Dismissing anticipatory bail applications of investors in a construction firm that build illegal structures, the Bombay High Court has observed that they can be prosecuted.
In the instant case, an FIR was lodged against the accused, following a high court order in a public interest litigation. The Vasai Virar Municipal Corporation (VVMC) had also initiated action against the illegal structures by Sai Leela Developers.
Justice AS Gadkari observed that the investigation till date carried out by the police revealed that the applicants along with other accused indulged in fabricating and/or forging development permission and/or other related documents, and had constructed unauthorised buildings and sold the flats to purchasers.
The court also rejected the contention that the accused were only investors in the said project and they had no concern with the permission received by the other partner of Sai Leela Developers.
It said the applicants were the beneficiaries from the profits of the construction.
“They have indulged into forging and fabricating the development permission and other related documents and by using the said documents 10 buildings have been constructed on the said survey numbers wherein in all 351 flats and 49 shops are sold to approximately 400-persons,” the court observed.
Read the Order here.