No material to show criminal conspiracy, says court, discharging Bhujbhal's kin in cheating case

Photo for representational purpose

There was no material to satisfy the ingredients of a criminal conspiracy, noted a court while discharging Maharashtra cabinet minister Chhagan Bhujbal's son Pankaj, nephew Sameer and two others in a case of alleged cheating involving a group of flat buyers in Navi Mumbai.

The four were discharged by additional sessions judge HS Sathbai earlier this month, but a detailed court order was made available on Wednesday.

The 2015 case pertains to allegedly cheating flat buyers in a Navi Mumbai real estate project called "Hexworld". It was alleged that 2,344 flats were sold and Rs 44 crore was collected from buyers but they were not given possession as the project got stuck.

A case of cheating and breach of trust and under relevant provisions of the Maharashtra Ownership Flats Act (MOFA) was registered against Pankaj and Sameer Bhujbal, Devisha Infrastructure Pvt Ltd, the company that had taken up the project, and others in 2015 on a complaint submitted by a resident of Chembur, a suburb of Mumbai.

Pankaj and Sameer Bhujbal and the two other accused were directors of Devisha Infrastructure.

The judge, in his order, observed that from the materials of the charge-sheet, prima facie, it cannot be inferred that there was an intention on part of Devisha Infrastructure or its directors to cheat the informant (complainant) or any other flat purchaser.

"There is no material to satisfy the ingredients of the offence of criminal conspiracy since there was no misrepresentation to any of the flat purchaser," he added.

The court said from the materials on record, at the most, it can be said that there was a breach of contract between Devisha Infrastructure and the flat purchasers.

The court said lodging of an FIR by the informant prima facie appears to be an attempt to resolve a civil dispute by giving it colour of a criminal offence.

"No fraudulent or dishonest intention at the time of accepting

the booking amount from the customer is seen," the judge added.

The court said the reason of obstruction of CIDCO to access road to the construction site and attachment of immovable property of Devisha Infrastructure by the Enforcement Directorate in 2015 were "sufficient and proper reasons" for not making further construction of the buildings and giving possession of flats.

City and Industrial Development Corporation (CIDCO) is a planning agency of the Maharashtra government that has designed and developed Navi Mumbai.

The circumstances that prevented them (the accused) from giving possession of the flats on or before 2012 were beyond the control of the private firm and its directors, the court said.

After perusal of relevant papers and the charge-sheet, it appears that as per the demand of 200 flat purchasers their booking amount has been refunded by Devisha Infrastructure, the court said.

Furthermore, there was a "just and valid" cause, which prevented them from completing the project, it said.

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