Petitioner Ashish Ghaisas had moved the HC challenging a special court order rejecting his complaint against the developer who had taken up the redevelopment of a dilapidated building in Girgaum. Although the complaint was filed before special Prevention of Corruption Act court, the complaint had pressed charges pertaining to sections under IPC and only made a passing reference to corruption allegations. He had made the allegations against the developer and a MHADA official.   

The special court dismissed the complaint observing that prima facie there is no case made out under the Prevention of Corruption Act against the officers of MHADA in as much as the main complaint was under the IPC sections. The court then directed the complainant to move the appropriate court.

He filed a petition in the HC and once again reiterated his plea that investigations be ordered against Pramod Sawant, Executive Engineer of the Mumbai Building Repairs and Reconstruction Board, and that he be charged in accordance with law along with the developer.

MHADA counsel G W Mattos, however, pointed out that Sawant was not arraigned as an accused before the special court where complaint was primarily under the IPC provisions.

It was further pointed out that it was nothing but harassment of a public official and that when the building was demolished, the complainant himself had accepted compensation from the developer and settled in an alternate accommodation.

“Yet he chose to continue with his proceedings,” Mattos submitted.

The petitioner’s lawyer contended that the area of the building was inflated so as to benefit the developer in collusion with some MHADA officials.