The Bombay High Court, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor, expressed several concerns regarding the land acquisition. The court questioned the legality of requisitioning land without providing compensation and emphasized the need to follow established procedures even for essential public functions like elections. It also raised doubts about how the land allotment was carried out and whether there had been a change in land use without proper authorization.
Mumbai: On May 9: The Bombay High Court raised concern over the Election Commission of India’s (ECI) acquisition of an open plot of land for the storage of Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trail (VVPAT) machines.
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The court, presided over by Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor, raised questions about the legality of the land allocation process and emphasized the importance of following established procedures.
The court inquired
“Does any law authorize requisitioning without compensation? Just because conducting elections is a crucial public function, a cornerstone of democracy, does it exempt from legal procedures? Can the District Collector, acting also as the District Electoral Officer, acquire land only at the behest of the ECI? How was this allocation executed?” requested the Court.
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The court also expressed concerns about the change in land use without proper land reservation.
“Even if the requisition procedure is followed, can we allow the land to be used solely for elections without altering its reservation? These are pressing concerns. These plots have been earmarked for a specific purpose after careful consideration. Additionally, over 600 saplings have been planted. Disrupting this established use in what appears to be an illegal manner is something we cannot condone,” remarked the Court.
The court emphasized that it was not only concerned about the change in land use but also how it was done solely due to election requirements. It expressed apprehension that permitting such actions could set a precedent for further lawlessness.
Background
Two individuals from the Pimpri Chinchwad Municipal Corporation (PCMC) approached the court, opposing the proposed utilization of the Metro Eco Park Akurdi for purposes other than an open space.
The land in question was intended for constructing a building to store EVMs and VVPAT machines, as well as serving as a regional election training center for the ECI. The petitioners alleged that portions of the open space within the park were illegally transferred to the ECI for this purpose, prompting them to seek relief from the High Court.
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The Election Commission of India, represented by senior advocate Ashutosh Kumbhakoni and advocate Akshay Shinde, assured the court that the reserved open space would not be used for construction activity. They also pledged not to cut down the existing trees and to continue providing watering facilities. The court noted this statement in its order and scheduled further consideration of the matter for June 18.
Additionally, the court issued notices to the Pimpri Chinchwad Municipal Corporation (PCMC), Pune Metropolitan Regional Development Area (PMRDA), and the State of Maharashtra. It called upon all respondents to file their affidavits by June 10, as the case raised issues concerning public interest and the environment.
Case Title: Prashant Raul & Anr v. Pimpri Chinchwad Municipal Corporation & Ors.
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