The High Court recently quashed the complaint filed against NCP (Ajit Pawar faction) leader Chhagan Bhujbal along with his son Pankaj and nephew Sameer and their companies in the case of benami property in 2021.
The Income Tax Department's Benami Prevention Department along with the Benami Property Prevention Department have arrested Bhujbal and his property. Armstrong Infrastructure Pvt Ltd, Parvesh Constructions Pvt Ltd and M/s. A complaint under the amended Benami Property Transactions Prevention Act was filed against Devisha Constructions Private Limited. The Bhujbal family was accused of amassing benami assets under the names of around four dozen fake companies.
Based on this complaint, the Magistrate initiated criminal proceedings against the Bhujbal family on November 17, 2021. Three companies owned by Bhujbal and his family moved the High Court against this decision and sought cancellation of the complaint.
A single bench of Justice R. N. Lajdha recently quashed the complaint and criminal proceedings initiated by the Magistrate's Court against Bhujbal and his family while giving its verdict in the case. The point raised by Bhujbal through the petition that the amended Benami Property Transactions (Prevention) Act cannot be applied with retrospective effect was upheld by a single bench of Justice Laddha citing the judgment of the Supreme Court in this regard. A petition has been filed for reconsideration of this decision of the Supreme Court and it is pending.
Meanwhile, if the Central Government's reconsideration petition is accepted by the Supreme Court and the revised Benami Property Transactions Prevention Act is accepted with retrospective effect, the defendants will have the freedom to resume proceedings against Bhujbal and his family, Justice Laddha has also mentioned in the order.
In 2017, the respondents had issued a provisional notice of seizure to Bhujbal and his family under Section 24(3) of the amended Benami Transactions Prevention Act. Accordingly, Girna Sugar Factory in Nashik worth over INR 80.97 crore, multi-storied building worth over INR 11.30 crore in Santacruz West area of Mumbai was seized. Apart from this, Devisha Infrastructure Pvt in Panvel along with buildings Habib Manor and Fatima Manor worth INR 43.61 crore in the name of Parvesh Construction Private Limited of Bandra West. Ltd. land worth INR 87.54 crore was seized. The defendants claimed that the total value of all these properties is INR 223 crore and their market value is more than INR 300 crore.
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