DILIP LALWANI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Prayer in this petition is for quashing the proceedings arising out of complaint No.ECIR/CDZO/04/2015 dtd. 24/9/2015 filed under Sec. 3 read with Sec. 4 of the Prevention of Money Laundering Act, 2002 'qua the petitioners' as well as the order dtd. 30/6/2020 passed by the Special Judge, PMLA, vide which cognizance is taken in the second supplementary prosecution complaint No.ECIR/CDZO/04/2015 titled as "Directorate of Enforcement vs Smt. Sona Bansal and others", filed by respondent No.2 - Directorate of Enforcement. It is also prayed that respondent No.1 - CBI and respondent No.2 - Directorate of Enforcement be further directed to act in co-ordination and harmony with each other during the course of investigation relating to the cases of sale and purchase of land in Manesar.

(2.) Learned senior counsel for the petitioners has argued that petitioner No.1 is engaged in the business of real estate, commodity trading and stock trading for the last 30 years whereas petitioner No.2 is engaged in food processing and real estate business. It is further submitted that both the petitioners were acquainted with one Lalit Modi for the last about 20 years and he was advising the petitioners to make certain investment in the real estate. On the asking of Lalit Modi, the petitioners have purchased and then sold certain properties in an around NCR Delhi during this period. In the year 2004, the petitioners along with one Raj Kumar Arora and Lalit Modi became promoters of M/s. Sheel Buildcon Private Limited, Progressive Buildtech Private Limited and Ecotech Buildcon Private Limited. All the 03 companies were land owning companies. The shareholding of the petitioners and Raj Kumar Arora was equally divided and the companies were to engage in land aggregation.

(3.) It is stated that Haryana State Infrastructure and Industrial Development Corporation Limited (hereinafter referred to as 'HSIIDC) made a proposal in the year 2004 to acquire the land, in question and the State Government issued a notification dtd. 27/8/2004 under Sec. 4 of the Land Acquisition Act, 1894 (in short 'the Act of 1894'). The notification was for setting up of an industrial model township in village Manesar, Naurangpur and Lakhnoula in District Gurugram, measuring about 912 acres. Later on, the notification under Sec. 6 of the Act of 1894 was issued on 25/8/2005 reducing the proposed acquired land to 688 acres.