Bombay HC slams police for lethargy in probe against govt officials for forging Madh Island maps to insert ‘illegal’ bungalows

Considering “gravity and seriousness” of the lawsuit and “conduct of the officers”, it besides asked the Addl CP to stay contiguous successful the tribunal during the adjacent proceeding connected October 23.

In December, 2021, the Kherwadi constabulary presumption successful Bandra, connected a ailment from the suburban collector’s office, lodged an FIR for cheating and forgery against chartless authorities servants for allegedly forging onshore maps of Madh Island.

The petitioners, done advocator Abhinandan Vagyani, had alleged that the bulk of the maps had been manipulated to get exemption nether the Coastal Regulation Zone (CRZ) norms and to amusement the structures were constructed anterior to 1964.

They added that contempt the Assistant Commissioner of Police (ACP) acrophobic being made alert of illegalities, helium has taken nary action.

Vagyani added that contempt the ailment made earlier Goregaon Police, they failed to instrumentality immoderate steps successful that regard. The officials from Goregaon Police presumption contiguous successful the tribunal submitted that they person forwarded the papers to the Controller of Slums (BSD Court), Mumbai, and aft the study is received from the Controller, due enactment volition beryllium taken.

A part seat of Justices Revati Mohite-Dere and Prithviraj K Chavan connected October 17 observed that till date, statements of lone 24 witnesses’ person been recorded successful the matter.

The lawyer representing the constabulary stated that 64 much radical had travel guardant past month, but statements of nary of them person been recorded by constabulary till date. The tribunal past asked the lawman commissioner of constabulary (DCP) of Zone-8 to look into the same, arsenic to wherefore the probe is pending till date.

“The complainant has a morganatic anticipation that erstwhile the ailment is registered, the aforesaid volition beryllium taken to its logical end, expeditiously. This morganatic anticipation cannot beryllium ignored. In this case, we find that determination is lethargy connected the portion of the officers successful taking the probe successful the said ailment to its logical end. If determination is hold successful investigating the case, the complainant volition suffer religion successful the system, which cannot beryllium permitted,” the seat noted successful its order.

The tribunal said that it was the work of constabulary officers to record an due study erstwhile the FIR was lodged and it was besides unfastened for them to record a chargesheet and proceed to probe nether Section 173(8) of the Criminal Procedure Code, which has not been done.

“It is simply a superior substance and requires to beryllium investigated thoroughly and the Police request to spell into the basal of the matter. Instead, we find that the constabulary person been lackadaisical and person hardly done immoderate investigation, for the reasons champion known to them,” the seat added.