Bombay HC Slams Authorities Over Missing 24,000 Census Certificates In Madh Island Illegal Structures Case

Mumbai: The Bombay High Court on Friday questioned the Additional Collector (Encroachments), Western Suburb, Mumbai, regarding the missing 24,000 Census certificates pertaining to alleged illegal structures in Madh Island, Malad (West). As per the Census certificate, if a structure was constructed prior to 1964, it would not fall under the CRZ regulations.

Forgery Allegations Against BMC Officers

The court also pulled up the police for failing to take action against errant BMC officers, despite one of the witnesses providing names and details of monies paid for obtaining forged maps.

Petition by Erangal Residents

A bench of Justices Revati Mohite-Dere and Sandesh Patil was hearing a petition filed by Vaibhav Mohan Thakur and others, residents of Erangal in the Madh Island area. The petitioners alleged that the majority of the maps had been manipulated to secure exemptions under the Coastal Regulation Zone (CRZ) norms by showing that the structures were constructed prior to 1964, and attempts were being made to legalise them.

RTI Revelations

During the hearing, petitioners’ advocates, Abhinandan Vagyani and Sumeet Shinde, informed the bench that over 24,000 Census certificates were missing from the Collector’s office. Vagyani said that in reply to an RTI application filed by the petitioners in 2019, they were informed that the Census certificates were forged.

However, in another RTI reply to a similar query, the petitioners were told that 24,000 Census certificates were missing. He pointed out that the certificates had purportedly gone missing after the petition was filed before the High Court.

HC’s Warning to Collector

Taking a dim view of the missing certificates, the court directed the Collector to trace them within seven days, failing which a separate FIR must be registered.

Witness Confession Ignored

Vagyani further pointed out that in April, the police had recorded the statement of a witness who confessed to obtaining a forged map by paying money to BMC officers and agents.

“Apart from giving the names of the BMC officers, he (the witness) even provided proof of how he paid the money. Still, no action has been taken against the civic officials,” Vagyani argued, alleging that this was done deliberately to protect certain officers.

Court Pulls Up Police

The court expressed dissatisfaction with the investigation and questioned why no action had been taken against the civic officials.

State’s Defence and HC’s Retort

The state defended the delay by stating that the Special Investigation Team (SIT), constituted by the court earlier this year to probe the allegations, was unable to take action due to non-cooperation by civic officials and others concerned. In October 2024, the High Court had already pulled up the police for showing “lethargy” in the investigation and had constituted the SIT.

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To this, the judges retorted that the police have the power to issue summons to anyone not cooperating with the probe and also to obtain a non-bailable warrant if necessary. The HC has kept the matter to check compliance on October 13.

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