High Court Denies Relief From Arrest for Builder Who Constructed Shops in Place of Flats

Mumbai: The Bombay high court recently refused to grant relief from arrest to a builder who, after redeveloping an old building in Jesal Park, Bhayandar (East), constructed shops on the first floor in place of residential flats.

Justice Shivkumar Dige on Feb 5 rejected the anticipatory bail application of Umraosingh Ostwal (73), who was apprehending arrest in a 2021 FIR registered at the Navghar police station under section of the IPC for cheating and forgery on a complaint lodged by the local ward officer of Mira-Bhayandar Municipal Corporation
(MBMC), who received complaints from flat purchasers.

On July 2, 2021, the high court directed that Ostwal shall not be arrested and continued the interim protection.

According to the FIR, as per MBMC’s original sanctioned plan, floors one to seven of Ostwal Ornate Building No. 2 were residential. Ostwal prepared a bogus and fabricated building plan showing the first floor for commercial use. He constructed 112 shops on the first floor in place of 16 residential flats. He forged signatures of MBMC officers and prepared fake stamps.

Senior advocate Shirish Gupte said Ostwal is a senior citizen suffering from various ailments. He said the plan alleged to have been forged was obtained by Ostwal
through RTI and exists in MBMC records. Therefore, it cannot be said to be forged. Ostwal was on interim protection for four years and cooperated with the investigation.

Prosecutor Sangeeta Shinde said Ostwal’s custodial interrogation was required to investigate the preparation of fake stamps, forgery of signatures, and the creation of fraudulent documents. Justice Dige noted the allegation that the fake plan, along with forged documents, was submitted to the registrar’s office during the sale of the shops. Gupte submitted a letter by MBMC indicating the construction is regularised. MBMC’s advocate Mayuresh Lagu said he was not aware of it.

Justice Dige said, “In my view, though the construction has been regularised, the illegal act done by the applicant cannot be absolved, as he prepared a false sanction plan by putting fake signatures of the concerned authority and prepared fake stamps to show the first floor of the building as commercial when it was for residential purposes. He submitted a fake sanction plan to the corporation and govt offices.”

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