TARACHAND PATIDAR Vs. SPECIAL POLICE ESTABLISHMENT

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 17 of MP Vishesh Nyayalaya Adhiniyam, 2011 (hereinafter for brevity will be referred to as 'the Act') against the order dated 05.10.2018 passed by the learned Special Judge (Authorized Officer), Indore in Special Case No.05/2014, whereby the application filed under Rule 10(7) of Madhya Pradesh Vishesh Nyayalaya Niyam 2012 has been dismissed.

(2.) Brief facts of the case are that the appellant is facing criminal trial under Section 13(1)(e) of Prevention of Corruption Act, 1988 (hereinafter referred to as the Act of 1988) for possessing disproportionate assets. The relevant check period was from 01.02.1982 to 31.08.2010.

(3.) The proceedings were initiated under the Adhiniyam of 2011 for confiscating the properties acquired during the check period and special case No.05/2014 under Section 13(2) of MP Special Courts Act, 2011 is pending before the Authorized Officer (Special Judge). In the confiscating proceedings, two immovable properties of the appellant situated at Mandleshwar and Indore were valued by the Engineers of Public Works Department (PWD). This valuation has been termed as exorbitant by the appellant who employed a Government registered valuer and who in his report has scaled down the valuation to the extent that the valuation of house situated at Indore valued at Rs.30,85,408/- has been scaled down to Rs.23,43,000/-and that of house at Mandleshwar from Rs.2,18,784/- to Rs.1,83,995.