Mumbai: The Bombay high court has set aside a special court order directing the state Anti-Corruption Bureau (ACB) to probe charges of corruption levelled against the chief secretary of state, U.P.S. Madan.
A division bench of Justices Ranjit More and Bharati Dangre allowed the petition filed by Madan, challenging the October 2018 order of the special ACB court. Madan in his petition had said that the special ACB court passed the order without obtaining prior sanction from the government under section 197 of the Code of Criminal Procedure.
The special ACB court ordered the probe against Madan on an application filed by one Pratap Teli who claimed that Madan, during his tenure as commissioner of the Mumbai Metropolitan Region Development Authority (MMRDA), flouted norms and caused pecuniary advantage to Ranbir Maker and Manish Maker, directors of The Indian Film Combine Private Limited.
According to the application and submissions made before the court, a large plot measuring more than 20 acres was reserved for a drive-in theatre at Bandra (east), a âsubstantialâ part of which fell in the category of Coastal Zone Regulations II.
Mr Teli claimed that as per the regulations issued on February 19, 1991, floor space index (FSI) admissible only as per this notification would prevail and that there would be no change of use, which meant that the land could only be used for the development of the drive-in theatre.
Mr Teli also told the special court that despite this, a FSI of 2 was granted permitting âhuge constructionâ on the land allowing an âillegalâ change in its use to that of a shopping mall, five-star hotel, etc.Â