Accused violating bail conditions, interfering in building redevelopment: Residents

A probe ordered by the Brihanmumbai Municipal Corporation (BMC) found the alleged illegal alterations done in the nursing home on the ground and first floors of the building by Shitap as the main cause for the collapse.

Mumbai: Nearly six years after its collapse allegedly due to illegal alterations carried out by former Shiv Sena leader Sunil Shitap, residents of Siddhi Sai society in Ghatkopar complained to the police that the accused is violating the conditions of bail by interfering in the redevelopment of the building.

HT Image

The Siddhi Sai co-operative housing society in Damodar Nagar collapsed on the morning of July 25, 2017, killing 17 residents.

A probe ordered by the Brihanmumbai Municipal Corporation (BMC) found the alleged illegal alterations done in the nursing home on the ground and first floors of the building by Shitap as the main cause for the collapse.

Shitap was arrested on charges of culpable homicide not amounting to murder among others. He was on interim bail from June 1, 2020 till February 28, 2021. He was granted bail by the High Court in March 2021.

When Siddhi Sai residents got together to find ways of reconstructing the building, they realised that their gross area has been reduced in the property records allegedly due to interference by a developer. After repeated complaints to the suburban collector, the City Survey Office in 2018 remeasured the area and found that it was indeed reduced from the original area.

The collector, however, remanded the matter to Konkan divisional commissioner, who questioned why the residents had delayed in raising this matter. The residents then had to approach the state revenue minister Radhakrishna Vikhe Patil, who in May 2023 issued the orders for condonation of the delay. The legal issue will now be heard again by the Konkan divisional commissioner.

However, their worst fears came true when Shitap approached some members of Siddhi Sai society earlier this month claiming that no one will redevelop the building, and that he will use his influence to get the necessary favourable orders.

Stating this in a complaint to Park Site police station on Saturday, the residents alleged that through an influential person from neighbouring Shanti Niketan society, Shitap has been trying to interfere in the society’s affairs and pressurise members to allow him to redevelop the building in clear violation of the bail conditions.

While granting bail to Shitap on March 12, 2021, Justice AS Gadkari imposed two conditions. “Applicant shall not enter jurisdiction of Parksite Police Station and Chirag Nagar Police Station, Mumbai, except for marking his attendance at the said police station, as directed herein above,” said the first condition. “Applicant shall not tamper with the evidence and/or pressurise the prosecution witnesses,” said the second condition.

Justice Gadkari also noted that four years after the incident, the prosecution had not taken any steps to frame charges and therefore, directed the additional sessions judge to expedite the trial and make an attempt to complete it within one year from the date of the bail order. The trial has not begun in the matter yet.

In the complaint, the residents have demanded that investigation be ordered into Shitap’s violation of the High Court bail conditions, and a fresh FIR against him for allegedly trying to pressurise society members to hand over the redevelopment to him.

Pointing out that he is the prime accused in the criminal case, the complaint said on June 3, Shitap held a meeting with some members of the Siddhi Sai society and on June 5 and visited the office of the Konkan divisional commissioner and Mantralaya regarding the legal case.

“I was present at the meeting, and I strongly opposed the attempts to take over the redevelopment of the building. I demanded that first, he compensate the society members for the loss of the property,” said Birendra Singh, the complainant and the man spearheading the society’s efforts to redevelop the building for last six years.

When contacted for a comment, Shitap did not respond to calls and messages.