Both SC, HC had cancelled earlier allotment of land to film director

Mumbai: The Supreme Court and high court had earlier cancelled the allotment of land to Bollywood director Subhash Ghai by former chief minister Vilasrao Deshmukh by passing serious strictures. Despite this, chief minister Devendra Fadnavis chose to allot the land to Mr Ghai instead of taking it back. Now, the government will give the land to Mr Ghai after seeking the high court’s approval, as senior IAS officers and former Advocate General Rohit Deo had cautioned the government about the move.

A division bench of Chief Justice Mohit Shah and Justice Girish Godbole on February 9, 2012 directed Mr Ghai to hand over the land allotted for his institute to the state government while holding Deshmukh responsible for “misusing his official position as chief minister” to hand over 20 acres of land to Ghai for a film institute at reduced prices and terming the transaction “illegal, arbitrary and without authority of law”. The court held the joint venture agreement dated May 30, 2000, signed between Mr Ghai’s Mukta Arts and Maharashtra Film, Stage and Cultural Development Corporation (MFSCDC) as “illegal, arbitrary and without authority of law”. “Here is a case where all norms of transparency and reasonableness have been given a complete go-by. The present case is a classic example of arbitrary, unreasonable and illegal decision of permitting the use of available land owned by the government without any authority of law,” the court had said.

The bench, however, had added there was no material to indicate that these “undue favours” were granted by Deshmukh as quid pro quo to get his son (Riteish Deshmukh) established in the film industry. “Hence, there is no need to send the case to the CBI for an investigation,” the high court said. The high court order was upheld by the Supreme Court in 2012 by a bench headed by Justice K.L. Dattu, and the state had taken possession of 14.5 acres of land. Considering the students, the ground and building land is still with the institute.