Mumbai: The procedural and technical issue between the Raigad Collector and the Enforcement Directorate (ED), have proved to be a boon for the illegal bungalow of fugitive jeweller Nirav Modi. The Bombay High Court was on Monday informed that Modi’s illegal bungalow could not be demolished as it was attached by the ED.
A division bench of Chief Justice Naresh Patil and Justice Makarand Karnik, however, said, it was only concerned with the demolition of the illegal construction. Pursuant to earlier orders, the Raigad Collector submitted a compliance report. The report claimed it acted against five more illegal bungalows, however, the bungalow owned by Modi, could not be demolished.
Additional Government Pleader (AGP) Priyabhushan Kakade submitted since the bungalow was attached by the ED, the same could not be demolished. The judges were also apprised of an ED application through special counsel Neha Bhide, sought to stay the demolition orders of the Raigad Collector.
The agency claimed it had attached the property, pursuant to orders of a special court hearing a case against Modi under the Prevention of Money Laundering Act (PMLA). The anti money-laundering agency claimed it had attached the bungalow during its investigations, set in motion, much before the Collector ordered its demolition.
Having heard the submissions, CJ Patil said, “What is illegal will have to go. We are only concerned with the demolition of illegal structures.” The bench was seized with a Public Interest Litigation (PIL) by an activist highlighting the rampant illegal construction in Alibaug.
Earlier, the bench had directed the Collector to demolish all the illegal structures, most of which are owned by businessmen, Bollywood celebrities. Accordingly, the Collector ordered the demolition of 58 structures including the Modi’s. To date, the Collector has demolished only 10 such structures and has been asked to file further compliance reports. The matter has been adjourned for four weeks.