: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1692 OF 2009 Kalim Ali Shaikh .. Petitioner v/s. The State of Maharashtra & Ors. .. Respondents ........ Mrs. Anjali R. Iyer for petitioner. Mr. D.P. Adsule, APP for State. Mr. G.W. Mattos for respondent Nos.5 and 6. Mr. J.G. Reddy for respondent No.7 Mr. Shirish Gupte, Sr. Adv. with Mr. A.R. Pande for applicants in Appw 225/09. Mr. V.A. Thorat, Sr. Adv., Mr. R.P. Ojha for the applicant in Appw.260/09. ........ CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. Dated : 2nd December, 2009. P.C. : 1. Heard learned Counsel on both sides. 2. This petition, filed under Article 226 of the Constitution of India, prays for directions to respondent Nos.6, 7 and 8 to act on the letter dated : 2 : 29.5.2009 issued by respondent No.5 and to register an FIR against the concerned accused persons. It further prays for directions against respondent No.1 i.e. the State of Maharashtra to refer the matter to the State CID for inquiry / investigation into offences of printing of bogus Ration Cards as well as for implementation of the directions given by the full bench of this Court in the case of Tulsiwadi Navnirman Housing Co-op. Society Ltd. 2008(2) Bom. CR(Cri.) 799. 3. The respondents have filed affidavit in reply as well as additional affidavits. The petitioner has also filed an additional affidavit on 25.11.2009 bringing on record the details as to how some of the persons listed at Annexure II of Jogeshwari Gavdevi Co-operative Housing Society Ltd. (from amongst 120 found to be eligible) are in fact not eligible on account of their names finding place ini both the schemes. The names of such persons have been set out in the chart annexed to the affidavit filed by the petitioner on 29.11.2009. 4. Mr. Mattos, the learned Counsel appearing for respondent Nos.5 and 6 has invited our attention to the GR issued by the State of Maharashtra on 15.11.2007, 26.12.2007, 12.03.2009 and 28.7.2009. By the first GR dated 15.11.2007, the State Government has constituted the High Power : 3 : Committee consisting of the following members. 1- iz/kku lfpo x`gfuekZ.k v/;{k 2- egkuxj vk;qDr] eqacbZ egkuxj izns’k fodkl izkf/kdj.k lnL; 3- vk;qDr] c`gUeqacbZ egkuxjikfydk R;kaP;k vuqifLFkrhr vfrfjDr vk;qDr ;kaps ntkZis{kk deh ntkZ ulysyk vf/kdkjh lnL; 4- eq[; dk;Zdkjh vf/kdkjh] >ksiMiV~Vh iquoZlu izkf/kdj.k lnL; 5- mik/;{k o eq[; dk;Zdkjh vf/kdkjh] egkjk”V~ x`gfuekZ.k o {ks=fodkl izkf/kdj.k lnL; 5. The High Power Committee so constituted is required to deal with the grievances / complaints as set out herein below. 1- >ksiMiV~Vh iquoZlu ;kstusr lekfo”V dsY;k tk.;kP;k ik=rk @ fud”kko#u gks.kkjs okn- 2- ik= vlwugh ;kstusr lekfo”V u dsys tk.;klaca/khps okn- 3- lgdkjh x`gfuekZ.k lkslk;V;k o fodkld ;kaP;krhy okn- 4- ;kstuk eatwj >kY;kuarj fodkldkauh rh osGsoj fdaok uhV u jkcfo.;kfo”k;hps raVs- 5- lade.k f’kfcjklac/khps okn- 6- >ksiMV~Vh iquoZlu izkf/kdj.k o vU; izkf/kdkjh rdzkjh @ xk-g;k.;kaph n[ky ?ksr ulY;kckcrP;k rdzkjhlac/khP;k ckch- 7- ‘kkldh;] fue’kkldh; laLFkk o >ksiMiV~Vh iquoZlu izkf/kdj.kke/khy okn- 8- >ksiMiV~Vh iquoZlu ;kstuk lqjGhri.ks jkcfo.;klkBh ek- v/;{kkauk vko’;d okVrhy v’kk ckch- : 4 : 6. Mr. Mattos, therefore, submitted before us that all the disputes pertaining to the eligibility for being a beneficiary either in the scheme of MHADA or by the Municipal Corporation of Greater Mumbai are required to be adjudicated upon or investigated into by the said High Power Committee. By the subsequent GR dated 12th March, 2009, the State Government constituted another High Power Committee consisting of the following members and this was done in obedience of the order passed by this Court (full Bench), on 11th February, 2009 (Coram: Hon’ble the Chief Justice, Swatanter Kumar, Dr.D.Y.Chandrachud, J, S.C. Dharmadhikar, J). In para 3 of the order passed by the full bench on 11th February, 2009, it has been stated as under;- “3. Having considered certain other issues raised today before us, we at the cost of repetition and in further elucidation of the directions, pass the following further directions : (i) All directions contained in the main judgment as well as our order dated 18th December, 2008 shall now be carried out immediately and not exceeding four weeks from today; (ii)The direction with regard to cases being listed on line and due computerization of that section of the committees shall be carried out at the earliest. (iii)Both the committees will have common or separate website as may be deemed fit for the authorities concerned; where the public can file their petitions / complaints which shall be duly registered and endorsement thereof can be given to the Applicant. This will include petitions directed under the orders of the Court and /or independently filed by the litigant or Applicant before the committees concerned. The : 5 : committees should publicly declare their days of sitting and hours when the cases will be heard. Both the committees shall hear the parties wherever an application has been moved for grant of intermi reliefs at the earliest because it has now been brought to our notice that Petitions are being heard after great delay and applications for interim orders are not even entertained by that committee. We direct that complete statistical data of both the committees be filed in the registry of the High Court every quarter. The above directions shall be carried out by the concerned secretaries of the departments and we do express that the Court will not have to take further action for defaults of the directions.” 7. Hence, it would be appropriate that the list of 120 persons at annexure II prepared by MHADA and similar list prepared by MCGM be placed before the High Power Committee along with a separate list of the alleged ineligible persons as per the petitioner. For ready reference, the list of such persons who are alleged to be ineligible on the ground that their names found place in Annexure II issued by MHADA and Annexure II issued by MCGM is enclosed to this order. (Annexure “A” to this order). It has been further contended by the petitioner that there are some outside slum dwellers not residing on either plots i.e. MHADA and MCGM and such slum dwellers have been fraudulently shown as eligible in the Jogeshwari Gavdevi Co-operative Housing Society Ltd., Scheme. Such names are also separately annexed in the list marked as Annexure B along with this order. : 6 : 8. We direct that the lists at Annexure ‘A’ and Annexure ‘B’ be placed before the High Power Committee as constituted vide the GR dated 29th March, 2009 so as to decide whether the persons listed in Annexure ‘A’ and ‘B’ to this order are eligible or ineligible. We are informed by Mr. Mattos that the committee meets on every 1st and 3rd Saturday and, therefore, we direct the MHADA to place a copy of this order along with these Annexures before the committee. 9. Undoubtedly, the committee will issue notices to the persons whose names find place in the list at Annexure ‘A’ as well as Annexure ‘B’ to this order and hear them in the subsequent meetings. We direct the committee to record its finding on both these lists as expeditiously as possible and in any case before 28th February, 2010. A copy of the said report shall be submitted to the Registrar (Judicial) of this Court by way of compliance, before 15th March, 2010. 10. On 29.04.2009, respondent No.5 addressed a letter to Mrs. Archana Tyagi, Addl. Commissioner of Police, Bandra (W), Mumbai pointing out, inter alia, that there is a full fledge gang of criminals who prepares bogus and forged documents like Ration Cards etc. and there is a need to crack : 7 : such gangs. It is further stated that the said gang is headed by one Mr. Mishra whose full name along with his address is not given. The complaint made therein is of serious nature and makes out a cognizable offence. Hence, we direct the Senior Police Inspector of Oshiwara Police station to record the statement of Shri Jawahar Singh, IPS, the Chief Vigilance and Security Officer of MHADA and obtain more particulars of Mr. Mishra who is alleged to be heading the gange of criminals who are indulging in printing of bogus and forged documents like Ration cards etc. If the statement so recorded makes out a cognizable offence, we direct the Senior Police Inspector to register an FIR and under take the investigation. 11. We are satisfied that interest of justice would be served by the above directions and, therefore, the petition stands disposed off accordingly. 12. In view of the dismissal of the petition, Criminal Application Nos. 225 of 2009 and 260 / 2009 do not survive and hence are disposed as such. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.] : 8 : ANNEXURE – II MHADA ANN.II Sr.No. Name of Slum Dweller BMC Ann.II Sr. No. 7 Shaikh Shakilabi Hanif 10 10 Sharma Hariprasad 16 13 Deolkar Gopinath Babu 20 14 Patil Laxman Tukaram 21 15 Khan Nashiruddin Bashiruddin 23 21 Gupta Mishrilal Jhagursahu 29 22 Varma Guruprasad Rampayre 30 23 Varma Shivaji Harilal 31 24 Shaikh Raiesa Begum 32 27 Hameeda Mohd. Solanki 35 28 Siddiki Mohammed 36 31 Sutar Laxmi Aatmaram 41 33 Sutar Mahadev Saba 43 35 Sutar Gangaram Saba 45 36 Shaikh Najiruddin Fakaruddin 46 39 Kadval Govindram 49 40 Koli Ramchandra Babubhai 50 41 Solanki Naresh / Nagesh Nagji 52 69 Jayswal Ramsamuz I. 64 68 Yadav Shankar Sangram 65 67 Gupta Bhagwandas 66 66 Maltidevi Sankataprasad Yadav 67 84 Prajapati Ambika 70 80 Rajbhar Garib 75 90 Gupta Purnavasilal 77 89 Kharavi Shankar Devaji 78 : 9 : 86 Kanse Jayvanti Kashiram 81 85 Kevat Ramai Ramkhilavan 82 104 Yadav Santoshkumar 83 102 Khan Gaisuddin 86 100 Dashrath Prema Patel 88 111 Baban Bhana Dubali 91 108 Ramjanam Yadav 93 107 Busata Gyasuddin 94 106 Saroj Pannalal 95 113 Yadav Samara Satyanarayan 97 114 Sanjay Maykal Navsha 99 115 Ansari Ainul 100 117 Swami Pokhardas 102 118 Khan Sattar 103 94 Suryawanshi Shrimant Sitaram 107 : 10 : EXHIBIT – B LIST OF SUCH OUTSIDER BOGUS SLUM DWELLERS MHADA ANN.II Sr.No. Name of Slum Dweller BMC Ann.II Sr. No. ---- Fatimabi Jafar Shaikh 6 ---- Gulshan Abdul Karim 26 26 Mohd. Rafik Noor Mohd. 34 38 Khan Sagir Ahmed 48 --- Ismail Abdulla Qureshi 56 88 Rehanabee Shaikh 79 99 Khan Sanaulla Bismilla 89 105 Salma Qureshi 96 --- Yakub Abdulla Qureshi 109 56 Qureshi Suleman Ali Hasan 110 --- Turk M. Salim Mohd. 114 --- Tauffique Yusuf Shaikh 116 --- Mohd. Farooq Yaqoob Qureshi 121 --- Mohd. Ramzan Hanif Qureshi 123