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Sanatkumar Virji Nandu And Anr vs Municipal Corporation Of Gr. … on 25 February, 2020

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0IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1737 OF 2019
Sanatkumar Virji Nandu and another … Petitioners
Versus
Municipal Corporation of Greater Mumbai and others … Respondents
WITH
WRIT PETITION NO. 2017 OF 2019
………
Mr. Rohaan Cama alongwith Mr. Shanay Shah and Mr. Naresh Chheda and Ms.
Sakina Electricwala instructed by Tauras Legal for the Petitioners in WP-1737-2019.
Mr. Gautam Ankhad alongwith Mr. Prasad Shenoy, Mr. Naresh Chheda and Ms.
Sakikna Electricwala instructed by Tauras Legal for the Petitioners in WP-2017-2019.
Mr. J. Reis, Senior Advocate alongwith Ms. Vandana Mahadik and Ms. Yamuna
Parekh for the Respondent-MCGM.
Mr. A.L. Patki, AGP for the Respondent-State.
Mr. Shyam Kapadia alongwith Mr. Abdulla Qureshi and Mr. Shadad Khan instructed
by India Law LLP for Respondent No.5.
Mr. Manoj Bhatia for Respondent No.6.
Mr. Sanjay Kathar, Additional Chief State Examiner of Documents, C.I.D., M.S.,
Mumbai, present.
Mr. Santosh Raut, Senior Inspector of Police, Housing-1, EOW, Mumbai, present.
Mr. Rajeev Manadiar, Ofcial Liquidator, present.
Mr. Jinendra Jain, present.
………

CORAM : S.J. KATHAWALLA AND
R.I. CHAGLA, JJ.
DATED : FEBRUARY 25, 2020.

P.C. :-

1. As stated in our Order dated 12th February, 2020, thirty-nine FIRs are

filed against the Kamla Group, whose Promoters t Directors are Mr. Jitendra Jain, Mr.

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Jinendra Jain and Mr. Ketan Shah. The said FIR’s are filed against the said

Promoters t Directors for cheating the fat purchasers i.e. not providing them fats

after collecting crores of rupees from them and also cheating the original

membersttenants by taking possession of their tenements and demolishing the same

by promising to redevelop the properties and handing over to them ownership fats of

larger areas, which promises are breached by them, leaving the membersttenants

roofess since the last several years. The fraud involved is of approximately of Rs.2000

Crores.

2. In the present Writ Petition and Writ Petition No.2017 of 2019, the fat

purchasers and the original occupants informed the Court that they are put in

possession of the new construction on the strength of a part Occupation Certificate

(OC) which according to the Corporation is fabricated. Since it was not possible for us

to proceed with the matter unless it was ascertained whether the part OC is genuine or

is fabricated as alleged by the Corporation, we directed the EOW who are already

investigating the fraud committed by Kamla group to forthwith look into the matter

and inform the Court whether the part OC dated 9th January, 2013 is a

forgedtfabricated document or is a genuine documents, and directed the EOW to

submit its report to this Court on 20th February, 2020.

3. On 20th February, 2020, EOW informed the Court that EOW has sent

the documents (part OC) dated 9th January, 2013 to the Ofce of Chief State

Examiner of Documents for examination on 6th April, 2018. However, no report is

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received by the EOW till date. In view thereof, the Chief State Examiner of

Documents was directed to remain present in Court, today alongwith his report.

4. Mr. Sanjay Kathar, Additional Chief State Examiner of Documents, is

today present in Court. He states that he has not examined the document since the

last two years and has failed to submit his report since he is not having adequate staf

in his ofce. When this Court enquired whether the Ofce of the Chief State

Examiner of Documents has after 6th April, 2018 not examined any document

submitted to their ofce for examination, Mr. Kathar states that his Ofce is asked to

give priority to the documents submitted in matter involving under Sections 498A,

302 of the Indian Penal Code, 1860 etc. From his answer we gather an impression that

a fraud involving Rs.2000 crores in which it appears that the developers have inter-alia

fabricated the part OC and on the strength of the same collected crores of rupees and

put the innocent tenantstfat purchasers in occupation of the same and who have now

received a notice from the Corporation that their structures are to be demolished, is

not required to be given any priority by the Ofce of the Chief State Examiner of

Documents. When enquired as to whether there is any written policy tcircular

tinstructions qua the priority to be given to the documents forwarded for examination

by State agencies, the answer is in the negative. A copy of this order shall therefore be

forwarded to the Secretary, Home Department, who shall file his Afdavit confirming

whether the statements made before the Court by the Ofcer of the Chief State

Examiner of Documents are correct and if the statements made are correct, what steps

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the Home Ministry intends to take to clear the backlog of documents pending in the

Ofce of Chief State Examiner of Documents for being examined and awaiting

reports. The said Afdavit shall be filed on or before 4th March, 2020.

5. Admittedly, Mr. Jitendra Jain and Mr. Ketan Shah, the PromoterstDirectors of

Kamla Group of Companies are behind bars since last three years. Mr. Jinendra Jain

who was arrested in December 2016 is released on bail in October 2019 and is present

in Court today. However, the project which is the subject matter of this Petition was

of Mts. Kamla Real Estate Private Limited which is in liquidation. The original

tenants and purchasers of fats under the free sale category are desirous of submitting

the regularization application to the Corporation through their Architect. Before

doing that, they want the Corporation to inspect their building and provide details of

the unauthorized construction in the subject building which will make the task of the

new Architect easier. In view thereof, the Executive Engineer, B P, H-West Ward

shall visit the subject building on 27th February, 2020 at 12.00 noon, after inspecting

the same, he shall submit his report to this Court setting out the details of the

unauthorised work found in the building on 4th March, 2020. The Petitioners as well

as their Architects may remain present and extend co-operation to the Executive

Engineer during his visit. If the sanctioned plans are in possession of the Petitioners

andtor the Society, they shall forthwith provide the same to the Executive Engineer.

However, the Executive Engineer shall not delay his visit and submission of his report

on the ground that the sanctioned plans are not provided to him by the Petitioners

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andtor the Society.

6. This order will not be construed to mean that the Liquidator appointed by the

NCLT of Mts. Kamla Real Estate Private Limited has given up any of his rights.

7. Stand over to 4th March, 2020.

( R.I. CHAGLA, J. ) ( S.J. KATHAWALLA, J. )

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