Mumbai: Police told to book developer for forgery in Mahalaxmi society

The developer was appointed by the Slum Rehabilitation Authority (SRA) in the late 1990s to build homes for 2,215 slum-dwelling families. However, when surveys of the BMC-owned plot showed that a drainage line ran under it, rendering it unsuitable, the BMC decided to acquire adjoining buildings, in which 724 families of BMC employees lived and include them in the project. In the new project, the developer was to build homes for over 3,500 families. However, while applying for a NOC in 2007 from the WR — since the plot runs very close to tracks — the developer was told to leave a gap of 30 m from the railway boundary wall.

In her complaint, Jogadia has alleged that in its application for the NOC, the developer had claimed that it owned the plot of land. However, after modifying the plan and while applying for another NOC in 2009, the developer allegedly stated it was only a contractor appointed by the BMC. In the same letter, the developer also allegedly gave an undertaking to the WR that if it should require the use of the land in future, the residents would demolish their homes at their own expense.

The residents alleged that the developer did not inform them of the undertaking either in the society meetings or in circulars, as mandated by law. “We were kept completely in the dark. There is a very real possibility that the WR might need to acquire additional land, as it is currently undertaking a lot of infrastructure projects,” said Jogadia.

After filing multiple Right to Information Act applications with the BMC, SRA and WR, the residents became aware of the undertaking and also learnt that the developer had allegedly submitted forged consent letters of 634 additional beneficiaries to the SRA to include them in the project.

Jogadia said that some of these tenants, who the developer claimed had signed consent letters, had been missing for several years, while some others had illegally claimed additional homes in the project in the name of their family members. Jogadia alleged in her complaint to the MSPCA that this forgery was committed by the developer with the motive of obtaining additional Floor Space Index worth “thousands of crores of rupees”.

Jogadia said that she sent several applications in 2017 to the Tardeo police, then local assistant commissioner of police Nagesh Jadhav and then deputy commissioner of police (Zone III) Virendra Mishra, but received no response. When the police did not register an FIR on the basis of her allegations, she approached the MSPCA, seeking action against the police.

In its order, MSPCA members P K Jain and Umakant Mitkar observed that the undertaking given by the developer to the WR “amounts to cheating and criminal breach of trust”. The MSPCA also took the view that the “undertaking given by the developer to the Railways, manipulation of the list of beneficiaries and addition of beneficiaries in the annexure 2, on the basis of prima facie false and fabricated documents, does require registration of an offence and proper investigation”.

Jogadia is now optimistic that her years-long efforts to bring the alleged illegalities to light have borne fruit. “Our house overlooks the railway tracks. If the WR ever decides that the buildings need to be demolished, our home will be the first to be broken. We have nowhere else to go,” she said.