Bombay HC stays ACB probe against ex-MMRDA chief

A division bench of Justice S S Shinde and Justice A S Gadkari refused to enhance the sentence sought by the state of a male class teacher and the headmistress of a primary school for raping a Class VII girl. (Source: File Photo)

The Bombay High Court has stayed the investigation by Anti-Corruption Bureau (ACB) against senior IPS officer U P S Madan regarding a land reserved for a drive-in theatre in Bandra-Kurla Complex.

A division bench of Justice Ranjit More and Justice Bharati H Dangre, while staying a special court’s order last week, said: “This order (of special court) is passed without obtaining sanction under Section 197 of the Code.” The bench also issued notices to the respondents and granted a stay on the investigation. According to Section 197 of the Code Of Criminal Procedure (CrPC), no public servant can be prosecuted without a sanction from the government.

Pratap Teli, a respondent in Madan’s petition before the high court, had filed a miscellaneous application before the special court naming Madan, who was the commissioner of Mumbai Metropolitan Region Development Authority (MMRDA), Ranbir Maker and Manish Maker, directors of The Indian Film Combine Private Limited. “The offence against respondent is serious in nature and requires investigation in respect of pecuniary advantage to accused (Makers) by accused number 1 (Madan) without following notification and rules of development at the relevant time. Considering the nature of offence and allegations, I found that the application of the complainant is to be referred to ACB for investigation under Section 156 (3) of the CrPC,” Special ACB Judge S J Biyani had said in his order in October.

The special court had directed that the complaint be sent to ACB, Mumbai, for investigation along with documents submitted before the court.

Teli, through his advocate Aditya Pratap, had submitted before the special court that Madan as the competent planning authority had given “illegal pecuniary advantage” to Makers by flouting express provisions of the law. According to the application and submissions made before the court, a large plot measuring above 20 acres was reserved for a drive-in theatre in Bandra (East), a “substantial” part of which fell into the category of Coastal Zone Regulations II.

Teli claimed that as per the regulations issued on February 19, 1991, Floor Space Index (FSI) admissible only as per this notification shall prevail and that there would be no change of use, which meant that the land could only be used for the development of drive-in theatre. Teli also told the special court that despite this, FSI of 2 was granted permitting “huge construction” on the land allowing an “illegal” change in its use to that of a shopping mall, five-star hotel, etc.

Teli contended that this caused “pecuniary gain of thousands of crores of rupees in one of the costliest areas of Mumbai”. Teli also told the court that complaints made by him before the concerned authorities had not led to any action. The application sought for a probe under sections including criminal conspiracy and criminal breach of trust of the Indian Penal Code.