Adarsh case: PIL seeking to invoke charges in MRTP, Env Act refused

Can file a separate complaint with CBI regarding invoking other Acts. It is your right, says HC disposing of PIL

The Bombay High Court today refused to hear a public interest litigation filed by Shiv Sena leader Neelam Gorhe seeking to invoke additional charges under Maharashtra Regional Town Planning (MRTP) Act and Environment (Protection) Act in the Adarsh case.

A division bench of Justices N H Patil and Anuja Prabhudesai directed Gorhe to approach investigating agency CBI and file a complaint if she wishes to, along with related documents.

Gorhe had filed a PIL seeking a direction to CBI to invoke MRTP Act, Environment (Protection) Act and Benami Transaction Act against the persons named as accused by the agency in its FIR.

CBI advocate Hiten Venegaonkar told the court today that the agency was already investigating the 'benami' transaction part in the housing scam.

"You (petitioner) can go and file a separate complaint with CBI regarding invoking other Acts. You don't need the court's consent to do so. It is your right," the court said while disposing of the PIL.

Gorhe, in her petition, relied on the findings of the two-member judicial inquiry Commission set up by Maharashtra government to probe the scam.

"The Commission in its final report has clearly mentioned that the Society had not sought clearance from the Union Ministry of Environment and Forest to construct in a CRZ II area. This amounts to violation under Environment (Protection) Act," the petition states.

It added the Commission in its report pointed out that 22 out of 100 flats in the posh housing society in South Mumbai are 'benami'.

"The Commission, in its report, said that out of the 22 benami flats eight are in the name of Abhay Sancheti, who is said to be a close associate of former BJP president Nitin Gadkari. Investigation must be conducted under Benami Transaction Act against the accused persons," the petition said.