Mumbai: RTI activist Kamlakar Shenoy met Joint Commissioner of Police (Economic Offences Wing) Nishit Mishra on Tuesday, June 4, to discuss in detail the alleged ₹3 lakh crore scam involving the Maharashtra Housing and Area Development Authority (MHADA).
Speaking to The Free Press Journal, Shenoy said Mishra assured him that appropriate action would be taken within the next 10 days regarding the matter. The meeting was also attended by Dr. Gaurang Vora and took place between 4:30 PM and 6:00 PM at the EOW headquarters.
Shenoy highlighted several legal and procedural lapses during the meeting. He criticized the Home Department’s undue delay and termed their legal opinion as “invalid and unlawful.”
“Two reminders have already been sent to the Home Department. It is their legal duty to respond within a reasonable time. Any further delay is unjustified,” said Shenoy.
He strongly objected to the EOW relying on any Home Department opinion, stating it had no legal sanctity under Section 154(1) of the CrPC or in light of the Supreme Court’s ruling in Lalita Kumari v. Government of Uttar Pradesh.
Shenoy asserted that “Any action based on such opinion would be without jurisdiction and could amount to contempt of court. The EOW is not legally empowered to seek or rely on such opinion before registering an FIR.”
Shenoy further alleged that the accused in the case cannot claim “good faith” when they knowingly ignored legal procedures and safeguards. He pointed out that The accused cited no provision under the MHADA Act to justify their arbitrary and illegal calculation of surplus area. There has been fraudulent suppression of surplus tenements worth ₹40,000 crore. No recovery was initiated until Shenoy filed a Public Interest Litigation (PIL).
He termed this as clear dishonest intent, asserting that violations of Section 103(1)(3) of the MHADA Act amount to criminal breach of trust under Sections 405 and 409 of the IPC. He also alleged false oath and misuse of office by public officials, constituting offences under Sections 193 and 199 of the IPC.
He said, The Home Department allegedly withheld the file for 9 months without authority. The EOW delayed FIR registration for over 30 months, violating both CrPC provisions and constitutional mandates. “Such delays and illegal reliance on opinions prior to FIR registration violate both law and the Constitution,” Shenoy emphasized.
He also highlighted serious investigative lapses in 33 MHADA-related cases pending for nearly a decade Section 409 IPC (criminal breach of trust by public servant) was not invoked; instead, the lesser Section 406 was applied. Charges of forgery (Sections 463, 464, 468 IPC) and use of forged documents (Section 471 IPC) were not applied, despite evidence of fraudulent sale of MHADA lien flats.
Shenoy said, Concealed key documents, such as undertakings to surrender flats.
Failed in monthly project compliance checks. Ignored illegal occupation of flats without surrender of surplus tenements. He stressed that action was initiated only after his legal interventions and that no recovery proceedings were initiated before his PIL.
