In a landmark verdict, Indore bench of Madhya Pradesh High Court directed SIT chief to take an imprisoned coloniser out of the jail for execution of the pending sale deeds and send him back behind bars after the work is done.
The verdict was delivered by Justice Rohit Arya while hearing a bail application of coloniser Kailash Mandpe.
The court stated that they would hear bail application only after the sale deeds of 17 plot holders is issued.
The matter is related to Vidya Vihar, Natural Valley and Sai Bagh township developed DS Infra, AR Town Developers Company and Bhaiji Developers at Betma, around 35 kilometres from Indore.
The developers had accepted money from people in the name of selling plots.
Counsel of the applicant, senior advocate VK Jain, informed the court that all possible efforts would be made for settlement of claims of allottees who have paid the amount and still plots have not been transferred to their names through registration. There is no cavil of doubt between the parties that total number of plots are 268 in an area measuring 1,90,200 sq ft known as Vidhya Vihar Colony.
By way of registered instruments, plots have been transferred to 153 allottees. He also informed the court that 34 sale deeds have been executed in respect of 34 allottees, details whereof has been handed over to the then SIT chief Amit Tolani for verification as so far the SIT was not handed over the aforesaid docket of 34 allottees.
Jain also stated that sale deeds of remaining 17 more allottees would be executed shortly.
After hearing all parties, the court ruled that the exercise of execution of sale deed be done in three days.
The judge said, “Upon physical verification of 17 allottees, the necessary steps shall be taken in consultation with the registrar stamps for preparation of sale deeds by such allottees and uploading thereof. This exercise be completed by Kankane within 3 days.”
The court said that the SIT chief shall coordinate with the concerned registrar stamps for fixing the date of execution of sale deeds on any date on the following 3 days.
“On the date so fixed, the SIT chief shall coordinate with the jail superintendent, Depalpur jail for taking the applicant Kailash Mandpe in police custody to the registrar’s office where all such verified 17 allottees with their respective witnesses shall remain present,” the judge said.
The judge stated that after the execution of the sale deed, Mandpe shall be sent back to jail. Possession letters, if required, shall also be signed by Mandpe and physical possession of respective plots shall be delivered to such 17 allottees.
The court also directed director of Phoenix Infra Estate International to be present also remain present in the Registrar’s office to sign the documents as witness to the sale deed being director of promoter company.
The court fixed next date for hearing on the application on March 24.