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Bombay High Court Denies Bail to Bhayandar Builder Over Alleged Forgery in Redevelopment

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Bombay High Court Denies Bail to Bhayandar Builder Over Alleged Forgery in Redevelopment

Bombay High Court Denies Bail to Bhayandar Builder Over Alleged Forgery in Redevelopment

Bombay High Court Denies Bail to Bhayandar Builder Over Alleged Forgery in Redevelopment

The Bombay High Court has refused to grant anticipatory bail to 73-year-old builder Umraosingh Ostwal, who is accused of fraudulently altering building plans in a redevelopment project in Jesal Park, Bhayandar (East). Ostwal faces arrest under a 2021 FIR registered at the Navghar police station, following complaints by flat purchasers and a local ward officer of the Mira-Bhayandar Municipal Corporation (MBMC).

According to the FIR, MBMC’s original sanctioned plan for Ostwal Ornate Building No. 2 designated floors one to seven for residential use. However, Ostwal is accused of preparing a bogus building plan that misrepresented the first floor as intended for commercial use. This alleged forgery led to the construction of 112 shops on the first floor in place of the approved 16 residential flats. The charges include cheating, forgery, and the use of fake stamps and signatures purportedly of MBMC officers.

Despite being on interim protection since July 2021 – a measure intended to prevent his arrest while investigations were ongoing – Ostwal’s anticipatory bail application was rejected by Justice Shivkumar Dige. The court noted that, although the construction has since been regularised, the illegal act of submitting a false sanction plan cannot be overlooked. “The fabrication of a sanction plan with fake signatures and stamps, to show the first floor as commercial instead of residential, is an act that must be thoroughly investigated,” the judge stated.

Prosecutor Sangeeta Shinde emphasized the need for custodial interrogation to probe the preparation of fake stamps and forged documents, which were allegedly submitted to the registrar’s office during the sale of the shops. Senior advocate Shirish Gupte, representing Ostwal, argued that the plan in question was obtained through a Right to Information request and exists in MBMC records, suggesting that it may not be fabricated. However, the court remained unsatisfied with this explanation.

The case has sparked concerns over regulatory oversight in redevelopment projects, as flat purchasers continue to suffer from deviations from the originally approved residential plans. With Ostwal now facing further custodial interrogation, authorities are expected to intensify their probe into the matter, highlighting the challenges in enforcing compliance and maintaining transparency in urban redevelopment schemes.

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About the author
Sandeep Sadh

About Sandeep Sadh

Sandeep Sadh has been in the real estate business since 1993 in Mumbai. He has expertise in Buying, Selling, Leasing properties in Mumbai and a deep understanding of legal and tax related matters due to his experience.

Summary

Over the years, he has experienced the City's growth. He has been a columnist in the Times of India with numerous articles, which bring about a clear picture of the real estate market in Mumbai. He is a regular on NDTV, CNBC, ET Now Real Estate and Zee News, giving his experienced quotes as and when required.

Sandeep Sadh has used information and technology since the year 1998 and now what people call it Prop Tech to cater to the needs of Home Buyer, Seller, Investor and Corporates, HNI and NRI looking to Buy/Sell or Lease their properties in the Mumbai Property Market.

Sandeep has a holistic experience of real estate be it Leasing an Apartment for your CEO in the most upmarket buildings, to enter into a long lease for your office in Mumbai in prime buildings or an Investment in good projects with a detailed analysis keeping in mind the Demand and Supply and other micro factors of the project/property.

Sandeep Sadh has developed a few websites like www.mumbaipropertyexchange.com, www.realestatemumbai.com, www.propi.in which augment the real estate consulting business.

Right from Investments in Primary Markets to Selling, leasing and specializing for NRI’s all over the world. He is an expert in NRI Home Buying and Selling and has a good understanding of the Income Tax laws pertaining to Selling a Property and Repatriating funds overseas or reinvesting based on Capital Gains etc.

Experience

  • Residential Leasing
  • Commercial Leasing
  • Residential Home Buying
  • Commercial Property Buying
  • Investment Properties with complete Property Management as your Real Estate Family office

While transacting in the above segments, he has complete experience and deep understanding of the paper work, his areas of expertise are :

  1. Drafting of the Leave and License Agreements
  2. MOU for Buying/Selling Properties
  3. Drafting Agreement for Sale
  4. Gift Deeds
  5. Computing of Capital Gains with current ready reckoner values
  6. Drafting of Supporting Power of Attorney.

As an add on Service, Sandeep Sadh has tied up with various Professionals like Lawyers and Chartered Accountants who add value in transacting and specially services for Non Resident Indians.

Application to Income Tax for Lower Tax Deduction Certificate – Through a qualified CA and keeping a grip on the traction so that the remittance back to Non Resident Indians after Selling the property is seamlessly transferred.

You can connect with Sandeep Sadh on ssadh@mumbaipropertyexchange.com

LinkedIn - https://www.linkedin.com/in/sandeepsadhmpe/

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