Mumbai top cop in trouble for 'cancelling flats at inflated price'

Jogeshwari builder alleges in complaint to CM that city police Commissioner Sanjay Barve is threatening him after telling him to buy back two flats he bought for Rs 1.35 crore in 2015 for Rs 2.75 crore

A city builder has written to Chief Minister Devendra Fadnavis and the state Anti-Corruption Bureau (ACB) complaining that Mumbai Police Commissioner Sanjay Barve told him to buy back two apartments at an inflated rate. The letter also alleges that Barve threatened the builder. A senior ACB official confirmed to mid-day that they have received the complaint, without divulging further details. Barve denied all allegations, telling mid-day, "There is no merit in the complaint."

In the letter, a copy of which is with mid-day, the owner of Bhawani Developers, who identifies himself as Mohammed Arshad Mohammed Kaleem Siddiqui, has said that Barve bought two sale component apartments in an SRA project named Bhawani Heights in Majaswadi, Jogeshwari. The two flats, admeasuring a combined carpet area of 1,048 square feet, were sold to Barve's wife Sharmila for R1.35 crore in April 2015, said Siddiqui.

Police Commissioner Sanjay Barve

In 2017, Barve approached the builder through his partner and expressed a desire to sell the two apartments, which were still under construction, back to the builder as the commissioner was in 'urgent financial need', the complaint said. Siddiqui cited the real estate slump and asked for time. After a while, Siddiqui said, the senior IPS officer initially asked him to pay the same price at which the flats were bought (R1,34,85,500). "I agreed and first paid him R50 lakh on December 26, 2018, and another R25 lakh on March 12, 2019," Siddiqui said in the complaint.

'Had no choice'
However, after receiving the tranche of R75 lakh, Barve suddenly demanded a total of R2.25 crore, said Siddiqui. "I had no choice but to accept his [new] demand," the complaint said. "I paid him [Barve] a further R46 lakh on May 20, and pleaded him to give me sufficient time for further payment. Instead of obliging me by giving me sufficient time, he demanded an additional R50 lakh."

Mohammed Arshad Siddiqui, builder

Siddiqui said this brought Barve's total demand to R2.75 crore, despite a weak market. Siddiqui said he expressed his inability to pay the huge amount to Barve due to acute financial crisis, but the commissioner "started threatening me with dire consequences if I did not make the payment".

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'Facing threats'

"He told me he has information of all my construction projects and that he would stop all my projects and will implicate me in false cases. He threatened that he could register several cases against me at various police stations in Mumbai," Siddiqui said in his complaint to the chief minister.

When mid-day contacted Siddiqui he said, "In my letter to the CM, I have mentioned about the problem and threat I am facing from the Mumbai police commissioner. The same has been given to the ACB. I would not like to comment anything beyond this at this stage."

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He, however, alleged that on June 15 and 17, men who identified themselves as being from the Economic Offences Wing of Mumbai police barged into his office and started interrogating his staff.

"This is not a regular and usual complaint," Siddiqui said in his complaint. "I am constantly under threat and mental agony. It is nothing but abuse of power. It is necessary to hold a high-level inquiry in the matter and get rid of the grave situation of my life."

The letter also refers to the current housing law, MahaRERA. "Even under MahaRERA provisions, the amount payable by a developer to a purchaser in case of cancellation of the deal is 10.6 per cent per annum. Even if we calculate the amount payable to Barve sahib as per this, it comes to approximately R2 crore," the letter said.

Malignant motives

While Barve refused to be drawn into the details, sources in the know said the complaint has been lodged with the intent of maligning the commissioner. The sources said Barve was not even the Mumbai police commissioner when he bought the two flats; nor did he ever anticipate that he will occupy the coveted post in the future.

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"All due procedure — like informing and taking permission of the government as per civil service rules — were followed when buying, and selling, the flats," said a source said. "There is no question of hiding anything. In fact, the only complaint against the commissioner during his entire tenure is this one from this developer. This clearly shows it is a case of personal vendetta and has nothing to do with the profession or misuse of power."

Rs 1.35cr
The price Barve bought the two flats for in 2015

Rs 1.8cr
The current value of the flats as per ready-reckoner

Rs 2.75cr
The price Barve allegedly demanded from the builder

Rs 1.21cr
Amount builder claims to have repaid Barve

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