The Bombay High Court has come down heavily on Maharashtra Rashtrabhasha Sabha for several violations, and directed Nagpur Improvement Trust (NIT) to recover additional premium and ground rent for extra FSI granted for its prime government land in the city.
The high court also directed the state government to probe the role of present and ex-officers and elected representatives of the Hindi-promoting body and to immediately initiate appropriate civil or criminal proceedings against those found to have caused wrongful loss to Maharashtra or wrongful gain to any individual.
The HC, while allowing a PIL filed by Citizens Forum for Equality through its president Madhukar Kukde alleging abuse of procedure, illegal allotment of land and its commercial misuse leading to massive revenue loss of Rs 100 crore, directed the state government and NIT to conduct an inquiry as to how commercial buildings were permitted without change of user.
A division bench of justices B P Dharmadhikari and Indira Jain, yesterday pronounced the order which they had reserved on August 3.
The High Court also criticised the NIT for determining ground rent as per 1961 rate and quashed the order dated August 11, 2005, while directing it to determine fresh ground rent for the lease period from 31-02-1991 to 31-03-2021, and additional premium to be recovered from the Rashtrabhasha Sabha for additional FSI, as per Rule 8(2) of the Land Disposal Rules with effect from 21-02-2004 till 31-03-2021, within three months.
The Rashtrabhasha Sabha has been directed to pay current premium and ground rent within two months of its computation and arrears are to be recovered in 12 equal bi-monthly instalments.
On the alleged unauthorised construction by the Rashtrabhasha Sabha and demolition notice issued by Nagpur Municipal Corporation (NMC), the HC has directed a local court to decide the pending civil suit in the matter within one year.
The NMC, NIT and the Urban Development Department have been directed to study the documents and examine whether any right over undivided share was conferred upon any of the occupants, including Wockhardt Hospital.
The HC has also directed Joint Charity Commissioner, Nagpur to verify whether budget for each year and duly audited account were presented before competent authority and whether additional income, for which commercial use was permitted, was reflected in those accounts and if such additional income was used for the purpose for which land was originally allotted.
The petitioner had alleged that government land was
allotted to Pune-headquartered Maharashtra Rashtrabhasha Sabha for the promotion of Hindi Language by NIT only for Rs 30 lakh, bypassing mandatory provisions of Land Disposal Rules 1986 to auction the land.
It was also alleged that the said piece of land was illegally alienated and the interest was transferred to several parties through various agreements, to which NIT was not at all a party.
The petitioner further alleged that all the actions were violative of Lease Deed signed by the NIT and the rules 5, 6, 7, 24 of Land Disposal Rules-1983.
The PIL also demanded action against alleged unauthorised construction and commercial activities without the valid "occupancy certificate" and "building completion certificate" and wondered as to why NMC was not acting after issuing demolition notice for the reasons best known to it.
The petitioner demanded action against state government officers and prayed for a CBI inquiry while alleging that highly influential political persons are involved in the case.
It also prayed for demolition of the building, cancellation of allotment of land at concessional rate and also prayed for fresh auction of the government-owned land.
