First conviction for flouting FSI

MUMBAI, November 20: In the first-ever conviction related to violation of Floor Space Index (FSI), four persons were today sentenced to two-...

MUMBAI, November 20: In the first-ever conviction related to violation of Floor Space Index (FSI), four persons were today sentenced to two-years rigorous imprisonment and fined Rs 1,000 by Sessions Court for violation of 7,000-square-feet FSI to the tune of Rs 14 lakh.

Special judge trying cases registered by Anti-Corruption Bureau (ACB), Mridula Bhatkar, sentenced Prabhakar Haval, superintendent, Bombay City Survey Land Records Office, H R Desai, senior surveyor in the same office, B K Gupta, architect, and Mohammed Abubakar Marwadi, a builder. Six others were acquitted due to lack of evidence, while the case against two others, noted builder Yusuf Patel and BMC executive engineer Bhaskar Joshi, was abetted due to their death during course of trial. The accused have been charged with forgery, using forged documents and obtaining pecuniary advantages in conspiracy and abetment of each other. Apart from the two-year sentence for each, a fine of Rs 1,000 each also has been imposed under five differentcharges. All sentences will run concurrently.

The case was registered by ACB in 1985, following an inquiry by the Collector of Mumbai. Special public prosecutor L N Karde told the court the case pertains to a plot (City Survey 224, Byculla divison) at Bellasis Road, which Mohammed Abubaker Marwadi and his partners, including Yusuf Patel, wanted to develop. For this, they forged the city survey extract of the property. The property was originally 1,957 square yards, but Marwadi, along with his partners, altered the area to 2,957 square yards in the city survey office register in connivance with the two Survey Lands Record officials.

Following an application made by Marwadi for the City Survey extract, an extract was issued for the increased area on the basis of the forged entry. This was used by Marwadi and others for developing the property. Karde said on the basis of the increased area, plans were submitted by Gupta and Marwadi and after they were approved, a building called Zia Apartments wasconstructed. The accused had used excess FSI of 7,000 square feet and obtained an extra sum of Rs 14 lakh. (In 1984, the area in Nagpada was Rs 200 per sq ft).

An enquiry was then ordered by the collector, and after investigation, a First Information Report was lodged by the then Assistant Commissioner of Police N M Torgal. Charges were framed against the accused on April 23, 1986. The accused then moved High Court, but their appeal was dismissed by HC on December 3, 1995 and thereafter the trial began. In all, 25 witnesses were examined.

Those acquitted in the case include partners of Patel Construction, Abdul Majid Patel and Ahmed Abubaker Marwadi, two clerks of the survey department Anand Landge and Vijay Raut, and BMC engineers Prakash Nargouda (sub-engineer) and Madhav Weling (assistant engineer).