15 July,2024 04:08 AM IST | Mumbai | Faizan Khan
The billboard fell on a petrol station in Ghatkopar East on May 13. File pic
The 3,299-page charge sheet filed by the Mumbai Crime Branch's SIT in the Ghatkopar hoarding collapse case, which resulted in 17 deaths and over 80 injuries, reveals a nexus between GRP and BMC officials. The charge sheet includes allegations against four accused arrested in the matter, while the case remains open against BMC and GRP officials, including a former commissioner suspected of colluding with EGO Media to bypass legal regulations.
The charge sheet highlights that during the excavation for the large hoarding, a nearby tree fell, prompting the JCB operator to recommend a soil test due to the land's softness. Despite this, the EGO Media director and the main accused ignored these warnings and proceeded without conducting the required soil test.
Bhavesh Bhinde in Mumbai police's custody. File pic/PTI (right) Quaiser Khalid, the former commissioner of railway police, Mumbai. File pic
The charge sheet reveals that Bhavesh Bhinde, one of the accused, is an acquaintance of suspended IPS officer Quaiser Khalid. Khalid allegedly allowed the Ghatkopar hoarding despite it being rejected by the DGP and requiring permission. According to the charge sheet, Khalid, Bhinde, and BMC License Inspector Sunil Dalvi exploited legal loopholes to secure the hoarding contract for EGO Media. While charges have been filed against Bhinde, the investigation into Khalid, other GRP officials, and BMC officials remains ongoing. Khalid has stated he acted legally and in the interest of the police welfare fund.
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Highlighting an important conversation between Khalid and Bhinde, the charge sheet reveals that Jhanavi Marathe, the director of the company when the process of obtaining sanctions for the hoarding was underway in 2020, met the then-commissioner of GRP, Ravindra Sengaonkar, regarding the Ghatkopar hoarding. Sengaonkar correctly informed her that BMC's permission was needed for the hoarding as the land belonged to the state government, a condition also mentioned in the tender floated by the Railways. According to the charge sheet, after Sengaonkar was transferred, Khalid was appointed as the GRP commissioner. The charge sheet reveals that Bhinde was an acquaintance of Khalid and visited his office on Khalid's first day in charge, accompanied by Marathe.
The charge sheet further states that Khalid asked Bhinde, "Tumko hoarding ka contract mila hai, to bhi tum kaam kyon chalu nahin kar rahe ho?" (You have received the hoarding contract, so why haven't you started the work?). In response, Bhinde said, "We need to first take permission from BMC as per former commissioner Sengaonkar; we cannot put up a big hoarding without BMC permission." He further added, "Bhartiya Railway ki jagah bata kar hum Mahanagar Palika ke bina permission hoarding ka kaam kar sakte hain aur usme hum sab ka fayda ho sakta hai" (By showing it as Railways land, we can do the hoarding work without BMC permission, and we can all benefit from it).
BMC and fire brigade teams clearing the site after the hoarding fell. File Pic/Atul Kamble
The charge sheet reveals that after discussing the matter with Bhinde, Khalid started looking into the issue and called his DCP, Pradip Chavan. Another person, identified as Killedar, was also involved, though it's unclear from the charge sheet whether Killedar accompanied the DCP or was with Khalid when the DCP went to meet him. They reviewed all the documents concerning the Ghatkopar hoarding and explored the legal aspects of the case. Following this, Khalid requested two legal opinions to show that the railway police needed it.
He asked for these opinions from APS Law Firm, represented by Stinson Pablo, who was the former counsel in court cases related to Indian Railways hoardings. Khalid also suggested obtaining a legal opinion from retired high court judge Nirgude. A letter from the railway police was sent on May 31, 2021. Shockingly, the charge sheet highlights that the fee for these legal opinions was paid by the accused company, EGO Media. Khalid also took the opinion of the Legal Officer of the Railway Shirsath and according to that feedback Quaiser Khalid said that "Railway police is part of Indian Railways and BMC permission is not required.
The charge sheet notes that Marathe, the EGO Media director, increased the hoarding size from 40x40 to 80x80 square feet, citing that BMC permission was not necessary. The hoarding work began in December 2021 and was completed in June 2022. Khalid reportedly informed Bhinde that a BMC no-objection certificate was required. Bhinde and Marathe then met N Ward licensing officer Sunil Dalvi, who sent a letter to Railway police in April 2022. After receiving legal opinions suggesting BMC permission was not required, Dalvi told Bhinde that BMC property taxes were being collected, and an NOC was needed.
Dalvi also offered to help Bhinde obtain a favourable opinion for a fee. Bhinde, who lacked funds, borrowed approximately Rs 40 lakh from a credit bank with Dalvi's assistance. Some amount was was then paid to Dalvi, which is being investigated. The police have obtained WhatsApp chats between Dalvi and Bhinde, and Dalvi's statement has been recorded. The SIT is further investigating these chats to establish accountability among GRP and BMC officials.
The charge sheet further highlights that during excavation, a JCB operator noted the soil was soft, causing nearby trees to collapse. He requested a soil test, which would have taken 15 days, but Marathe and Bhinde proceeded without it, contributing to the hoarding's collapse. The operator's statement has been recorded as a witness in the case.
3,299
No of pages of charge sheet