The state registration and controller of stamp department has said that there is no provision to cancel the registered deal in its act, so the ownership of the controversial land in Pune will remain with Khadse's kin only.
The senior BJP leader Eknath Khadse who was forced to resign from the state ministry over the multiple controversy and allegations, is likely to get respite in the Pune land deal case.
The state registration and controller of stamp department has said that there is no provision to cancel the registered deal in its act, so the ownership of the controversial land in Pune will remain with Khadse's kin only.
Dr Ramaswami N, inspector general of registration and controller of stamps told dna that they have only right to charge the stamp duty and registration fees but does not have any right to cancel the deals. "Under the Maharashtra Stamp Act, there is no provision to squash the deal. The cancelling the deal did not come in our purview. In this regard, there are Supreme Court and High Court judgements as well. If the Maharashtra Industrial Development Corporation (MIDC) has any issue and feel that they also own this same land, then they can approach to the court," he said.
Khadse's wife Mandakini and son-in-law Girish Chouddhari had bought the 1.21 ha of land in Bhosari, Pune, for Rs3.75 crore in April 2016 from Ukani's. It was alleged that this controversial land also belongs to the MIDC. In the 7/12 extract, along with Ukani, MIDC's name was later inserted in the record in the other owners criteria.
The Pune-based developer Hemant Gavande, who has registered a complaint against Khadse and his family and asked to cancel the deal and take back the plot. Sources in the registration and controller of stamps department said that the 7/12 extract is important where Ukani's name is mentioned in the ownership column.
"The MIDC ownership was inserted later on and that too was objected by Ukani. There are various supreme court judgements that states that if the government fails to acquire the land or compensate to the original owner of the plot, then de facto the ownership of the land goes back to the original owner only," the source added.
While selling the land, Ukani published the notice in the Pune news paper declaring his intent to sale the land. "Ukani had completed all prevailing procedures before selling the land. Government do imposes various reservations on the private owned lands for recreation ground, play ground, hospital, school, industry, etc. in its development plan. While acquiring the private reserved land, the government authority has to pay the compensation to the land owner and then acquire the land subsequently. In this case, government failed to do both. This land was neither acquired nor paid compensation for the last 40 years. So, the MIDC has no right to claim the ownership," said advocate Anjali Sandhanshiv.
When called MIDC CEO Sanjay Sethi, he refused to comment and said that he has to understand the things first.
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