Bombay High Court Rebukes Eknath Shinde’s Government Over Illegal Fund Diversion in Pune

Pune, 23rd March 2024: The Bombay High Court declared Chief Minister Eknath Shinde’s government’s decision to cancel approved development works in the Kasba constituency of Pune, redirecting funds to the Parvati constituency, as illegal and arbitrary. The ruling, delivered by a bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Arif Doctor, deemed the government’s actions unjustified, ordering the completion of mandated and non-mandated development works in Kasba without delay in the upcoming financial year.

Rejecting the government’s contention of strategic allocation of development funds, the court emphasized that development works cannot be unilaterally cancelled or diverted after funds have been sanctioned. It deemed the government’s decision arbitrary, depriving citizens of Kasba of essential amenities and violating their rights.

The bench further clarified that the government’s actions were subject to judicial review, concluding that the decision to cancel and divert development funds lacked legality and fairness. The ruling came in response to a petition filed by Congress MLA Ravindra Dhangekar, who raised concerns regarding public interest.

Milind Sathye, appointed as a friend of the court, highlighted the arbitrary nature of diverting development funds, stressing the limited role of the Pune Municipal Corporation (PMC) in such matters. Advocate Abhijeet Kulkarni, representing PMC, underscored that the corporation’s involvement was merely advisory, with no authority in the decision-making process. The court, acknowledging this, invalidated the government’s decision.