Upholding the strictures passed by the Bombay High Court on the then chief minister Manohar Joshi,the Supreme Court on Wednesday directed the Vyas Construction,owned by Girish Vyas,son-in-law of Joshi,to hand over possession of the 10-storied building,Sundew Apartment,to the Pune Municipal Corporation (PMC) failing which the developer or PMC should take steps for demolition of the disputed building. The Supreme Court has directed the developer to give the possession of 22 flats in the Sundew Apartment in the prime locality of Prabhat Road to the civic body which should be used for the same reason as stated in the development plan of PMC," said activist Vijay Kumbhar,who had filed a petition against the alleged illegal construction by Vyas Construction. He said that the court has asked the PMC to demolish the building if it cannot be used for the purpose as in the development plan. According to the DP,the 30,000 sq feet plot in the prime locality of Prabhat Road is reserved for primary school. However,the petitioner had approached the Bombay High Court pointing out that the construction was illegal and was without the permission of the civic body. The controversy had also led to Joshi's exit as the chief minister. The court has allowed the former occupants on the plot to continue to reside in the building constructed for the tenants,Kumbhar said,adding,the two buildings where the tenants have been rehabilitated would remain intact. The apex court has rejected the prayer to expunge the remarks passed by high court on then chief minister Joshi and state minister Ravindra Mane while those against the municipal commissioner has been deleted. The bench of Justice R V Raveendran and Justice H L Gokhale directed t he then chief minister and the then minister of state to each pay cost of Rs 15,000 to each of the two petitioners - Vijay Kumbhar and Nitin Jagtap - in the high court. It also said the state government and planning authorities scrupulously follow the direction and suggested safeguards with respect to the spaces meant for public amenities. As per the order,the direction given by the state government for the deletion of reservation on plot and the consequent commencement and occupation certificates issued by the PMC in favour of the developer were in complete subversion of the statutory requirements of the MRTP Act. The development permission was wholly illegal and unjustified,the court said. The direction of the High Court in the March 15 ,1999 judgment for demolition of the concerned building was fully legal and justified,the order,said,adding that the contention of the landowner that his right of development for residential purposes on the concerned plot under the erstwhile Town Planning s cheme subsisted in spite of coming into force of the development plan reserving the plot for a primary school,is liable to be rejected. The Backgrounder It was over a decade ago that Girish Vyas of Vyas Construction had submitted building plans on behalf of the land owner,seeking permission for constructing on plot No.110,Prabhat Road in Erandwane. The PMC had earlier refused permission on the grounds that the plot was reserved for a primary school. However,the state government later ordered the civic chief to inspect the land and submit a report if any compromise is possible. The then PMC commissioner Ramanath Jha had submitted a report offering an alternative site at Mundhwa-Lohegaon,which was then accepted. The file was placed before the then chief minister Manohar Joshi to relax conditions preventing the shifting of reservation beyond 200 metres under Section 13.5 of development control (DC) rules of PMC. Joshi endorsed the plan. The Urban Development Department then directed the PMC to allow the developer to go ahead with the construction of the building. The developer deposited Rs 25 lakh with the PMC and the land at Mundhwa was handed over to the civic body to change the reservation.
