Bombay High Court orders FIR against erring Mhada officials

A High Court bench has ordered the Economic Offences Wing (EOW) to register an FIR within five days against officials of the Maharashtra Housing Area and Development Authority (Mhada) for letting builders keep the surplus area in redevelopment projects which has allegedly caused a loss of Rs 40,000 cr to the state.

A bench of Justice SC Dharmadhikari and SC Shinde said in their order that the material on record constitutes 'credible evidence' and shows 'prima facie positive or tacit acquiescence' of officials with developers. The order stated, "We hold that the state and its authorities have continuously avoided registering the FIR, against the authorities concerned of the Mhada, under the grab of enquiry, though information clearly disclosed the commission of a cognizable offence." Noting that there were "willful omissions" on part of Mhada officials who allowed developers to sell surplus area in a redeveloped project, it said, "Once the developer is given permission to redevelop...officers of the Mhada being public-servants were under statutory obligations to ensure recovery of constructed area...these officers knowingly and intentionally disobeyed the directions."

The petition filed by Kamalakar Shenoy had alleged an unholy nexus between the board officials and developers.