'Everyone involved in this transaction must be punished and penalised.'
Maharashtra has been shaken by a major land deal controversy involving Parth Pawar, son of state Deputy Chief Minister and Finance Minister Ajit Pawar.
A 40-acre parcel in Pune's Mundhwa area was sold to Amadea Enterprises LLP (Limited Liability Partnership), in which Parth Pawar and Digvijay Amarsinh Patil are listed as partners, and the sale deed registered.
Though Parth Pawar's name is missing from the Index II of the sale deed, it records purchaser Digvijay Amarsinh Patil as '0 years old' and 'female.'
RTI activist Vijay Kumbhar, in an interview with Prasanna D Zore/Rediff alleges that Sheetal Tejwani, who held power of attorney from 271 villagers, used it to sell their ancestral Mahar Watan land to Amadea LLP for about Rs 300 crore (Rs 3 billion). He claims villagers were misled and paid only token sums, unaware that their signatures would be used to transfer government-owned land.
According to Kumbhar, the buyers, Digvijay Amarsinh Patil and Parth Pawar, both partners in Amadea Enterprises LLP, made no effort to verify the seller's credentials or the land's ownership despite glaring anomalies.
The sale deed mentions an incomplete address for Sheetal Tejwani and lists Amadea LLP partner Patil's details incorrectly. More significantly, the land -- legally protected as Mahar Watan and later abolished under the Bombay Inferior Village Watans Abolition Act, 1958 (external link) -- was misrepresented as being in Mulshi taluka instead of the high-value Mundhwa-Koregaon Park belt.
Kumbhar also alleges that stamp duty worth around Rs 15 crore (Rs 150 million) and taxes totalling Rs 6 crore (Rs 60 million) were wrongfully waived.
Kumbhar maintains that these glaring irregularities were ignored by the sub-registrar's office, which registered the deed without cross-verifying records or obtaining a mandatory No Objection Certificate from the government.
Following public outrage, Chief Minister Devendra Fadnavis has ordered a high-level inquiry -- and as per Kumbhar the department of registration and stamps has also given permission to file an FIR against Tejwani -- describing the case as 'prima facie serious.'
The Maharashtra revenue department, led by cabinet Minister Chandrashekhar Bawankule, earlier suspended a sub-registrar and tehsildar Suryakant Yewale and appointed Additional Chief Secretary Vikas Kharge to head the investigation.
The controversy has placed the Mahayuti government in a difficult spot, particularly the Ajit Pawar-led Nationalist Congress Party faction, given Ajit Pawar's control of the finance ministry, and even the Bharatiya Janata Party whose minister Bawankule is at the helm of the revenue ministry.
Ajit Pawar said he warned his son against the deal -- a claim that surfaced only after the controversy erupted, drawing public scepticism.
"Indubitably it constitutes a criminal act. You are defrauding the government, misappropriating government land, and evading taxes," says Vijay Kumbhar.
What was the most serious oversight in this registration?
The most shocking aspect is that the 7/12 extract (showing the ownership of the land) itself explicitly mentioned 'Government of Mumbai' as the possessor, yet the registration proceeded without mandatory verification or a No Objection Certificate.
The sub-registrar's office registered the deed without any scrutiny whatsoever. Subsequently, the collector also confirmed that this land remains in government possession. Nobody examined these critical documents.
When the matter came to light, the authorities suspended one sub-registrar. They have essentially confessed that wrongdoing occurred.
The government has finally acknowledged all of this. Truth is finally surfacing.
Were any mandatory taxes paid on this transaction?
While suspending these officials, the government stated that, forgetting the Rs 21 crore for a moment, one per cent metro tax and one per cent local body tax were compulsory. They have remitted neither.
The registration nevertheless proceeded. Moreover, they disclosed nothing regarding government ownership of the land. They purposefully concealed that this was government land.
Would you characterise this as a criminal act?
Yes, indubitably it constitutes a criminal act. You are defrauding the government, misappropriating government land, and evading taxes.
Government land is being sold, and the government remains unaware that the sale is transpiring. How can such a transaction occur? That is precisely what I am questioning. This was no mistake -- they collaborated to perpetrate this fraud. The government itself is party to this criminality.
Under what circumstances, if any, can ownership rights for the Mahar Watan land be legally transferred?
There exists no legal provision to reconvert land once it has vested in government possession. Land owned by the government cannot be purchased or sold under any circumstances -- no exemptions exist.
Even when all permissions have been secured and tenders floated, that procedure must be followed. However, they have circumvented this procedure entirely. They are obliged to invite suggestions and objections from the public before proceeding. None of this was done.
Based on your understanding and findings, what specifically did Parth Pawar or his associates do wrong?
Everything. They perpetrated every conceivable wrong. These are persons residing in Maharashtra with access to abundant consultation. His father serves as finance minister and the state's deputy chief minister. They possess all the resources and personnel who could have guided them properly. Yet they declined to seek such assistance and proceeded with this land transaction regardless.
Do you believe Deputy Chief Minister Ajit Pawar had prior knowledge of this transaction?
Listen, suppose I am a distinguished person in Pune or Maharashtra. When my son approaches anyone -- irrespective of whether he has attained majority -- they know he is my son. Whether I telephoned them or not is immaterial.
The question is: Could Ajit Pawar have possessed knowledge of this deal? Only today, he declared that he had some awareness of this matter and that he had instructed his son not to proceed. They dare to undertake such actions because they must have executed similar transactions previously.
An official has been suspended in connection with this matter.
They are small scapegoats. The genuine culprits remain beyond their reach because they dare not touch them. This should not be the only case investigated.
The entire machinery -- from the chief minister, all ministers, to sub-registrars, revenue officers, and the finance minister -- everyone must be held accountable.
Essentially, this transaction relates to the revenue department, though the finance minister and revenue minister are distinct offices. Revenue does not fall under finance jurisdiction.
Chief Minister Devendra Fadnavis has ordered an inquiry. Is this a genuine attempt at accountability?
I heard his statement about calling for documents and so forth. Vijay Kumbhar possesses all the documents. What is required is merely to access the (government) Web site and examine those documents directly.
Have you obtained documentary evidence establishing the land's status?
These documents reside in the public domain. They are available on the Web site of the inspector general of registration. I obtained them from their official portal. Numerous documents exist in the public domain, yet we fail to scrutinise them.
Could you enumerate the alleged wrongdoings in this episode?
I cannot identify a single action that was executed correctly. Everything is wrong. If you seek serious issues about this matter that should shock Maharashtra, consider these:
First, government land was sold -- nobody dares to touch government land under ordinary circumstances.
Second, they claimed all procedures had been complied with, which demonstrably did not occur.
Third, they asserted they had secured permission under the ITES policy for stamp duty waiver. However, I observed that they initially applied for the ITES policy and subsequently, before registering the document, applied for that registration. How can this transpire when you do not possess the land?
Fourth, they showed this land is situated in Mulshi taluka when it is actually located in Mundhwa, Koregaon Park -- a prime location.
Fifth, while the market value assessment documented was Rs 300 crore, stamp duty totalling Rs 21 crore was payable -- comprising five per cent plus one per cent local body tax plus one per cent metro cess. Even assuming the primary duty was waived, the one per cent local body tax and one per cent metro cess, totalling Rs 6 crore in stamp duty, could not have been exempted. Thus, manifest losses in stamp duty occurred.
Who initially exposed this wrongdoing?
This was first revealed on a news channel, though they could not properly compile or address it. They invited me to participate, whereupon I secured all the documents and exposed the matter comprehensively.
Would you characterise this as a forgery case?
Forgery constitutes a distinct offence where documents are tampered with. However, you can definitively describe this as a cheating case.
Who should face punishment?
Everyone involved in this transaction must be punished and penalised. You are obliged to hold responsible those under whose influence these government officials permitted this transaction to proceed -- that would be Parth Pawar's name and connections. The entire administrative apparatus facilitated this deal.
Should Ajit Pawar assume moral responsibility and resign?
Have you heard, in recent times, of any politician accepting moral responsibility? Therefore, what I articulate carries no weight. They will not accept responsibility in any manner. They will merely declare that they are not directly responsible, that 'my son is a separate entity,' and thereby distance themselves from this transaction.