Special court orders FIR against Sena MLA Kudalkar for MHADA land grab

The complainant alleged that a hall and several commercial establishments had been constructed without authorisation by the three-time MLA on a Kurla East plot reserved for amenity services and a garden

MUMBAI: A special court under the Prevention of Corruption Act on Wednesday directed the Anti-Corruption Bureau (ACB) to register an FIR and conduct a detailed investigation into allegations that Shiv Sena MLA Mangesh Kudalkar had encroached upon MHADA land reserved for public amenities and misused public funds.

Mangesh Kudalkar (left) is part of the Shiv Sena led by Eknath Shinde (right) (Hindustan Times)

The order was passed by special judge Satyanarayan R Navander while allowing a complaint filed by local resident Ramesh Satyan Borwa, who alleged that a hall and several commercial establishments had been constructed unauthorisedly by the three-time MLA on a Kurla (East) plot reserved by MHADA for amenity services and a garden. The complainant placed on record documents along with an affidavit in support of his allegations.

After examining the complaint and the material produced, including correspondence issued by MHADA, the court recorded: “Prima facie, it appears that on the plot reserved by MHADA for amenity service and garden, a hall is constructed with some commercial centres unauthorisedly.” The judge observed that the allegations levelled against Kudalkar were “specific” and backed by a sworn affidavit filed by the complainant.

Taking note of MHADA’s letter dated November 25, the judge stated that there was “some substance in the allegations”, sufficient to justify police intervention. He held that the material placed on record disclosed cognisable offences requiring investigation and directed that a case be registered and probed by a duly authorised senior officer of the ACB in accordance with the Prevention of Corruption Act.

The court noted that, according to the complaint, public funds allotted for the development of the constituency were allegedly misused, with the complainant asserting that “instead of carrying out the sanctioned work, he has constructed the hall for earning income” and that the structures were “given on rent unauthorisedly”.

At this preliminary stage, the judge observed that the allegations were “serious in nature” and related to “unauthorised construction” on public property, warranting investigation. “Therefore it would be proper to issue directions to the senior police inspector, Nehru Nagar Police Station, to register an FIR and carry out a thorough investigation as per Section 175 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and submit the final report to this court,” the judge reasoned. However, the court finally directed the assistant commissioner of police, ACB, to register an FIR and conduct the investigation.