Wathoda TDR case: Court sentences BJP neta, 1 more to 6 months in jail

NAGPUR: The district court has sentenced BJP East Nagpur president Sanjay Avchat and Bharat Patel to a simple imprisonment of six months. It has ordered them to pay Rs 1 crore compensation to petitioner Mohanlal Patel in the Wathoda transferable development rights (TDR) case. Two more cases filed by Mohanlal is pending in this 11-year-old case.

The order was passed on July 12 and a brief uploaded on the court’s website on Thursday.

The duo has been convicted for the offence punishable under section 138 of Negotiable Instruments Act-1881 and 255 (2) of Code of Criminal Procedure-1973. Avchat has to pay Rs 40 lakh and Bharat Rs 60 lakh to Mohanlal within one month. “In case of a default, the accused will undergo another two months imprisonment,” the order stated.

Mohanlal, one of the land owners, gave power of attorney to Avchat and Bharat for obtaining TDR from the Nagpur Municipal Corporation (NMC) on July 2, 2010. On February 11, 2011, 6,428.12 sq mt of land was allotted.

Mohanlal told TOI that Bharat gave two cheques (Rs 25 lakh and Rs 12.5 lakh) and Avchat one (Rs 25 lakh). “The cheques were dishonoured. As per our agreement, the power of attorney was to end in case even a single cheque bounces. Lodging a complaint with the NMC’s town planning department, I requested that the TDR not be issued. When the NMC did not reply, I went to court,” he said.

Congress city president and MLA Vikas Thakre asked the BJP to sack Avchat from the party. “The state government should take action on those involved in the case as per the inquiry report submitted by the divisional commissioner,” he said.

BJP city president and MLC Pravin Datke said he would comment only after going through the judgement.

Mohanlal said he will be happy only after the other two cases are decided by the court. “I had made the deal with Krishna Khopde (BJP MLA from East Nagpur). He is is one of the respondents in the civil and criminal cases pending in court,” he said.

Khopde has always denied his role in the case.

The divisional commissioner’s inquiry had confirmed irregularities by the NMC and urban land ceiling (ULC) department in this case. The NMC was supposed to get the land free of cost but got it giving TDR worth around Rs 40 crore.

THE CASE

*5.1 hectare land owned by Chand Mohammed Haji Sheikh Karim at Wathoda

*Owner hands over equal share to 3 sons —Md Afzal, Md Azam and Md Akram — in 1984

*Akram gifts 0.81 hectare of 1.7 hectare share to Shailesh Cooperative Housing Society

*Government reserves 5,142.5 sq.mt of land for fire station in 2000

*ULC declares 7,192 sq.mt land as surplus on September 7, 2002

*ULC sanctions Talegaon Dabhade scheme on this land on July 31, 2006

* NMC was to take over land free of cost

*Legal heirs sell land to Sayyed Ajrar, Pravin Patel, Nanjibhai Patel and Mohanlal Patel on March 3, 2008

* The 4 and society on July 2, 2010 gives power of attorney to Sanjay Avchat and Bharat Patel for obtaining TDR

*NMC allots TDR of 6,428.12 sq.mt worth over Rs 40 crore on February 11, 2011

*Mohanlal asks NMC not to issue TDR as cheques issued by Avchat and Bharat bounce

*Mohanlal files three petitions in district court for dishonor of cheques

*Probe by divisional commissioner reveals various types of irregularities


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