Patra Chawl case: Court grants bail to HDIL promoter Rakesh Wadhawan

MUMBAI: The sessions court recently granted bail to Housing Development Infrastructure Limited (HDIL) promoter Rakesh Wadhawan in the case registered against him and others by EOW in connection with the redevelopment of Patra Chawl.

Additional sessions judge SM Tapkire while granting bail to Wadhawan said, “The investigating agency had not taken effort or attempted to interrogate, investigate the allegations, grievances against the applicant (Rakesh Wadhawan) by taking him in custody but chargesheet is submitted against the applicant without his interrogation.”

The court said though a considerable period had lapsed after the registration of the FIR, the final report was not filed by the investigating agency and merely a plea was raised that the investigation was yet to be completed. The prosecution failed to put forth appreciable grounds for the requirement for custodial detention of the accused, the court added.

In his complaint to the EOW, Niitin J. Gadkari, chief engineer of MHADA had alleged that Wadhawan’s firm M/s. Guruashish Construction Pvt. Ltd and its directors had taken Patra Chawl redevelopment project and promised to provide 767 sq.ft. built up area flats to 672 tenants of the British Era chawls and additionally provide 2,28,961 sq m. constructed area free of cost to MHADA. However, he said, later handed over the project to others without the consent and approval of MHADA and transferred the Floor Space Index to other developers.

While seeking bail for Wadhawan, his lawyer Sagar Shetty pointed out that the chargesheet in the case has already been filed and other accused in the case have already been granted bail.

The prosecution, however, objected to the plea, stating that the accused alienated the entire FSI of the project obtained from MHADA to nine developers and from them obtained the consideration amount ₹1,089.73 crore and the entire amount was misappropriated. Besides, it was argued that the amount of ₹544.20 crore and ₹8.7 crore were siphoned off and routed into the personal accounts.

The sessions court has also granted bail to Rakesh Wadhawan in a cheating case registered by the EOW based on the complaint of a flat purchaser in one of their projects, “Whispering Tower.” The flay buyers complained that the company took money from them but failed to give possession of the flats.

Wadhawan, however, will continue to be behind bars, as he has not yet been granted bail in connection with the money laundering cases registered against him by the Enforcement Directorate.