HC asks MLA's/MLC's to pay outstanding rent

By Staff
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Google Oneindia News

Mumbai, June 15 (UNI) The Bombay High Court today directed the District Collectors in the State to recover outstanding rents for residential provision from Members of Legislative Assembly (MLAs) and Members of Legislative Council (MLCs), irrespective of whether they were serving or retired.

The court instructed that the overdue sum amounting to Rs 1.11 crore, be recovered from the salaries of the serving MLAs and MLCs, or from the pension of retired people's representatives and in case of MLAs or MLCs who were no more, the outstanding amount be recovered from their legal heirs.

A division bench comprising of Justices R M Lodha and A S Bagga, while hearing a public interest litigation (PIL), directed the state machinery to recover outstanding rents from MLAs and MLCs by deducting 50 per cent amount from their pension/ salary. While, the amount due from the deceased be deducted from the pension provided to the legal heir. The court further ordered that if the amount exceeded Rs 50,000, it should be recovered under the Maharashtra Land Revenue Act.

The PIL was filed by Mr Anand Paranjpe in 2002.

According to an affidavit filed by the state government, there are 65 deceased MLAs and MLCs and they owe a total amount of Rs 13,81,924.

However, Additional government pleader Pradeep Patil told the court that according to a unanimous decision taken by the State Cabinet in February 2004, the outstanding amount had been waived off. Also, in August the same year a government resolution was passed supporting the same.

The court questioned as to how the Cabinet took such a decision.

To this advocate Patil said, ''It was the wisdom and domain of the government to take such a decision and it was in the interest of the public at large.'' However, the court held this decision as illegal.

UNI XR-ARM KU MSJ BD2156

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