ABHAY NIGAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have filed the present petition challeing the provisional attachment order dtd. 25/2/2021 passed by Dy. Director, Directorate of Enforcement, Ministry of Finance, New Delhi, against respondent No.3 and seeking release of public amenities such as road, garden, STP plant, club, electricity grid, etc. from the purview of the aforesaid attachment order.

(2.) According to the petitioners, they have purchased the plots in the colony developed by respondent No.3 in the name of "Empire Wild Flower" by investing their lifetime savings. Before purchasing the said plots, the petitioners have got verified all the documents pertaining to the ownership of respondent No.3, diversion order dated 14/7/8 (revised on 9/10/2011); development permission granted by Joint Director, Town & Country Planning dtd. 21/8/2014 (revised on 29/1/2018); registration certificate as colonizer; registration with RERA; and development permission granted by Indore Municipal Corporation on 30/4/2014. Therefore, there was no iota of doubt in the mind of the petitioners in respect of any illegality in the development of aforesaid colony by respondent No.3. According to the petitioners, when they approached respondent No.3 for execution of sale-deed, provisional attachment order dtd. 25/2/2021 came to their notice. Respondent No.3 also informed that respondent No.2 has restrained to execute any sale-deed, but vide order dtd. 21/1/2021 this Court in W.P. No.16452/2020 has granted permission to execute the sale-deed. The petitioners are aggrieved by the order of provisional attachment qua the area available to the public use and amenities like road, garden, STP plant, club, electricity grid, etc. which comes to 72899 Sq.mtrs., hence the present petition before this Court.

(3.) Shri Ravindra Singh Chhabra, learned counsel appearing for the petitioners, submits that respondent No.3 has executed the sale-deeds in favour of the petitioners in respect of the plots situated in the colony viz. Empire Wild Flower Colony, but in the provisional attachment proceedings, only the list of 98 plot-owners were disclosed, therefore, while passing the order of provisional attachment, the total area 18233 Sq.mtrs. has been excluded out of total area of the project i.e. 22,815 Sq.mtrs. But, there is no such pleading to this effect in the entire writ petition.