Bombay HC Orders Immediate Police Protection For Developer After Threats Over Exposing Enemy Property Fraud

Mumbai: The Bombay High Court on Tuesday directed immediate police protection for a city-based developer who allegedly received threats from Pakistan after exposing a major land fraud involving enemy property worth several crores.

Raju Hamirmal Shah, the petitioner, informed the court that he and his family have received threatening phone calls and WhatsApp voice messages from a Pakistan-based number. He claimed the threats began after he raised objections to illegal transactions and unauthorised development on land classified as enemy property under the Enemy Property Act, 1968.

Enemy properties refer to assets left behind in India by individuals who migrated to countries designated as “enemy nations” during times of conflict. These properties legally vest with the Custodian of Enemy Property, a central government authority.

According to Shah, certain developers devised a fraudulent scheme to acquire such land by making enemy nationals execute documents abroad—on foreign stamp papers—which were then used in India to falsely transfer ownership. He alleged that hawala channels were used to route payments to these individuals to bypass legal safeguards and avoid government scrutiny.

Despite submitting detailed complaints to the police and the Custodian of Enemy Property, Shah claimed no action was initiated. He later moved the court seeking registration of an FIR and protection, fearing for his life.

On Tuesday, his advocate Rishi Bhuta submitted an additional affidavit, stating that an application for police protection was filed recently, and a non-cognisable offence had been registered. Public Prosecutor Hiten Venegavkar, on instructions, informed the court that while the application is under process, interim police protection would be provided immediately.

The division bench granted Shah permission to amend his petition to add the Union of India through the Custodian of Enemy Property as a respondent, while issuing notice to the Union. The HC has scheduled the matter for hearing on April 25.

Earlier, on April 10, the court had asked the Mira-Bhayander–Vasai Virar (MBVV) Police Commissioner to look into the “serious allegations” made by Shah regarding illegal dealings in enemy property.