Hussein Balwa challenges Maha CM's order over IT Park in HC

Mumbai: The Bombay High Court today sought a reply from Maharashtra Government on a petition filed by Hussien Balwa, cousin of DB Realty’s Shahid Balwa — accused in 2G scam — challenging the order passed by Chief Minister Prithiviraj Chavan asking the municipal corporation to issue a notice to the Balwas over a land matter.

Chavan had on ‘Lokshahi Din’ asked the Brihanmumbai Municipal Corporation (BMC) to issue a showcause notice to Hussien Balwa for constructing a 39,000 square yard IT park in suburban Goregaon without relocating the cow-shed owners who occupied the land earlier.

The land, owned by the state government, was handed over to Balwas for development of the IT Park. A division bench of Justices PB Majmudar and RM Sawant first suggested that the case be referred back to the CM for passing fresh order. However, counsels for the petitioner opposed it saying the CM cannot pass orders in the matter and the dispute should have been decided by a civil court.

According to the petition, the CM had passed the order on ‘Lokshahi Din’ on 3 October following a complaint by three tenants namely Ali Molapiya, Mohsin Molapiya and Asjad Molapiya of the property where the IT park has been constructed.

Under the order, the civic corporation had been directed to revoke the Occupancy Certificate (OC) granted to the IT Park -Techniplex Complex Ltd - on December 14 last year.

Government pleader DA Nalavade told the court that the CM had only given a recommendation to BMC and it was not an order. Counsel for the petitioner, Fredun DeVitre argued that which officer of the civic body would say that the CM’s order was only a recommendation and ignore it.

Asking the corporation not to act on the CM’s order till the petition is heard and decided, the court directed state to file its reply by 23 November.

PTI