T C Benjamin, Urban Development Department Secretary, has been accused of conniving with a well-known builder in the scam related to a realty project at suburban Powai.
The Special Court, on July 2, had asked ACB to probe the complaint against real estate baron Niranjan Hiranandani, who had developed the project, as well as against Benjamin.
An aggrieved, Benjamin moved the HC, saying nowhere in the complaint there are allegations he had misappropriated any money. "Then how can corruption charges be levelled against him," his lawyer Srishailya Deshmukh asked.
Of the two, only Benjamin moved the HC which granted interim stay on portion of the order concerning him. Justice Abhay Thipsay granted temporary stay till July 18 as he has to hear other parties, including police and the state, before deciding on Benjamin's appeal against the Special Court order.
According to the complaint, in 1977, the state had announced Powai Housing Development Scheme for economically weaker sections (EWS), to be implemented over 140 hectares.
In 1986, the State Government signed an agreement with Hiranandani, and handed over 230 acres on an 80-year lease at the rate of 40 paise per acre. The builder was asked to build flats for EWS and sell them at the rate of Rs 150 per sq ft.
However, an inquiry conducted in 2009 revealed that out of the government-sanctioned built-up area, the developer had utilised only a part of it, while the rest was converted into luxury apartments, which were sold at a premium price, the complaint said.