A division bench of Chief Justice Mohit Shah and Justice R V More dismissed a PIL filed by activist Nitin Deshpande alleging that the state government showed undue favours while allotting land to Siddhant and Nyay Sagar societies, which are meant for retired and sitting judges of the higher judiciary.
The Public Interest Litigation alleged that earlier reservations of the land were changed. The Nyay Sagar plot was meant to rehabilitate the 'dishoused persons' while Siddhant plot was reserved for a subordinate court building and staff quarters.
"There was no haste in allotment of land to the societies. We reject the contention of the petitioner that the allotment was illegal with regard to deletion of reservation. The allotment was in accordance with rules and there is no illegality," the bench observed today.
It further held that it was not illegal for the sitting judges who have been allotted flats in the societies to lease the flats.
"People think judges work only during the prescribed court hours. But in reality a judges' work extends beyond court hours also. Judges have to read case papers and law books to understand a matter before him. The official quarters allotted to sitting judges in the vicinity of the High Court is so that a judge does not waste time travelling from his suburban home to South Mumbai where the High Court is. This time can be used by the judge to study cases," the Chief Justice said.
After dismissing the PIL, the Chief Justice in a lighter vein said, "In other states, high court judges are allotted bungalows on lands admeasuring over two acres."
Deshpande's lawyer Amit Karande had argued that under Maharashtra Regional and Town Planning Act, government should have sought opinion from the public before allotting the land.
"It first allotted the land and then invited objections through the newspapers which were not widely circulated," he said. (MORE)
