Excelsior Correspondent
JAMMU, Apr 8: High Court of Jammu & Kashmir and Ladakh has stayed the PMLA proceedings against Hotel Trinetra Resorts.
The order has been passed in a petition filed by Shakuntla Devi and others seeking quashment of the EC1R/JMSZO/02/2021 dated 13-12-2021 being ultra vires the Prevention of Money Laundering Act, 2002, illegal, without Jurisdiction and nonest in law.
During the course of hearing, Advocate Vishal Kapoor submitted that in a writ petition with respect to illegal constructions being raised in Patnitop area titled “Harcharan Singh Vs. State of J&K & Others”, High Court directed the CBI to register FIR and Investigate the manner in which the building permissions and licenses have been granted within the jurisdiction of the Patnitop Development Authority and examine aspect of encroachment on forest land and other public land; illegal change of use and misuse of the land in violation of the permitted user; raising of illegal constructions; failure of the authorities to take action; fix the responsibility of the persons who were at the helm of affairs, were duty bound to and responsible for their taking action.
On these directions FIR bearing number RC0042020A0003 dated 01.08.2020 was registered by CBI, ACB, Jammu under Sections 5(1)(d) and 5(2) of J&K PC Act, Section 120-B, 409 of Ranbir Penal Code, Section 6 of J&K Forest Act, 1987 and Section 95 of J&K Electricity Act against 8 officials of PDA and 59 owners/Directors of the Hotels/Guest House/Resorts/ Cottages/Residences respectively.
He further submitted that around seventy five persons who were owners of 59 Hotels/Resorts/Guest Houses/Cottages/Residences falling in Patnitop Area were made accused in the FIR. In this backdrop, ECIR (Enforcement Case Information Report), bearing number ECIR/JMSZO/02/2021 dated 13.12.2021 was recorded by Enforcement Directorate and provisional attachment orders were issued against two hotels in Patnitop.
Main allegations against the hotel owners was violation of building permission and raising excess construction which was not demolished by PDA as they were hand in glove with violators.
After hearing Advocate Vishal Kapoor appearing for the petitioners, Justice Sanjay Dhar observed, “FIR registered against the petitioners is restricted to the alleged violation of building permission by the petitioners while raising construction of their hotel situated at Patnitop, as such, it cannot be a case of money laundering so as to give rise to proceedings under Prevention of Money Laundering Act”.
“It has been further contended that the demolition order in respect of the alleged unauthorised portion of construction raised by the petitioners stands quashed by the Tribunal, as such, there was no reason for the respondents to proceed against the petitioners”, High Court said while issuing notices to the respondents.
CGSC Rohan Nanda waived notice on behalf of the respondents and sought time to file reply. The High Court granted time to CGSC to do needful by or before the next date of hearing and ordered that subject to objections from the other side and till next date of hearing before the Bench, proceedings in the impugned ECIR shall remain stayed qua the petitioners.
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