Beneficiaries created 3rd party interest before Shinde’s order

Nagpur: Chief minister Eknath Shinde, during his tenure as urban development (UD) minister in Maha Vikas Aghadi (MVA) government, had passed an order in favour of 16 persons when many of them allegedly had already created third party interest. According to advocate Anil Kumar Mulchandani, a former counsel of Nagpur Improvement Trust (NIT), Shinde’s order was not sustainable in such a scenario.
TOI on November 14 reported Shinde passed an order on April 20, 2021 directing NIT to lease and hand over 16 plots measuring 2,08,079.73 sq ft in mouza Harpur on Umred Road to 16 persons even as the land was acquired for housing for urban poor. A writ petition related to the land was also pending in the Nagpur bench of Bombay High Court since 2004.
Referring TOI’s reports, amicus curiae Anand Parchure filed pursis in HC alleging Shinde’s order would amount to interference in the administration of justice as it was passed during pendency of the instant petition. Judges Sunil Shukre and MW Chandwani imposed status quo on Shinde’s order and kept next hearing on January 4, 2023.
As per documents available with TOI, the names of 16 persons were included in city survey office’s records between 2004 and 2010. This happened as case related to ownership of the land was pending in HC.
In its order dated July 1, 2010, the HC had directed the city survey office and also revenue authorities to mutate the NIT’s name on their record.
One of the 16 persons on the condition of anonymity told TOI, “Many of us have created third party interest on parts of our lands after NIT issued allotment letters and accepted charges in 2017,” he said.
Mulchandani said, “Order was passed to lease and hand over plots to 16 persons. Obviously, in case these 16 persons are not owners on the day the order was passed, it will not sustain. The current owner has to file application and order should be in his/her favour. NIT is also wrong to execute lease and hand over hand in case they are not owners in the current condition,” he said.
As per documents available with TOI, these 16 persons were never owners of the plots. NIT was owner of the plots after acquiring the land from original owner Shamjibhai Kheta and taking possession on July 23, 1981 under Sakkardara Street Scheme approved by the government. The NIT and state government leased plots to 16 persons even as such decision was set aside by the HC on September 7, 2004. As per NIT’s land disposal rules, the lands owned by the civic agency can be leased via public auction and not by entertaining applications from particular persons or organizations.
On December 2, the HC had quashed the government’s order to allot a plot to an association without public auction.
Activist Kamlesh Shah said the government should initiate action against all responsible in the Harpur land case as Anti Corruption Bureau (ACB) on May 29, 2018, wrote to principal secretary of urban development department (UDD) asking to take appropriate action on his complaint.
Around 10 days ago, NIT reportedly razed over 100 shanties that came up on some of the 16 plots, which vice-president of city Congress committee Balu Sheikh termed as an irregularity to benefit private persons. “NIT handed over possession to 16 persons last year. It means these plots became private property. The shanties were removed with police protection. Later, the plot owners constructed compound wall,” he said.
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IN A NUTSHELL
* CM Eknath Shinde during his term as UD minister in MVA govt had directed NIT to lease and hand over 16 plots to 16 persons in April 2021
* Some of these 16 persons had allegedly created third party interest between 2017 and 2021
* According to an advocate, minister’s order not sustainable as it was passed on the day when 16 persons were not absolute owners
* HC on September 7, 2004 had ordered that government cannot direct NIT to allot its land to an individual or organization. Land is to be leases through public auction as per Land Disposal Rules
* ACB sought UDD’s reply in 2018 on complaint by activist Kamlesh Shah in relation to the same case. Complaint pending as on date