E-Paper
Court orders DEO Pune to de-seal ₹100-crore bungalow on Napier Road
The DEO, Pune circle had sealed the ₹100-crore bungalow on January 12 on account of fraudulent sale of the defence property to the current unauthorised occupiers
Joint Civil Judge Senior Division Yashdeep L Meshram on Tuesday allowed an application moved by Holder of Occupancy Rights (HORs) Mujeeb Abdur Rahman Khan seeking grant of mandatory interim injunction and ordered Defence Estates Officer (DEO), Pune to reopen the lock and seal of Old Grant Bungalow (OGB) Number 22 on Napier Road.
The DEO, Pune circle had sealed the ₹100-crore bungalow on January 12 on account of fraudulent sale of the defence property to the current unauthorised occupiers and seeking building permission from Pune Cantonment Board in the name of the former HOR.
Former HOR Khan through his advocate submitted that the property is Old Grant Class B 3 land and have acquired rights in the property by the registered sale deed dated June 14, 1955. The name of the HOR is registered in General Land Register (GLR) extract and regularly pays taxes.
According to the DEO, Pune records, the HOR category has six names comprising Siraj Abdur Rahman Khan, Saifullah Javed Khan, Nazia Asad Barelvi who is represented by her power of attorney Saifullah Javed Khan, Sarfaraz Javed Khan, Mujeeb Abdur Rahman Khan and Zakia Mushir Alam Barelvi who sold the OGB to two new occupiers Rupesh Suhas Banthia and Vaishali Rupesh Banthia, both residents of Salisbury Park in Gulteki on January 27, 2023 for ₹7.50 crore.
Advocate SK Jain, who represented the HOR, stated that the plaintiffs had not suppressed a single fact from the court. He argued that the court has ample power to exercise its jurisdiction and pass interim mandatory injunction. He told the court that the HOR had replied that they have not executed any sale deed and transfer the occupancy right in the property in favour of any person. Jain added that the very act of DEO putting locks and stopping the work of reconstruction was illegal.
The judge in his order said, “I have gone through pleading and documents filed by the parties. It is to be noted that prior to submitting a building plan dated December 26, 2022, the plaintiff by a letter dated December 2, 2022, informed the DEO that they desire to transfer the occupancy right of the suit property in favour of Rupesh Subhash Banthia and Vaishali Rupesh Banthia. It was further requested by the plaintiffs that they are desirous of transfer of occupancy rights and has not been suppressed by the plaintiffs from the defendants.”
