Chandigarh
In yet another setback to the Bollywood film director Subhash
Ghai, the Punjab and Haryana high court has restrained gram panchayat
Badhsa in Jhajjar district of Haryana from leasing out and transfer
of 20 acres land to Ghai's company Mukta Arts for opening Whistling
Woods film institute.
Earlier,
the high courts of Maharashtra on February 9, 2012, and Andhra
Pradesh on January 27, 2010, had set aside the respective state
governments' decisions of allotting 20 acres of land each to Ghai's
film institute.
A
division bench comprising acting chief justice MM Kumar and justice
Alok Singh ordered the authorities concerned to maintain status quo
with regard to the ownership of the land under challenge in a
petition filed by a retired school teacher Nafe Singh of village
Badhsa. The petitioner alleged that the village common land was sold
to Ghai's private company in the guise of "public purpose".
The
panchayat land measuring 20 acres in village Badhsa situated on the
border of Delhi and millinium city Gurgaon near to Kundli-Manesar
express highway was sold to Ghai's Mukta Arts in the name of
Whistling Woods for Rs. 24.09 lakhs per acre on September 30, 2010
where the total cost would be Rs. 8.3 crores.
The
bench also issued notice of motion to Ghai, Haryana government and
deputy commissioner Jhajjar so as to file their replies to the
contentions raised in the petition before July 31.
Alleging
nepotism and discrimination, the petitioner apprised the bench that
Haryana government's decision to grant permission to the gram
panchayat to sell "shamlat land"(village common land) to
Mukta Arts was in violation of rule 12 of the Punjab Village Common
(Regulation) Rules, 1964 applicable also to Haryana.
The
gram panchayat had passed the resolutions regarding sale of land to
Mukta Arts on January 6, 2010 and September 21, 2010 which had been
challenged by the petitioner.
It
was also submitted that Mukta Arts was also favoured by Maharashtra
and Andhra Pradesh governments by allotting 20 acres of land for
opening film institute Whistling Woods. However, high court's of both
the states had given the verdict against Ghai's company.
Bombay
high court had ordered Whistling Woods international film institute
to return the land at film city Mumbai, in which the Supreme Court on
March 24 had refused to stay indictment of union science and
technology minister and the then chief minister of Maharashtra
Vilasrao Deshmukh by Bombay high court.
The
Bombay high court had also ordered to close down the film institute
by 2014 after paying Rs. 54 crore lease rent for the land in
possession since 2000.
Similarly,
Andhra Pradesh high court had set aside the state government's order
of allotment of 20 acres of prime land at Ibrahimbagh village near
historic Golconda fort, stated the petitioner.
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