The Bombay high court has come down hard on former Maharashtra chief minister Vilasrao Deshmukh, now Union minister for science and technology, for his role in the setting up of Whistling Woods, a film training institute, by Mukta Arts, which is owned by filmmaker Subhash Ghai.
Deshmukh gave Mukta Arts prime land in Goregaon at a highly discounted rate using his ‘discretionary power’. The high court said he had misused the power and asked that the land be returned to the state. As the court observed, norms of transparency and reason were given the go-by in allotting land to Mukta Arts, which is not a registered institute or charitable body, while Whistling Woods is a school that charges hefty fees and is run on commercial lines.
The use of discretionary power has been debated for long. There is one school of thought that wants it done away with completely, while another believes it must continue but with safeguards, so that it benefits those who truly deserve it.
Given Mumbai’s skyrocketing land prices, it is difficult for many institutes, especially those that cater to the poor or lower-middle classes, or those that are engaged in work that does not lend itself to making money (schools for the handicapped and institutions to train slum dwellers, for instance) to buy land to set up their classrooms. Such institutions do need government intervention, whether by way of lower taxes or allotment of land at lower prices. But in handing over such benefits, the reason must be apparent not just to the parties involved, but also to the general public.
Given these considerations, there was no basis on which Mukta Arts deserved land at concessional rates. The judgment is welcome, and should serve as a benchmark for all future concessions. Let us be clear: discretionary power cannot become arbitrary power.
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