)
In a relief to Maharashtra Deputy Chief Minister Ajit Pawar, the Bombay High Court today dismissed two PILs seeking CBI inquiry against Pawar and water resources department officials for their complicity in the multi-crore irrigation scam.
Social activists Pravin Wategaonkar and Ketan Tirodkar had sought direction to CBI to probe into grant of approval to 38 irrigation projects in 11 districts of the state.
According to the PILs, there were large scale illegalities, irregularities and corruption in the irrigation projects.
A division bench of Justices S C Dharmadhikari and S B Shukre, however, observed that the petitioners had alternate remedies under law to approach a lower court with a private complaint.
"Just because public servants are involved does not mean that the petitioners cannot approach the lower court. If a private complaint is filed and the court feels that a cognisable offence is made out then it can direct for FIR to be lodged and the investigating agency will later file a report," the bench said.
It further observed the petitioners should first exhaust alternate remedies available under law and approaching the High Court straight away is not permissible.
"The lower court is not going to get influenced by the fact that the persons against whom FIR has been sought are public servants and high ranking bureaucrats including a minister," the High Court said.
Advocate General Darius Khambata had informed the court that a high powered committee has been formed by the government to look into the allegations.
Wategaonkar's PIL has sought an inquiry into cases where "idle charges" were paid to contractors, while withholding dues of the project affected people and payments made towards forest land/forest clearances in Jamda and other Konkan Irrigation Development Corporation (KIDC) projects till 2011-12.
The PIL also alleged violation of rules to favour certain private contractors.
"In the decade beginning with 2000-01 till 2009-10, the government of Maharashtra has spent about Rs 70,000 crores on irrigation projects. Probe should be conducted to rein in the unwarranted cost escalations," it alleged.
