While the division bench of Chief Justice M B Shah and Y S Jahagirdar today did not grant a stay on construction of the shopping complex, the judges said further construction will not be allowed. Moreover, the building will also not get the completion certificate. Most importantly, the respondent parties are not allowed to create any third party interests by either selling or leasing out the property. The petitions will now be finally heard on September 8. Meanwhile, the state government, Pune Municipal Corporation and Vyas' construction company are asked to file affidavits explaining their stance.

The petition filed by Pune-based journalist Vijay Krishna Kumbhar alleges violationof the Maharashtra Regional Town Planning Act by the Commissioner of Pune Municipal Corporation Ramnath Zha and Urban Development Ministry (a portfolio held by the CM), who allowed Vyas Construction to go ahead with the building.

It is alleged that the plot at Prabhat Road was initially reserved for a garden and then for a primary school. However, rules were flouted to favour Vyas' construction company. The construction firm later decided to give an alternate plot of land in village Mundhwa to the primary school. The petitioner claims such an arrangement is illegal and unconstitutional.

The other petitioner Nitin Jagtap, a sitting councillor in PMC, alleged that the plot, measuring 35,000 square feet, was owned by Laxmikant Murudkar and initially reserved for a garden in 1966. But it was not acquired by the civic body within ten years from its reservation. In 1979, the civic body initiated acquisition proceedings. The collector announced acquisition of the plot in 1983 and Rs six lakh was awarded ascompensation thereon.

Both the petitioners have urged the court to direct PMC and the state government to revoke the permission granted to the construction firm. They have also demanded action against the government and corporation officials who have allegedly helped the Chief Minister and his son-in-law to violate Pune city's development plan.

Kumbhar was represented by counsel M A Rane with V A Thorat and A A Kumbhakoni, and Jagtap's counsel was V P Sawant. Both petitioners pressed for an immediate stay on the construction, but the construction company's counsel V R Manohar said permission for the complex was given in March 1997. Therefore, it would be incorrect to stop work mid-way. The Chief Justice also didn't agree to a ban on construction, but he said the government should make itself clear and transparent before the court. Advocate General C J Sawant, representing the government, said he will produce the necessary documents in court.