The Bombay High Court today admitted a public interest litigation (PIL) against the state government and Aditya Constructions and Developers Private Ltd (ACDPL), a firm which reneged on its promise to construct a court building in lieu of clearance to develop a massive plot at Goregaon east.Express Newsline had unearthed the land scam earlier this year (February 5 and 6, 1999) and exposed how the state government's housing department, instead of taking action against the firm, showered favours on the latter. Alarmed by the news reports, Bhagvanji Raiyani, an alert Mumbaiite, filed a PIL in Bombay High Court in March 1999.
A division bench of Chief Justice Y K Sabharwal and Justice S Radhakrishnan this afternoon admitted the PIL and directed the state government and the ACDPL to file an affidavit in reply. The PIL will now come up for hearing after the summer vacation is over in June.
The ACDPL backtracked on the execution of an agreement with the state government to construct a building fordifferent courts in Mumbai on a plot measuring 1,03,060 sq ft in Goregaon east. However, the ACDPL selectively exploited terms of the agreement that allowed it to construct and sell in open market a residential-cum-commercial complex of 30 multi-storeyed buildings. The plot on which the ACDPL has constructed the multi-purpose complex is bigger than 10 lakh sq ft and Gokuldham - as the complex is now called - has become the most elite address in the western suburbs. ACDPL has been avoiding the matter since 1983 and has now refused to construct the court building at the rate fixed by the state government's Public Works Department. In a shocking development, Housing Minister Suresh Jain has given permission to ACDPL to further develop half of the plot reserved for the court building and construct another multi-purpose complex.
Raiyani has demanded that all chief ministers from 1983 to 1999 who did not take any action against the firm be punished. The PIL also demands that a panel of experts be appointed toprobe the causes of failure of execution of the contract on part of the firm and the state government. Most importantly, it demands that the ACDPL be asked to start and complete construction of the court building at the original plot within the period and at the rate of construction fixed by the High Court.
Asked if the state government has directed ACDPL to construct the court building at rates fixed by the government, housing secretary Govind Swarup replied in the negative. ``The court has directed us to file an affidavit, and we have not given any new directions as far as construction of the court building is concerned. I cannot comment further as the matter is subjudice,'' Swarup said.
When contacted, ACDPL chairman K M Goenka said: ``We have always been willing to construct the court building. The government can take the plot of land back for free. But we cannot accept the rates fixed according to the 1988-89 rates. I am very happy the court has come in and is trying to find out if anything has gonewrong in the deal.''
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.