ABHAY NIGAM Vs. UNION OF INDIA

JUDGEMENT

(1.) In this Writ Appeal filed under Section 2 of Madhya Pradesh Uchha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005, the appellants have called in question the legality, validity and propriety of order passed by the writ court in WP No.7819/2021 dated 06.04.2021.

(2.) In nut shell, the appellants' case is that they have purchased plots in Empire Wild Flower Colony through various registered sale deeds and registered agreement to sell. The appellants invested their lifetime savings for purchase of plots after seeking permission of different statutory bodies such as Town & Country Planning, Indore Municipal Corporation, RERA etc. The respondents issued the impugned provisional attachment order dated 25.02.2021 whereby plots aforesaid purchased by appellants were attached. However, no such action was taken against 98 similarly situated plot holders which amounts to hostile discrimination with appellants. As a consequence of attachment of their property, the appellants are deprived to enjoy their property which hits Article 300 A of the constitution.

(3.) Shri R.S. Chhabra, learned counsel for appellants urged that the plots in question were not purchased by using proceeds of crime and, therefore, the provisions of The Prevention of Money Laundering Act, 2002 (for short "PML Act") are not applicable to them. Sec.8 can be made applicable only against the person against whom complaint has been made u/S.5(5) or an application has been preferred u/S.17(4) or 18(10) of the said Act whereas no such complaint or application was preferred by anybody. In this backdrop, alternative remedy was not an absolute bar for the appellants.