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Bombay High Court seeks details of MLD funds disbursed to MLAs in Maharashtra, stays future disbursement till further orders

The High Court of Bombay has directed the government of Maharashtra to file an affidavit regarding the amount disbursed for the financial year 2022-23 from the Maharashtra Local Development (MLD) funds to the Members of Legislative Assembly (MLAs).

The Bench of Justice G.S. Kulkarni and Justice R.N. Laddha directed the State of Maharashtra to file an affidavit over the amounts disbursed from February 17 till date, along with their allocation as per elected representatives of different constituencies, by April 3.

The High Court further told the ruling dispensation not to disburse any remaining MLD fund till further orders. 

The order was passed on Thursday on a petition filed by Ravindra Waikar, an MLA belonging to the Uddhav Thackeray faction of the Shiv Sena, seeking equal allocation of MLD funds to MLAs without discrimination on the basis of political parties.

Appearing for Waikar, Advocate Satish Borulkar apprised the High Court that on February 17, when the petition was first heard, the government had sought time to take instructions and file its reply. 

He claimed that since February 17, large amounts were disbursed from the funds to the MLAs. 

Terming the allocation as discriminatory and contrary to public interest, the Advocate contended that there has to be fair distribution, as these were ultimately public funds to be utilised for public benefit.

Appearing for the Maharashtra government, additional government pleader Milind More said the amounts for the financial year 2022-23 have already been disbursed.

After recording his statement, the High Court directed the State to hold disbursement in the event some amounts were yet to be disbursed and listed the matter for further hearing on April 5.

MLD Funds are allocated to each MLA and Legislative Council for the development of local areas through District Planning Commission for various works, such as reallocation of slum dwellers and their rehabilitation, development of basic infrastructure in municipal corporations

and urban development in slums.

Filed by Advocate Siddhasen Borulkar, the petition that the State had allotted a total of Rs 45,102.42 lakh towards the MLD funds. However, the list showing amount allocation to MLAs showed that constituencies represented by the ruling Bharatiya Janata Party (BJP), the Eknath Shinde faction of the Shiv Sena and the Republican Party were allocated large amounts of funds.

The MLA alleged in the plea that his constituency itself had a number of slums which were in need of civic amenities. However, he and other members of his party were denied funds for their respective constituency. He sought quashing and setting aside the present allocation of funds.

(Case title: Ravindra Waikar vs State of Maharashtra & ors)

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