It was built by ex-CM Manohar Joshi's son-in-law after changing reservation

The Supreme Court has adjourned the hearing of a petition challenging the Bombay High Court order to demolish the controversial Sun Dew Apartment on Prabhat Road.

The multi-storeyed commercial complex is owned by Girish Vyas, the son-in-law of former chief minister Manohar Joshi.

A division bench comprising Justice RV Raveendran and Justice Markenday Katju adjourned the hearing by six weeks to enable the parties to explore the possibility of finding an amicable solution to the issue.

The high court had ordered to cancel the decision to change reservation of plot, on which a building was constructed by a company owned by the son-in-law of Manohar Joshi when he was in charge of the concerned department.

The Supreme Court bench in its order during the recent hearing noted that the counsel for owners/developers submitted that the reservation for the purpose of school has been served by constructing a school in the adjoining plot, which was also reserved for school along with the plot no. 110 in dispute. He submitted that to put an end to the controversy, the owners/developers have given two plots to the municipal corporation and have also paid Rs25 lakh to the corporation. The corporation was already in possession of the two plots.

The court also noted the argument by the counsel of the state government that while it would not condone any irregularity, it is not averse to explore the possibility of any course of settlement, which will protect the interest of tenants and also save the building already constructed, if it could serve the public interest.

The Bombay High Court bench comprising Justice BN Srikrishna and Justice SS Parkar in a judgement in March 1999, had ordered the Pune Municipal Corporation (PMC) to cancel the commencement certificate for the construction of the apartment.

The court had also ordered PMC to ask Vyas and his construction company to restore the plot to its original position or demolish the construction. Later, the order was stayed as an appeal was filed in the Supreme Court.

The building was being constructed on a prime plot on Prabhat Road reserved for a school. The reservation of the plot was changed by the urban development department and shifted to a distant place in Mundhwa. When the reservation of the plot was changed to facilitate construction of an apartment, the then chief minister Manohar Joshi was in charge of the urban development department, which had made the change in reservation.

Civic activist Vijay Kumbhar had filed a Public Interest Litigation (PIL) in June 1998 to challenge the change in reservation of concerned plot.

The procedure of the case and the judgement had become a serious political issue as Manohar Joshi was made a respondent along with others.

In the background of the uproar, Joshi had ultimately resigned from his post in January 1999, two months before the declaration of judgement by the high court. Corporator Nitin Jagtap from the city had also filed similar PIL and participated in the case.

Dinesh Thite/ DNA-Daily News & Analysis Source: 3D Syndication