HC asks Ghai to return land to govt, raps minister Deshmukh
PTI | 06:02 PM,Feb 09,2012Mumbai, Feb 9 (PTI) In a scathing indictment of union minister Vilasrao Deshmukh, the Bombay High Court today held him responsible for "misusing his official position" as chief minister to hand over 20 acres of land to filmmaker Subhash Ghai for a film institute at reduced prices, terming the transaction "illegal, arbitrary and without authority of law". A division bench of Chief Justice Mohit Shah and Justice Girish Godbole directed Ghai to hand over to the state government the land allotted for his institute-- Whistling Woods--in Filmcity, Goregaon. The court held the joint venture agreement dated May 30, 2000, signed between Ghai's Mukta Arts and Maharashtra Film, Stage and Cultural Development Corporation (MFSCDC) as "illegal, arbitrary and without authority of law". The then chief minister Deshmukh was present when the agreement was signed and had also made an endorsement in the agreement as a witness. "Vilasrao Deshmukh has clearly misused his official position as chief minister and it is not acceptable that a CM will personally sign such an agreement, which is illegal. It is clear that Vilasrao has extended undue favors to Ghai's Whistling Woods," the bench said. "Here is a case where all norms of transparency and reasonableness have been given a complete go bye. The present case is a classic example of arbitrary, unreasonable and illegal decision of permitting use of available land owned by the government without any authority of law," the court said. Disapproving of the role played by Deshmukh, currently Union Science and Technology Minister, in the transaction, the high court said "the defence of innocence raised by respondent number 7 (Deshmukh) cannot be accepted. It appears that the Managing Director of MFSCDC and Mukta Arts were emboldened by the fact that their illegal action has the blessings of the highest functionary of the executive arm of the state." The bench, however, added there was no material to indicate that these "undue favors" were granted by Deshmukh as quid pro quo to get his actor son (Riteish Deshmukh) established in the film industry. "Hence, there is no need to send the case to CBI for investigation," the high court said. More
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