The Bombay High Court was informed on Tuesday that the Brihanmumbai Municipal Corporation (BMC) is failing to cooperate with a crucial investigation into a massive land records tampering case in Madh Island. The Special Investigation Team (SIT) alleged that the scam, involving manipulated and fake city survey maps, implicates public servants.
Court Questions Lack of Action Against BMC Officials
A bench of Justices A S Gadkari and R R Bhonsale reviewed the SIT's status report and witness statements pointing to civic officials accepting bribes. The judges pointedly asked the public prosecutor why no action had been initiated against the errant BMC officers, despite prima facie evidence being available. The prosecutor cited a persistent lack of proper cooperation from the civic body as the primary hurdle.
Advocate Sumit Shinde, representing the petitioner, highlighted that the High Court had previously, in December of last year, directed both state revenue department officials and the BMC to fully cooperate with the SIT and hand over all necessary documents. He stated that a year later, the grievance of non-cooperation remains unresolved.
High Court Directs Senior BMC Officials to Appear Before SIT
Taking a stern view, the High Court ordered the additional commissioners of BMC's western and eastern regions to personally appear before the SIT. Their mandate is to provide all necessary details regarding subordinate civic officers who allegedly facilitated illegal constructions on Coastal Regulation Zone (CRZ) land in Madh Island.
The bench clarified that obtaining the names and details of these officers is essential for the SIT to proceed with appropriate legal action against them. The court was hearing a petition filed last year concerning a large number of fake maps in the suburbs, which led to the formation of the SIT to investigate the resultant loss to the state exchequer.
Status of the Investigation and Pending Forensic Reports
On Tuesday, following a November 28 order, the SIT led by the Joint Commissioner of Police (Crime) submitted its latest status report on the investigation. In a previous hearing in February, the state government had informed the court that the questionable maps had been sent to the Forensic Science Laboratory (FSL) for analysis, and the reports were still awaited.
The High Court had earlier issued comprehensive directions to ensure cooperation. It had ordered all BMC ward officers and assistant commissioners in the Mumbai suburban district, the CRZ authority, deputy and additional collectors of Bandra and Malad, all talathis, and all city survey officers to assist the SIT and provide any documents required for the probe.
The bench also sought a fresh status update from the BMC's counsel before adjourning the hearing to January 27.
