Authority: Supreme Court of India
Order Date: 05-10-2026
Case Overview
- Petitioners: Cozy Properties Pvt. Ltd. & anr filed Special Leave to Appeal (Criminal) No.613/2026 against State of Maharashtra & others, challenging the High Court’s dismissal of their petition seeking a CBI inquiry into alleged illegal excavation of their land for the Nagpur‑Mumbai Expressway.
- The petition alleges that respondents No.6 and 7 (companies engaged in the expressway project) excavated land belonging to the petitioners without permission and without statutory approvals under the Mines and Minerals (Development and Regulation) Act, 1957 and the Indian Forest Act, 1927, causing environmental damage.
- The High Court’s impugned order (05‑03‑2025) held that if appropriate evidence is presented, the trial judge should act under Sections 216 and 319 of the Code of Criminal Procedure, 1973, but dismissed the petition.
- Counsel for petitioners argued that the FIR was lodged only under the IPC, omitting provisions of the MMDR Act and Forest Act, and that prosecution cannot introduce additional evidence beyond the charge sheet.
- Respondents argued that the Additional Public Prosecutor had indicated that non‑invocation of Section 23 of the MMDR Act would be examined and a supplementary charge sheet could be filed if required.
Final Outcome
- The Court held the issue of great importance and clarified that any offence under the MMDR Act, Forest Act or other penal statutes must be prosecuted accordingly.
- The State of Maharashtra is directed to investigate the matter, decide on offences against the concerned persons/respondents, and, if necessary, conduct further investigation and submit a supplementary charge sheet before the trial court.
- Petitioners are granted liberty to participate in the trial and adduce evidence concerning the excavation of their land.
- The Court directed the High Court of Judicature at Bombay, Nagpur Bench to dispose of related pending petitions (Writ Petition No.415 of 2020, Crl. Application No.372 of 2020, Writ Petition No.2185 of 2020) within six months; failure to do so will automatically vacate any stay granted in those proceedings.
- All pending applications, if any, are to stand disposed of.
Topics: Legal Dispute, Environmental Regulation, Criminal Procedure