Anil Bhojwani Vs Initiating Officer (Appellate Tribunal Under SAFEMA Delhi)
Resort Venture in Tribal Land Found Benami – Tribunal Upholds Attachment- “Commercial Deal Also Benami if Benefit Lies Elsewhere, Rules SAFEMA Tribunal
Coram: Justice Munishwar Nath Bhandari (Chairman) & Shri G.C. Mishra (Member)
A batch of four appeals were filed by Shri Anil Bhojwani, Shri Rakesh Jethani, Shri Suresh Kumar Uikey & M/s Oneness Farm & Resorts challenging the order dated 20.10.2023 passed by the Adjudicating Authority confirming the provisional attachment of certain immovable & movable properties under the Prohibition of Benami Property Transactions Act, 1988 (“the Act”) as amended in 2016.
Facts of the Case
The Initiating Officer had attached several parcels of land situated in Village Kohka, Tehsil Kurai, District Seoni (M.P.), which were registered in the name of Shri Suresh Kumar Uikey, a member of the tribal community. The total consideration including stamp duty was about ₹1.62 crore, while the circle rate value exceeded ₹2.92 crore.
The payments were made through ICICI Bank Account No. 099305500224, opened in the name of Suresh Kumar Uikey shortly before the sale. During investigation, the Bank informed that the mobile number & email ID used for KYC of this account belonged not to Uikey but to Anil Bhojwani, indicating that Bhojwani was actually operating & controlling the account.
