HC dismisses petition on Lata's land in Kolhapur

Mumbai, Jan 23 (UNI) The Bombay High Court today dismissed a petition challenging the proposed re-development of a piece of land in Kolhapur, now owned by melody queen Lata Mangeshkar, on which the studio of late film director Bhalji Pendharkar stands.

Descendents of Mr Pendharkar had approached the Court, demanding that it be returned to them.

They had also demanded that in the alternative, Lata be stopped from demolishing the studio, Prabhakar Cinetone, and building a commercial complex there, as the land was allotted to Bhalji for setting up the studio, in the first place.

A Division Bench comprising Justices F I Rebello and R V More, while rejecting the petition filed by Narayan Yeshwant Gaikwad and his brother Madhukar Yeshwant Gaikwad, relied on a government's decision, conveyed through a letter dated October 28, 1982, to relax the condition that the land was to be used for running the studio.

Petitioners had later sought to convert the petition into a PIL, saying that public interest was involved because the melody queen was about to commercially exploit the land given to Pendharkar for the sole purpose of setting up a studio.

But the court said that no public interest was involved in this dispute.

The over 2-acre piece of land, according to the petitioners, was bought by their grandfather 1930. Kolhapur Municipal Corporation acquired it in 1946 for city extension purpose, but in 1946 it was given over to Pendharkar for setting up a studio.

Pendharkar mortgaged the land for getting a bank loan, and since he failed to repay, the bank auctioned the property.

Because of old family ties, Lata Mangeshkar bought it. However, she allowed Pendharkar to continue to run the studio.

It was petitioners' contention that when land was given to Pendharkar, it was recorded in the land register that it was to be used only for film production, and Pendharkar can not transfer it to somebody else.

They had contended that both the purchase of the land by Lata and closing the studio for allegedly building a shopping mall on it was illegal.

However, rejecting this argument, the judges relied on a Supreme Court judgement, which says that once a land is acquired by the government, it can very well waive any condition restricting its use, and can allot it for the purpose different from the original one.

In another development, the legendary singer has filed a petition in the High Court challenging an order by a lower court which rejected her claim that she was entitled to an additional 2000 sq metre of land, out of the original 38,623 sq metre that she possessed in Kolhapur.

A part of this land was declared excess, under the Urban Land Ceiling Act of 1976, and was acquired. Lata's contention is that she is entitled to retain additional 2000 sq metre as per the law.

The case has been adjourned for three weeks to enable the government to file a reply.

UNI