In various fields of Civil Engineering, Town & Country Planning or Development Control Regulations (DCR), plenty of allegations on persons involved several times lead to legal matters including Criminal Offence. Persons involved face judicial custody as well. The issues are dealt by Advocates, Counsels or Senior Counsels before Investigating Agency / Officer or in court of law for bail or dismissal. But there is wide gap in their understanding and facts. Facts i.e. Technical points are required to be explained as Legal points. Engineer or Architect most of the time fail to present the facts in Legal manner and the case weakens.
The facts or Technical points are required to be converted into legal points and then Legal Advisors can put fullest efforts for the justice. This conversion of Technical points to Law is done by Techno Legal Consultant. It is simply conversion of Facts or practices to Legal language.
Case 1
Sara-Sahara
year: 2003-2007
In case of Developement of Sara-Sahara in Mumbai city, town planning i.e. Building Proposal officers were charged under supporting development of “Benami (un-named)” property supposed to be owned by some relative of Dawood Ibrahim. The officers were charged under sec. 304(Part II). The case was defended by lawyers in Sessions and City Civil Courts. But couldn’t succeed. In High Court at Mumbai, case was supported by Techo-Legal experts. Experts presented various provisions in regulations and Acts which were of technical nature. The Techno-Legal expert was involved at late stage but all points helped during arguments to get long awaited bail, after about 18 months.
The Details provided were used in arguments for Discharge of one of the accused and he was acquitted in the year 2007
Case 2
Babu Genu Market
Year: 2013
Thirteen persons, including twelve from MCGM, were arrested in collapse of residential building of Babu Genu Market (killing 61 occupants) owned by Municipal Corporation of Greater Mumbai (MCGM). Two Engineers of MCGM couldn’t get bail for four months and lost bail applications in Sessions and City Civil Courts in Mumbai. Their advocates were guided by the Engineers. Matter reached Bombay High Court in appeal. It was assisted by us as Techno Legal advisor. Matter went on for about a month with 6 appearances. Chief Public Prosecutor personally defended for Investigation side and State of Maharashtra. However couldn’t stand against Techno Legal support to Senior Counsel and bail was granted. The case against Mahendra Patel was defended by us and is now quashed by Hon High Court.
Case 3
Dharwad Building
Year: 2019
At Dharwad in Karnataka, 19 people lost life in collapse of building. Seven technical persons from Government and Hubli Dharwad Municipal Corporation were arrested. Later, one Engineer was interrogated by IO, who had furnished Post Tensioned slab design to vendors. He tried arguments before Investigation going beyond Techno Legal advise. He was arrested. Later the Techno Legal advisor assisted before Dharwad Court and bail was granted. Techno Legal advisor has advised him and given Techno Legal assistance for quashing the allegations, charges of Investigation and State of Karnataka. The case against him is quashed by the Hon High Court
year: 2013-2019
One of the leading real estate developers in Mumbai received notice from Municipal Corporation for unauthorised work of their Head Quarters office. They moved City Civil court. We advised that City Civil court doesn’t have jurisdiction and move High Court Court. Two weeks later City Civil court dismissed matter with the grounds that they have no jurisdiction and granted injunction to authority’s notice of four weeks. In house team approached Sr. Counsel with their legal advisor for moving High Court. Sr. Counsel opined that no case stands. He advised to go ahead with demolition of the office building. We discussed with Sr. Counsel on Techno Legal points and within 14 Hrs., Writ Petition was filed. Later, order is passed in favour of the developers.
Case 4
Building Regularisation
year: 2019
One Himalaya foot over bridge collapsed at Mumbai taking seven lives. Engineers from MCGM and Consulting Engineers were arrested and were charged under sec. 304 (Part II) amongst other. The bail application was defended by lawyers with the help of Engineers in Sessions and City Civil Courts, but no relief. While matter was before High Court, Techno-Legal experts assisted with several provisions of different codes which stipulated limitations on Bridge Engineer. The points were accepted by the High Court to grant bail after 8 months.
Case 5
Himalaya Bridge
CASE 6 YEAR: 2022
RNA Imperial Court Consent
Buyers of flats in proposed building RNA Imperial, a development by RNA at Kandivali in Mumbai, moved High Court as builder did not hand over possession of flats as agreed. It was necessary to file consent before the court. Advocate for them advised to appoint Project Management Consultant for guiding on technical points. PMC in turn advised for Techno Legal Consultant. After study, about 40+ new different points for consent were recommended by Techno Legal Consultant. Most important point was loan extended by Bank was bad in law and hence could not be insisted to repay from buyers requesting consent.
CASE 7 YEAR: 2024
RERA / MOFA Case
Buyers of flats in proposed building Sunteck City, a development at Oshiwara District Centre in Mumbai, moved Maharashtra Real Estate Regulatory Authority as builder did not deliver the committed amenities and also used potential of the buyers. They needed case to be duly supported. The task of identifying changes in commitments and amenities was done. New strong points were identified. Flaws in approvals were also pointed out. Approvals in contravention of other Acts were identified. The claims were identified in tangible manner and quantified.