Bomay High Court Says No To Bail: Developers Face Music In Khadija Hitech Tower Scandal

Mumbai: On Thursday, the Bombay High Court refused developers
anticipatory release on charges that they deceived a man into investing
over ₹72 lakh in a property project without granting him ownership of the
apartment.

In a complaint filed at the Oshiwara police station, Inamulhaq Barkat Ali
Khan claimed that the accused had misled the informant about the
"Khadija Hitech Tower" project, causing him to deposit more than ₹72 lakh
without obtaining the apartment. The court's ruling is based on evidence
of dishonest behavior and Khan's financial hardship, which is made
worse by his wife's grave health problems.

In the aforementioned case, on October 2, 2023, the defendants Siddik
Mohammed Hafizi, Irfan Yusuf Hafizi, and Iqbal Valli Hafizi requested
anticipatory bail. Under different sections of the Indian Penal Code and
the Maharashtra Ownership Flats (Regulation of the Promotion of
Construction, Sale, Management and Transfer) Act, 1963, the three are
accused of deceiving, criminal breach of trust, and unlawful construction.

The incident happened in 2010. Iqbal and Irfan approached him about a
residential project called "Khadija Hitech Tower," which was being developed by M/s Hitech Town Developers and M/s Hafizi Builders. Khan paid ₹72.5 lakh for a flat after touring the project site, where work had apparently reached the eleventh story. The Brihanmumbai Municipal Corporation stopped the work after he discovered it was an unauthorised
building.

Only a crude, unregistered agreement with falsified signatures was what
Khan said he received, and he was forced to make further payments under false pretences. Following his purported threat from Irfan in 2021 when he sought possession, he filed a formal complaint.

On the grounds that possession was only allowed up to the 21st story and that construction plans were only conditionally permitted, the attorneys representing Siddik, Irfan, and Iqbal contended that there was no intention to deceive Khan. They said that new rules made it impossible to build new buildings. But Khan's Attorneys, B. P. Pandey, Ridhima Mangaonkar, and Shyam Tripathi, emphasized the significant financial setback he suffered, which has made it more difficult for him to pay for his wife's cancer treatment. They claimed that the evidence supported grave accusations of misuse and cheating.

Prashant Jadhav, the extra public prosecutor, backed Khan's allegations by pointing up Siddik's numerous prior offences and the seriousness of the crimes, pleading with the Court to refuse bail.

Judge Sarang Kotwal came to the conclusion that Khan had been deceived by the applicants at every stage of the deal, with crucial information about the construction plan restrictions being withheld. He emphasised Khan's substantial financial and psychological costs, given that he has had to wait more than fourteen years to receive the land.

Furthermore, the Court rejected the anticipatory bail motion, stating that
the circumstances demonstrated a clear intent to defraud, so supporting
the allegations of deception and criminal breach of trust.

Author:
Aarya Kadam (News Writer) is a final-year BBA student and a creative writer with a passion for current affairs and legal Judgments.