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The Hon’ble Bombay High Court comprising of Hon’ble Justice B. R. Gavai and Justice C.V. Bhadang has issued notices to State of Maharashtra through its Secretary Ministry of Urban Development, Mumbai, District Collector Wardha, Tahasildar Arvi, Sub-Registrar Arvi, Dist. Wardha, The Commissioner of Police, Nagpur, DCP Crime Branch Nagpur, Director Central Bureau of Investigations Nagpur, M/s Adroits Real Estate Nagpur, and its partners Manoj Karamchandani, Atul Dodke, Ravindra Chute, Amit Omkarlal Shrivastava and Union Govt. of India through its Secretary, Ministry of Housing and Urban Poverty Alleviation, New Delhi in PIL No:-124/2013 filed by Pawan Harde, Eknath Wahile, Ajay Bhagwatkar, Amit Kantode from District Gondia, challenging the “illegal development and fraudulent sale” of plots in Wardha.
The petitioners who have booked the plots in famous lay out called as “Jugle Safari” spread in 350 acres in Wardha, promoted by M/s Adroits Real Estate, Nagpur have specifically complained that the respondents have tried to sale the land without proper sanction u/s 41-44 of Maharashtra Land Revenue Code 1966. It is the case of the petitioners that hundreds of “gullible buyers” were lured by the Adroits Real Estate company by projecting that land admeasuring 350 acres spread in various villages of Wardha on Khasara No:-52, 54, 55, 57,66,67,68,71, 109,110,111,112,113 in Village Tembhari, Khasara No:-71, 73, 74, 75, 78, 79, 82, 83 in Village Pimpalgaon and Khasara No:-569 of Village Mandava was owned by the company and was put to sale and “agreements to sale” were made with prospective buyers without even mandatory sanctions and ownership.
The petitioners have also alleged that the respondents have hatched a systematic conspiracy to dupe the “innocent purchasers” by extracting huge amounts from them in the name of providing plots and farm houses on land which was not even owned by the company. It is also alleged that the respondents also tried to sale the government owned land particularly Khasara No:-110, 113 in Village Tembhari, Khasara No:-74 in Village Pimpalgaon, Khasara No:-79 in Village Umri and thus committed a huge financial fraud/crime.
It is the contention of the petitioner that the alleged fraud was committed between 2009-2012 by the directors of the company in connivance with the government authorities. The police complaint was lodged by the petitioners at Ranapratap Nagar Police Station on 08-12-2011 vide crime no:-319/2011 in which offences were registered u/s 420, 467, 468, 471 read with 34 of IPC. The police have failed to complete the enquiry and could not arrest all the accused. The police also failed to file the charge-sheet even after two years. The master mind of the crime, Amit Omkarlal Shrivastava could not be arrested and has now fled to USA. Therefore the petitioners have prayed for the transfer of case to CBI and further requested the court to direct the CBI to issue “red-corner” notice to the fugitive. The petitioners have alleged that the government authorities and officials have acted malafidely and are trying to cover up the massive land scam.
The petitioners have stated that it is the “classic example” of “real estate fraud” in the state of Maharashtra whereby hundreds of “innocent purchasers” were duped to the tune of crores of rupees and in spite of all the evidences available the accused are freely moving.
It is contended that thousands of innocent buyers are being looted and cheated in broad daylight and state government authorities are taking no actions as the State Government of Maharashtra has no control over such illegal activities of real estate companies. Hence petitioners have also demanded a “single window clearances to all real estate projects” and “real estate regulator” in the state.
The Hon’ble High Court has issued the notices and directed the respondents to file the affidavits in four weeks.
Adv. Tushar Mandlekar argued for the petitioners. Adv. Bharti Dangre, Acting Government Pleader waived the notices for the state authorities and Adv. S. K. Mishra waived the notice for CBI.
