The Court did not ordered any investigation by CBI but straightaway taken cognizance and ordered issuance of process against Mr. Satish Mathur (then Director General of Police, Anti-Corruption Bureau, Maharashtra), Mr. Keshav Patil (Additional Commissioner of Police, ACB, Mumbai), Mr. Ranjan Bhongle (Assistant Commissioner of Police, Mumbai), and Mr. Girish Gode (then Reader to the Director General, ACB).
Prosecution is ordered under sec 166-A, 217,218 34 of IPC.
In a strongly worded and scathing judgment, the Court has come down heavily on senior government officials, emphatically holding that “no one is above the law — even high-ranking officers cannot escape accountability.”
The Court further exposed those years of so-called “preliminary inquiry” were deliberately misused as a shield to avoid the mandatory registration of FIR and consequential legal action, thereby amounting to a gross violation of law, abuse of official authority, and willful dereliction of statutory duty.
This case has rekindled hope among citizens and activists at large, and more particularly among SSR warriors and the family members of Disha Salian and Sushant Singh Rajput.
Prosecution of senior MHADA officials and other alleged conspirators involved in acts of forgery and perjury, purportedly to extend undue benefit to Vikas Oberoi and Avinash Bhosale in the multi-billion Aram Nagar redevelopment project at Versova–Andheri (West), is already in motion, with significant legal action expected in the near future.
In a related development, the Court has already ordered prosecution against members of the Aram Nagar Society Management Committee, including Sh. Rakesh Shreshtha and others, for allegedly committing fraud upon the Court by preparing forged documents and affidavits and presenting them as genuine in judicial proceedings.
Further strengthening the legal proceedings, in a high-stakes defamation suit valued at approximately ₹7,000 crores, the Civil Court (Senior Division) has granted injunction and status quo orders against Vikas Oberoi and Avinash Bhosale, thereby restraining them from proceeding further in a manner prejudicial to the rights of the concerned parties. Adv. Nilesh Ojha and Adv. Ishwarlal Agarwal are representing the Plaintiff Adv. Vivek Ramteke in the said suit.
The Court, in the complaint filed by Sh. Kamlakar Shenoy, while relying on binding judgments of the Hon’ble Supreme Court, has categorically held that failure to register an FIR, creation of misleading records, or shielding of accused persons can never form part of the official duties of a public servant, and therefore, no prior sanction is required for prosecuting such officials, particularly senior police officers.
The detailed order dated 27.03.2026 further reveals that the core grievance of the complainant was that senior MHADA officials, in collusion with influential builder lobbies, had indulged in acts of forgery, fraud, and gross dereliction of duty, thereby causing wrongful loss to the State and wrongful gain of more than 14,000 Crores to private parties. It was specifically alleged that forged and fabricated documents were used as genuine records to extend illegal benefits to select developers, completely bypassing statutory mandates and established legal procedures.
The Sessions Court, while strongly criticizing such conduct, observed that the accused officers not only failed to discharge their statutory duties but actively protected the wrongdoers, which has the effect of demoralizing honest citizens and eroding public confidence in the justice delivery system. The Court emphasized that such actions strike at the very root of the rule of law and cannot be tolerated in a constitutional democracy.
The Sessions Court while setting aside the order of the lower court judge has also relied upon the High Court ruling in Sanjay v. State of U.P., Application No. 18422 of 2020, wherein it was observed that if judges commit errors, it raises serious concerns as to where the common citizen will seek fair justice. The Court emphasized that mistakes arising from haste or excessive workload can undermine public confidence, as courts are regarded as temples of justice from which citizens expect fairness and integrity. It was further observed that judges, entrusted with such high responsibility, must exercise utmost care and avoid errors that could affect the delivery of justice.
The issue raised pertains to massive corruption and large-scale misappropriation of public funds exceeding ₹14,000 crores, allegedly involving senior bureaucrats and high-ranking MHADA officials. It has been contended that through abuse of official position, manipulation of records, and unlawful decisions, substantial public resources were diverted, resulting in wrongful gain to private parties and corresponding loss to the State exchequer, thereby raising serious concerns of systemic corruption and breach of public trust.
In one of the most powerful portions of the judgment (Para 20), the Court categorically held that continuing a preliminary inquiry for years together, despite disclosure of cognizable offences, reflects utter disregard for the mandate of law. The Court observed that such conduct by senior officers prima facie constitutes offences under Sections 166A, 217, and 218 read with Section 34 of IPC, and therefore warrants immediate criminal action.
The Court went a step further and delivered a strong cautionary message to the entire bureaucracy, stating that omission or inaction at the appropriate time, especially in cases involving large-scale public loss, contributes directly to the weakening of the State’s economy and governance framework. It was emphatically held that white-collar offenders and those protecting them under the cover of official position cannot claim immunity under law.
The judgment concludes with a firm declaration that no individual, regardless of rank or designation, is above the law, and that the time has come to send a strong and uncompromising message that misuse of public office for illegal gains will invite strict criminal consequences.
This ruling is now being widely regarded as a landmark precedent in ensuring accountability of police and bureaucratic machinery, reinforcing the principle that rule of law must prevail over institutional protectionism and corruption.
The para 20 of the order reads thus;
“ 20. After considering the entire fact & circumstances, it becomes crystal clear that under the garb of preliminary inquiry continues years together the respondents shown utter disregard to the mandate of law and therefore, prima facie committed the offence u/s. 166A, 217 and 218 r/w. 34 of IPC. by the respondents.
In such set up circumstances time has come to pass the bold order to teach lesson to the public servant working on the higher positions of Government, if they avoided their official duty showing utter disregard to the law of land then their act can constitute criminal offence.
So, the time has come to give strong message to the Executive Officers/ Bureaucrats that their omission and inaction to take proper action at appropriate time is causing serious increasing the economy of the Country as well as economy of the State. Now the time has also come to make it clear that no one is above the law and law does not protect the white collar persons who are using their Office/designation to protect the Officers deeply involved in wrongful gain for them and wrongful loss for the State. Accordingly, I held that the impugned order passed by the Magistrate is perverse and erroneous and therefore, it is to be quashed and set aside. Accordingly, I answer point No.1 in the negative and point No.2 in the affirmative and proceed to pass the following order.”
Forgery, Perjury & Contempt of Supreme Court Directions Alleged Against MHADA Officials
The multi-crore Aram Nagar redevelopment project at Versova, Andheri (West), originally allotted to M/s East & West Builders, has now emerged at the center of a serious controversy involving alleged corruption, forgery, and abuse of power by MHADA officials.
Chronology of Alleged Conspiracy:
- Certain members of the Aram Nagar allegedly obstructed the project by refusing to hand over possession and repeatedly filing litigations, all of which were dismissed up to the Hon’ble Supreme Court.
- After failing in courts, these members allegedly played a false victim narrative and approached the Chief Minister through MLA Bharati Lavekar, falsely blaming the developer for delays.
- Acting on this, the Chief minister ordered an inquiry. A detailed report submitted by senior MHADA authorities and the Additional Secretary conclusively held that the delay was caused by the obstructing Aram Nagar members and not by East & West Builders .
- This finding was approved at the highest level — confirmed by senior Ministers and the then Chief Minister, and officially communicated on on 05.01.2017 through the Housing Minister.
- Significantly, the same position was also affirmed by MHADA officials on oath through affidavits filed before the Mumbai Civil Court, thereby making the subsequent contradictory action highly questionable and prima facie unlawful.
SHOCKING TURN | ALLEGED FRAUD BY MHADA OFFICIALS
Despite clear government findings and sworn affidavits filed before courts supporting the developer, certain MHADA officials allegedly suppressed binding records and official decisions. In a highly controversial move, they arbitrarily terminated the developer’s agreement by order dated 02.09.2009 on the very ground that East & West Builders were delaying the project — a ground that had already been conclusively disproved by official inquiry and approved at the highest levels of government.
As per the terms of the Joint Development Agreement (JDA) dated 02.09.2009 and its amendment dated 26.10.2010, the stipulated timeline for performance was clearly conditional. The period of 30 months for completion of 50% construction was to commence only from the date of obtaining full Commencement Certificate (CC) after eviction of all tenants, with the balance construction to be completed within 60 months thereafter.
In the present case, since there was no eviction of tenants by the members of the Aram Nagar Association, the foundational condition for commencement of the contractual timeline was never fulfilled. Consequently, no cause of action had arisen in favour of Respondent No. 2 – MHADA to initiate any coercive steps, including issuance of a show cause notice. Thus, any action taken by MHADA in the absence of fulfillment of these preconditions is ex facie premature, arbitrary, and contrary to the express terms of the JDA.
a Writ Petition has already been filed by East & West Builders, wherein the Division Bench of the Hon’ble High Court, by order dated April 2023, issued notices to MHADA and all concerned parties for final adjudication. Significantly, MHADA has neither filed any reply in the said Writ Petition nor opposed the prayers sought by East & West Builders.
On the contrary, during the pendency of the said Writ Petition and without awaiting judicial determination by the Hon’ble High Court, certain officials of MHADA proceeded to unilaterally allot the project to Vikas Oberoi and Avinash Bhosale in 2026.
Such conduct, prima facie, reflects a clear case of arbitrariness, misuse of power, and disregard for judicial proceedings, particularly when the matter was sub judice before the Division Bench.
It is also on record that tenants and society members, including Adv. Kiran Wagale, have submitted written complaints and objections to MHADA seeking appropriate action on these irregularities; however, no effective action has been taken thus far, raising serious concerns regarding administrative inaction and accountability.
- Order passed by the Court of directing Prosecution of Arama Nagar Society’s Management Committee members
- Supreme Court Order dated 17.02.2023 (3-Judge Bench)
- Letter dated 05.01.2017 (Housing Minister, Maharashtra)