grantee and the government be conclusive