Urgent Representation Seeking Directorate-Level Inquiry and Action Urgent Representation
Urgent Representation Seeking Directorate-Level Inquiry and Action
Urgent Representation Seeking Directorate-Level Independent Inquiry, Criminal Investigation, and Departmental Action
To,
Shri Abhishek Krishna, IAS
Commissioner and Director
Directorate of Municipal Administration
7th Floor, Belapur Bhavan, Sector 11
C.B.D. Belapur, Navi Mumbai – 400614
Maharashtra
Subject: Urgent request for immediate Directorate-level independent inquiry, criminal investigation, departmental proceedings, and Action Taken Report regarding serious allegations of municipal irregularities, forged/manipulated records, unauthorized construction, abuse of authority, corruption, and financial loss to the State Exchequer in connection with Mohan Nano Estates, Ambernath — complaint pending since 2023
Respected Sir,
I, on behalf of the members of Mohan Nano Estates Co-operative Housing Society (Wings A to E), Ambernath, submit this representation seeking your immediate and personal intervention in a matter involving serious allegations concerning fraudulent or irregular approvals, manipulation and/or forgery of official records, unauthorized construction, abuse of official authority, regulatory violations, possible collusion, and substantial financial loss to the Government exchequer.
A detailed complaint, together with supporting documentary material, was submitted in 2023. The matter was also forwarded to the concerned authorities, including through the offices of Deputy Chief Minister Shri Eknath Shinde and Chief Minister Shri Devendra Fadnavis. Despite the matter having remained pending for approximately three years and despite the seriousness of the allegations and documentary material placed on record, no effective, transparent, reasoned, or conclusive action has been communicated to the complainants to date.
This prolonged inaction is a matter of serious concern.
@SUSHILA D PAWAR, Deputy Secretary; @Dr. Sonia Sethi; and Shri Govind Raj: the representations and related communications have been forwarded to you by the offices of the Deputy Chief Minister and Chief Minister since 2023. What action has been taken on these communications and complaints to date? If no substantive action has been initiated, the continued pendency requires immediate explanation and intervention at the appropriate administrative level.
The matter cannot reasonably be treated as a private dispute between residents and a developer. The allegations concern the functioning of municipal authorities, the validity of statutory approvals and certificates, the integrity of public records, enforcement of planning and environmental laws, and potential loss of public revenue.
Accordingly, the matter warrants an independent Directorate-level inquiry, rather than continued referral between the same authorities whose actions and decisions are themselves required to be examined.
1. Alleged Forged Approvals, Manipulated Records, and Unauthorized Development
The documents and records available with the complainants indicate serious irregularities concerning Mohan Nano Estates and other developments within the Ambernath and Badlapur areas.
The allegations require detailed verification and, where necessary, forensic examination of:
Commencement Certificates and their underlying permissions and supporting documents;
Occupancy Certificates and compliance with mandatory statutory requirements;
Construction completion dates and corresponding municipal records;
Building permissions, revised permissions, commencement permissions and related approvals;
Records relating to actual construction vis-à-vis sanctioned plans;
Environmental permissions and the circumstances under which any post-facto approvals or clearances were obtained;
Correspondence, file notings, inspection reports, technical reports and internal approvals maintained by the concerned authorities;
Any discrepancies between original records and subsequently issued or modified documents.
If the allegations are established after due investigation, they may disclose offences involving forgery, fabrication or use of false documents, submission of false information, cheating, conspiracy, manipulation of public records, and other violations under applicable law, including relevant provisions of the Bharatiya Nyaya Sanhita and other applicable statutes.
2. Independent Inquiry into the Role of Public Officials
The approval and regulatory process requires an impartial examination of the conduct and accountability of every official who dealt with the concerned projects.
The inquiry may specifically examine the roles, responsibilities, decisions, file movement, inspections, certifications and approvals associated with the following officials:
Chief Officers:
Shri Bhalchandra Gosavi
Shri Shridhar Patankar
Shri Devidas Pawar
Shri Prashant Rasal
Town Planners:
Shri Vidyasagar Chavan
Shri Prakash Muley
Shri Vivek Gautam
This representation does not seek a presumption of guilt against any individual. However, in view of the documents and allegations already placed on record, their respective roles should be objectively examined and responsibility fixed strictly on the basis of evidence.
The inquiry should determine, inter alia, whether there was:
Failure to verify mandatory statutory documents;
Negligence or dereliction of statutory duties;
Approval or certification despite apparent deficiencies;
Unauthorized facilitation or regularization of development;
Suppression or overlooking of material violations;
Abuse or misuse of official authority;
Any improper benefit to private parties;
Any coordinated misconduct or other unlawful conduct.
Where evidence establishes misconduct, negligence, corruption, or abuse of authority, appropriate departmental, disciplinary, criminal, or anti-corruption proceedings should be initiated under the applicable laws and service rules.
3. Examination of Wider Systemic Irregularities in Ambernath and Badlapur
The issues raised appear to warrant examination beyond the individual project.
The Directorate may therefore undertake a broader review of whether similar irregularities have occurred in other developments within the relevant municipal jurisdiction, including:
Approvals based on defective or questionable documentation;
Construction undertaken without valid permissions;
Occupancy Certificates issued despite unresolved statutory violations;
Violations of development control and planning regulations;
Environmental compliance failures;
Irregular regularization of unauthorized construction;
Inconsistencies between sanctioned plans, municipal records and actual construction.
If such a pattern is established, appropriate systemic corrective measures should be recommended so that similar violations do not continue.
4. Financial Loss to the State Exchequer
The alleged irregularities may have significant financial consequences for the Government and public authorities.
The Directorate should therefore determine whether the alleged acts have resulted in:
Non-recovery or under-recovery of legitimate municipal and Government dues;
Incorrect assessment of statutory liabilities;
Loss of development-related revenue, penalties, fees or other charges;
Financial benefits being unlawfully conferred upon private parties;
Financial liabilities being improperly shifted onto innocent residents.
The total financial impact should be quantified through an independent financial and forensic examination, wherever warranted, and any recoverable amount should be pursued from the persons legally responsible.
5. Immediate Action Requested
In view of the above, I respectfully but firmly request that your office:
Order an immediate, independent Directorate-level inquiry into the entire matter concerning Mohan Nano Estates and connected developments.
Call for and secure the complete original municipal records, including approval files, commencement permissions, sanctioned plans, revised plans, inspection reports, Occupancy Certificates, correspondence, file notings and all connected documents, so that relevant records are preserved and cannot be altered, misplaced or destroyed.
Direct an independent technical and forensic examination of the approvals, certificates, municipal records, construction timelines and other relevant documents.
Examine the role and accountability of all concerned builders, developers, architects, consultants, officials and other persons involved in the approval, construction, certification and regulatory process.
Where the inquiry discloses cognizable offences, direct appropriate criminal action in accordance with law, including under the Bharatiya Nyaya Sanhita, Prevention of Corruption Act, and other applicable legislation.
Initiate departmental proceedings against officials found responsible for negligence, misconduct, dereliction of duty, abuse of authority or violation of statutory obligations.
Examine the legality of approvals or certificates allegedly obtained through misrepresentation, suppression of material facts, false documentation or other fraudulent means, and take appropriate action in accordance with law.
Where unauthorized construction or other statutory violations are established, initiate appropriate corrective and enforcement proceedings in accordance with law.
Assess and recover all Government and municipal dues, penalties and losses from the persons legally liable.
Ensure that innocent residents are not unfairly burdened with financial or legal consequences arising from acts allegedly committed by developers, officials or other responsible persons, subject always to the findings of the competent authority.
Examine whether the complaint and representations forwarded since 2023 were properly acted upon and fix administrative accountability for any unexplained or unjustified delay.
Most importantly, provide the complainants with a written, reasoned and time-bound Action Taken Report (ATR) specifying:
the action taken since 2023;
the authorities/officers to whom the matter was assigned;
the inquiry or investigation conducted;
the findings, if any;
the present status of the matter; and
the specific further action proposed, together with a reasonable timeline.
6. Accountability for Prolonged Pendency
The continued pendency of a complaint involving allegations of this magnitude for approximately three years cannot be allowed to become an administrative dead end.
The fact that the matter has been repeatedly forwarded to concerned authorities, including through the offices of senior constitutional and Government functionaries, makes the absence of a clear and communicated outcome even more concerning.
Accordingly, I respectfully request that the Directorate also examine why no effective action has been brought to conclusion since 2023, whether the matter was properly investigated at any stage, and whether any avoidable administrative delay has occurred.
If an inquiry has already been conducted, the complainants may kindly be informed of its findings and provided with the applicable Action Taken Report. If no inquiry has been conducted, the matter should be taken up without any further delay.
Conclusion
This representation concerns far more than an individual housing dispute. It raises serious questions regarding the integrity of municipal administration, enforcement of statutory planning laws, protection of public revenue, accountability of public officials, and the confidence of citizens in the regulatory system.
The allegations have remained pending since 2023, notwithstanding the submission of supporting material and forwarding of the matter through senior Government offices.
Further unexplained delay is neither justified nor in the public interest.
I therefore request your personal and immediate intervention and seek a fair, independent, transparent and time-bound inquiry by an authority sufficiently independent to examine the actions and omissions of the concerned municipal officials and other persons involved.
The complainants are not seeking preferential treatment or any finding against any person without due process. We seek only an impartial investigation, preservation and examination of the relevant records, fixation of responsibility on the basis of evidence, recovery of any public loss established by law, and appropriate criminal and departmental action wherever violations are proved.
I request that a written Action Taken Report be issued within a definite and reasonable timeframe, failing which the complainants will be constrained to pursue such further remedies as may be available under law before the appropriate competent authorities and forums.
This representation is submitted in the interest of justice, transparency, accountability, protection of public revenue, and the rights of innocent residents.
Yours faithfully
On behalf of the members of
Mohan Nano Estates Co-operative Housing Society Ambernath