ACB Case: Special court rejects discharge plea of Eknath Khadse, family members in land deal

“It is on record that on 10.04.2016, within less than fifteen days from the date of the said agreement, accused Eknath Khadse called for a meeting to discuss the issue of acquisition of land under Survey No.52/2A/2 at Village – Bhosari. It was noted that the land owner was not paid compensation and that the power of attorney holder had claimed compensation as per the current market rate. Accused No.1 observed that it was not legal to allot the land to several persons for setting up industries without completing the land acquisition process and directed that the land be returned to the owner or that compensation be paid to them as per the new Land Acquisition Act…,” special judge S R Navander said in the order. It said that Khadse had admitted in his statement that as a revenue minister he had no role to play in the acquisition of the land. “In such circumstances, holding a meeting to discuss acquisition only in respect of the said land and giving directions to pay compensation to the owner and/or to return possession of the land, though the issue did not relate to his portfolio, was not prima facie to resolve public interest but was an exercise to achieve personal gain or gain for his near and dear ones,” the court said.

In his discharge plea filed through lawyer Swapnil Ambure, among the grounds submitted on behalf of Khadse were that there was no sanction to prosecute him under the Prevention of Corruption Act, arguing that he was then a public servant. The court said that a prior sanction is needed where the public servant is accused of having committed any offence while discharging his official duty. It said that the land in question was acquired by MIDC and since Khadse did not handle MIDC as the minister for revenue, he cannot be said to be performing his official duty and therefore a sanction is not required. The court also said that as revenue minister Khadse was entrusted with powers to protect public interest, but such powers could not have been exercised ‘to gain financial or other undue advantage for himself or his family members’.

“…the accused have made a serious attempt to grab the huge compensation from the government by entering into an agreement with the previous owner of the land. Despite having knowledge of acquisition of the land by the state government and also of possession taken of the land by the government, compensation was claimed and sale deed came to be executed. No doubt, the accused were hand-in-glove in entering into the transaction with a motive to have unlawful gain by cheating the government,” the court said.

The ACB had claimed that the land in question was purchased by Khadse’s family members from one Ukani family, which had gone to court over the acquisition of the land by the government and seeking compensation. The ACB also claimed that the land was purchased much below the prevailing market rate. While the lawyer for the accused had also said that no person had come forward about any losses, the court said that it cannot be a ground to conclude that no offence took place. A separate case was also filed by the Enforcement Directorate (ED).