Maha council adjourned over land allotment decision by Shinde as minister

Arguments broke out between members of the opposition and ruling parties over a decision taken by CM Eknath Shinde when he was a minister in the previous MVA govt

Maharashtra Legislative Council proceedings were adjourned for the day on Tuesday after arguments between members of the opposition and ruling parties over the issue of a decision taken by Chief Minister Eknath Shinde when he was a minister in the previous Maha Vikas Aghadi government of allotment of land meant for slum dwellers to private persons.

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

When Leader of Opposition Ambadas Danve was making a statement over the issue, ruling Bharatiya Janata Party (BJP) leaders including state Parliamentary Affairs Minister Chandrakant Patil objected to it and asked Council deputy chairperson Neelam Gorhe to give another time slot to the LoP to raise the issue.

On December 14, the Nagpur bench of the Bombay High Court was informed by amicus curie (appointed by court to assist) advocate Anand Parchure that Shinde during his tenure as the urban development minister of the MVA government directed the Nagpur Improvement Trust (NIT) to give away land acquired for housing scheme for slum dwellers to 16 private persons.

The court said if any such order as claimed is really passed, then a status quo be maintained on it.

The bench in its order said the court was since 2004 monitoring the land allotments made by the NIT to politicians and other influential individuals.

This was after a petition was filed by Nagpur-based social activist Anil Wadpalliwar, alleging the NIT gave away land to politicians and others at meagre rates.

Shinde became chief minister of Maharashtra with the Bharatiya Janata Party's support in June this year after the collapse of the MVA government.

When the Upper House proceedings began on Tuesday, Gorhe asked for questions to be taken up, but Danve, under the Point of Information, stood up and raised the issue of land allotment by Shinde.

Danve said, The Nagpur Improvement Trust had reserved a plot 4.5 acres in the city for the construction of houses for the rehabilitation of slum dwellers. However, former urban development minister Eknath Shinde, who is now the chief minister of the state, had issued an order to hand over the land parcel to 16 persons at the cost of Rs 1.5 crore. The current ready reckoner rates calculate the cost of the land to be Rs 83 crore.

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 still 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, Chandrakant Patil objected to Danve's statement saying when the Council's deputy chairperson had announced the Question Hour, the LoP should not have raised this issue and could have made his point at some other time.

Objecting to Patil's argument, Shiv Sena leader (UBT) Anil Parab said Danve raised the issue under the Point of Information, which has no such restrictions.

The leader of opposition was well within his rights to raise the issue. Whenever a leader of opposition receives any kind of information, he can always ask the House to clarify it at any given time, he said.

As both the sides argued, Gorhe adjourned the House proceedings twice for 15 minutes each.

When the House reassembled, Deputy CM Fadnavis said the 16 persons had requested then urban development minister Eknath Shinde saying as per the 2007 government orders, their layouts were not approved by the government.

"The NIT should have informed Shinde that the Justice Gilani committee has been formed (to conduct an inquiry into the allotment of the NIT land) and as the matter is sub-judice, he (Shinde) should not take any decision over it, 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.

"Surprisingly, the decision was out on April 20, 2021 and nobody objected to it for next some months," he added.

The amicus curiae in this case informed about Shinde's decision to the Nagpur bench of Bombay High Court in November this year and claimed it could be an interference in this legal battle, Fadnavis said.

The court has not issued strictures but some claims have been made by amicus curiae Anand Parchure 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.

The urban development department took cognisance of it and asked the NIT about it, he said.

The NIT informed the Urban Development Department that when the hearing took place, the report of the Justice Gilani committee was not presented before the department. We should have pointed it out then itself. Thus, Shinde ordered cancellation of regularisation of the plots and the report was submitted before the court as well, Fadnavis said in the upper house.

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, he said.

Fadnavis also said the case should not be discussed in the House as it is still going on and the court has not given its orders over it.

The opposition members then stood up and objected to Fadnavis's comments.

Gorhe then adjourned the House for the day.