Nishant Agarwal, director of Nish Developers, is one of those booked
The police recently registered an FIR against the directors of the firm that constructed the 61-storey super luxury project — One Avighna Park at Currey Road — for allegedly forging documents with the help of civic officials, to obtain a huge FSI (Floor Space Index) that allegedly caused the government a loss of nearly Rs 2,000 crore.
The Kherwadi police registered the offence after RTI activist Vinod Mohanlal Jain, a Dadar resident, approached the Bandra Metropolitan magistrate court, which directed police to register an FIR.
The court observed that the allegations made by Jain, who claims to have obtained documentary evidence from various departments through RTI, against the accused, namely — Nishant Agarwal, Hansa Agarwal, Jayprakash Khemka (all three directors of Nish Developers), Vivek Bhole (Architect), Nitin Gadkari Deputy engineer F-South BMC, Tamanwar (full name not known), executive and deputy chief engineer Bhogawat (full name not known) - disclosed a cognisable offence, and then directed a senior inspector of the Kherwadi police to lodge an FIR.
In the complaint Jain alleged that M/s Nish Developers and Associates, which had taken the New Islam Mill-Haji Qasam Chawl under Urban Develoment Scheme (Cluster), showed that 46 Non Cess galas existed at the said land since before 1969, and tampered and submitted forged maps in the City Survey Land Record Department, and in the year 2009 applied for permission for redevelopment. The officials at the concerned department allegedly helped the developer by approving the forged maps and documents as true copy.
As per Development Control Regulations 33(9) a developer gets FSI of 1.33 for redevelopment of structures after the year 1969. The accused, as per Jain’s complaint, with the help of forged maps, showed 46 Non Cess galas were there since before 1969 and succeeded in procuring permissions for 4 FSI constructions from MHADA and BMC.
Jain in the FIR alleged that with 4 FSI the developer fraudulently managed to get permission for development of 9,68,898.64 sq ft from MHADA, but as rules applicable for structures after year 1969, the developer should have been given permission for development of only 3,22,153.90 sq ft with FSI of 1.33. This caused the government a loss of nearly Rs 2000 crore.
Jain said, “I had complained to the MHADA CEO about this in June last year, but no heed was taken. Even police did not lodge my complaint, following which I approached the court, which directed police to lodge the FIR and investigate the matter.”
Police said that they are investigating the matter and cannot share details at this stage.
Repeated attempts to contact Kailash Agarwal of Nish Developers yielded no result.
Police on August 27 registered an FIR against the accused under Sections 420 (cheating), 464 (false document), 466 (Forgery), 467 (Forgery of valuable security), 468 (Forgery for purpose of cheating), 471(Using as genuine a forged document), 474 (Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it as genuine), 166 (Public servant disobeying law), 167 (Public servant framing an incorrect document with intent to cause injury), 168 (public servant unlawfully engaging in trade), 202 (Intentional omission to give information of offence by person bound to inform) and 120-B (criminal conspiracy) of IPC.