Police say maps forged to show 58 constructions in Madh Island; court rejects bail pleas of 2 retired officials 

Earlier this year, the Brihanmumbai Municipal Corporation had issued over 100 notices and razed over 30 unauthorised structures in the ecologically sensitive area in north Mumbai, where film sets and bungalows are built for weekend homes.

The bail pleas of 62-year-old Kailas Dhomse and 62-year-old Shantaram Shinde, were rejected by the sessions court on October 17.

They worked as maintenance surveyors at the Goregaon City Survey Office.

In their bail pleas, the two officials had said that they were falsely implicated and they had an impeccable track record during their entire tenure.

The officials further told the court that they had retired from service long ago and were suffering from various health problems.

They added that since the investigation is completed and the chargesheet is filed, keeping them behind bars does not serve any purpose.

“Merely because a chargesheet is filed that does not give absolute right to the accused to claim bail. There is material to show complicity of applicants in the crime. At this stage, applicants cannot be absolved by submitting that they are not responsible for the manipulations and tampering with the original maps of the government. The allegations against applicants /accused are very serious, the same being the part of criminal conspiracy,” additional sessions judge P C Kale said in the order on October 17.

The arrests were made in the case in April, following the formation of a Special Investigation Team, on the orders of the Bombay High Court.

The police alleged that the accused, including officials of the city surveyor office, property owners, agents, had conspired to manipulate city survey numbers and old maps to show the existence of structures on the island before 1964, as the CRZ rules prohibited construction after that.

While the FIR mentioned eight survey maps comprising 22 city survey numbers suspected to be forged, the probe has found another 11 city survey numbers which were manipulated, with 58 illegal constructions, the police told court.

“The said structures are not seen on the tracing cloth paper used for preparation of original maps. Investigating officer further submitted that 919 sheets are available in the Office of the City Survey, Goregaon, and all sheets are to be verified to ascertain the extent of manipulation of the government records,” the police and additional public prosecutor Ashwini Rayakar told court.

While the accused had sought bail also on the grounds of parity as other co-accused were granted bail earlier, the court said that their role cannot be equated with Shinde and Dhomse.

“…the accusations against applicants are that of manipulation of the Government record / maps. Considering the seriousness of the case and the prima facie evidence against applicants / accused no grounds are made out for grant of bail,” the court said.