The complainant, who appeared in person before special judge Satyanarayan R Navander who deals with matters pertaining to MPs and MLAs, said November 25 letter received by him from MHADA confirmed his allegations over the misuse.
A special court in the city on Wednesday directed Anti-Corruption Bureau (ACB) of Mumbai Police to register an FIR based on a complaint against Shiv Sena Kurla MLA Mangesh Kudalkar for allegedly misusing public funds sanctioned for development works in the constituency.
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The court said the allegations against the MLA were “serious in nature,” therefore thorough probe was required.
The court passed an order after hearing application filed by one Ramesh Satyan Borwa, who alleged that Kudalkar had constructed hall and commercial centres on plot reserved by Maharashtra Housing and Area Development Authority (MHADA), by utilising public funds in unauthorised manner for personal gains.
Borwa, in his complaint, alleged that the public funds were meant for development works in his constituency and instead of carrying out the sanctioned work, Kudalkar constructed the hall and commercial centres and they are unauthorisedly given on rent.
The complainant, who appeared in person before special judge Satyanarayan R Navander who deals with matters pertaining to MPs and MLAs, said November 25 letter received by him from MHADA confirmed his allegations over the misuse.
The application filed by Borwa sought direction from court to the Police to register FIR for offences punishable under sections 7 (public servant obtaining undue advantage), 13(2) (misconduct by public servant) of the Prevention of Corruption Act among other provisions. The court noted that none represented ACB and Kudalkar.
“Prima facie, it appears that on the plot reserved by MHADA for amenity service and garden, a hall is constructed with some commercial centres unauthorisedly. According to the complainant, the unauthorised construction on the public property is carried out with the public funds by the accused MLA. The allegations are specific,” special court’s order records.
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Allowing Borwa’s plea, the judge went on to observe, “The allegations are serious in nature. Prima facie, the construction carried out is unauthorised one. It is on the public property. From the letter issued by MHADA dated dated November 25, 2025, there appears some substance in the allegations. Therefore, it would be proper to issue directions ot the Senior Police Inspector, Nehru Nagar Police Station, Mumbai, to register FIR and to carry out thorough investigation as per Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.”
The court then directed that the complaint be forwarded to Assistant Commissioner of Police (ACP), Anti Corruption Bureau (ACB), Mumbai as per Section 175 (3) of the BNSS which empowers police officer to investigate the cognisable case. The ACP concerned is further directed to register FIR and carry out probe as per law. and the Police shall submit final report before the court within prescribed period.
When contacted by The Indian Express, Kudalkar said that he was unaware of the matter and would comment only after receiving any notice or official information about the same.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
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Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
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