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April 9, 2001

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HC says Narayan Rane misused powers

In a hard-hitting order, the Bombay high court on Monday described as 'misuse of power' and quashed the 1998 order of the then revenue minister of Maharashtra Narayan Rane, who had lifted reservation on a plot in Pune meant for the Agricultural Produce Market Committee and restored its title to the original land owners.

The order has come as a setback to Rane, who was the chief minister of Maharashtra and is now the leader of the opposition in the state legislative assembly.

Hearing petitions filed by the APMC and Rajendra Khanave, Justices P S Patankar and H L Gokhale held that the impugned order was in gross violation of the principles of natural justice.

The judges also directed the respondents to pay costs of Rs 50,000 to APMC. They held that 'it was a perverse order, without any supporting material and actuated by malafide intention'.

"It is nothing short of misuse of powers to favour the land developers. We have a minister of revenue who does not consider the material placed before him but considers the information, which has come on record subsequent to the conclusion of the hearing," the judges observed.

"Rane has the courage to state on affidavit that though the hearing had concluded he had passed the order after a substantial period (on May 20, 1998) and after taking into consideration the record available before the government and the letter of Collector dated March 6, 1998," the judges remarked.

"Why should he do this except for reasons alleged in the petition, namely that he was influenced by someone who had just put in the earnest money to claim a large plot of land of one hectare and 34 acres in a prime area of Pune for which compensation under the award of 1989 was over Rs 2.6 million?" the judges noted.

They said Rane did not have concern for the weaker sections of society like the 'Burud' community for whom the plot was reserved.

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