Developer Lalit Tekchandani has approached the Bombay High Court seeking the quashing of the FIR registered against him for allegedly duping several flat purchasers in respect of a housing project in Taloja, Navi Mumbai. Alternatively, he has sought the clubbing of the FIRs.
A division bench of Justices Prakash Naik and Nitin Borkar has asked the state advocate to take instructions on the plea.
Project timeline and alleged resignation:
According to his plea, in 2010, a 15-acre land at Rohinjan village was given by one Narendra Bhalla to the directors of the Supreme Constructions and Developers Pvt Ltd. The construction commenced in 2012. Tekchandani claimed that he resigned from the board of directors in 2016. The project was due to be completed by December 2017, the plea said.
However, the project was delayed and in 2018, the investors started questioning the developers.
Based on a complaint, the first FIR was filed on Jan 15 this year by Chembur police station. The Taloja police subsequently registered the second FIR against him. The developer was booked under various sections of the Indian Penal Code including criminal breach of trust and cheating. The police also invoked provisions of the Maharashtra Ownership Flats Act and Maharashtra Protection of Interest of Depositors Act (MOFA) against Tekchandani.
Subsequently, on January 30, the Economic Offences Wing (EOW) of the Mumbai police took over the probe in the FIR registered by the Chembur police and arrested Tekchandani.
Tekchandani’s advocate Taraq Sayed said that different FIRs are registered in respect of the same project of 9 towers in Navi Mumbai. He said that Tekchandani resigned in 2016 and emphasized that the reason the project is stalled is beyond his control.
However, advocate Himanshu Kode, appearing for Clan City Welfare Association, which was to be redeveloped, said there are 1700 flat purchasers who were affected. Any order passed will have repercussions, he added.
The bench has kept Tekchandani’s petition for a hearing on February 26.
