Nagpur: In a significant development, the District Court in Nagpur has sentenced BJP East Nagpur President Sanjay Avchat and Bharat Patel to a simple imprisonment of six months. It has ordered them to pay Rs 1 crore compensation to petitioner Mohanlal Patel in the Wathoda Transferable Development Rights (TDR) case. Two more cases filed by Mohanlal are pending in this 11-year-old case, according to reports.
The order was passed on July 12 and a brief uploaded on the court’s website on Thursday.
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According to reports, the duo has been convicted for the offence punishable under Section 138 of Negotiable Instruments Act-1881 and 255 (2) of Code of Criminal Procedure-1973. Avchat has to pay Rs 40 lakh and Bharat Rs 60 lakh to Mohanlal within one month. In case of a default, the accused will undergo another two months imprisonment, the court order said.
Mohanlal, one of the land owners, gave power of attorney to Avchat and Bharat Patel for obtaining TDR from the Nagpur Municipal Corporation (NMC) on July 2, 2010. On February 11, 2011, 6,428.12 sq mt of land was allotted.
According to Mohanlal, Bharat Patel gave two cheques (Rs 25 lakh and Rs 12.5 lakh) and Avchat one (Rs 25 lakh). The cheques were dishonoured. As per their agreement, the power of attorney was to end in case even a single cheque bounces. Lodging a complaint with the NMC’s Town Planning Department, he requested that the TDR not be issued. When the NMC did not reply, he went to court, Mohanlal said.
Meanwhile, Congress City President and MLA Vikas Thakre asked the BJP to sack Avchat from the party. The state government should take action against those involved in the case as per the inquiry report submitted by the Divisional Commissioner, he said. BJP City President and MLC Pravin Datke said he would comment only after going through the judgement.
The Divisional Commissioner’s inquiry had confirmed irregularities by the NMC and Urban Land Ceiling (ULC) Department in this case. The NMC was supposed to get the land free of cost but got it giving TDR worth around Rs 40 crore.
