Mumbai, May 7: The Sessions Court on Thursday ordered the magistrate court at Esplanade to restore a complaint filed by activist Kamlakar Ratnakar Shenoy and initiate proceedings against Madhukar Jawalkar, then Senior Inspector of the Economic Offences Wing (EOW), and Deputy Commissioner of Police Parag Manere for alleged inaction on Shenoy’s complaint.
Allegations linked to HDIL Galaxy project
Shenoy had raised allegations against HDIL and Yes Bank in connection with irregularities in the construction of Galaxy Apartments in Kurla (East).
The Sessions Court observed that sufficient material existed for EOW officers to register cognisable offences against HDIL and Yes Bank officials, but instead the matter was wrongly diverted as an SRA dispute.
The court held that the conduct of EOW officers appeared to be a “clever ploy” to shield HDIL directors and Yes Bank officials, and therefore did not qualify as action in discharge of official duty.
Shenoy challenges magistrate court order
Shenoy had challenged the magistrate court’s order that had dismissed his complaint against Jawalkar and Manere.
He alleged that he booked a flat in the HDIL Galaxy project and that a loan of Rs 500 crore was disbursed to HDIL even before the commencement certificate was issued on October 27, 2018, while the loan was sanctioned on October 9, 2015.
He further relied on a Yes Bank vice president’s letter dated October 18, 2019, claiming the bank had not received any formal written loan application from HDIL.
The letter also stated that at the time of sanction, all flats in the project were already sold and only receivables from sold units were mortgaged under a deed dated July 29, 2015.
Court questions EOW inaction
Shenoy alleged that despite these findings, the EOW failed to take cognisance and delayed investigation, prompting him to file a complaint against the officers.
However, the magistrate court had dismissed it, noting that SRA authorities had already initiated prosecution against the developers for illegal construction and eviction proceedings under the Maharashtra Regional Town Planning Act.
Challenging that order, Shenoy termed it illegal.
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The Sessions Court, while allowing his appeal, observed that public servants had misused their official positions to protect private parties and that allegations of conspiracy, fraud and intentional deception involving a Rs 500 crore loan warranted FIR registration and investigation.
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