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ED attaches land worth Rs 600 crore of Ansal Properties in connection with PMLA case

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The Directorate of Enforcement (ED) has provisionally attached immovable properties in the form of land worth more than Rs 598 crore situated in Agra, Uttar Pradesh, under the provisions of the Prevention of Money Laundering Act (PMLA), 2002, in the case of M/s Ansal Properties & Infrastructure Ltd. (APIL).The ED initiated an investigation on the basis of an FIR dated January 23, 2019, registered by the Central Bureau of Investigation (CBI), ACB, New Delhi, pursuant to the directions of the Supreme Court of India.The FIR was registered under Sections 120-B read with 420 of the Indian Penal Code, 1860 and Sections 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988, against various public servants and private builders/colonisers, including M/s APIL.The case pertains to large-scale irregularities in the acquisition and subsequent release of land in Sector 58 to 63 and 65 to 67, Gurugram, Haryana.The land was originally notified for acquisition under Sections 4 and 6 of the Land Acquisition Act, 1894, for stated public purposes such as development by HUDA and creation of a land bank.However, most of such land was subsequently released in favour of private colonisers through a fraudulent and collusive process, ED probe revealed.Such actions undermined statutory safeguards governing land acquisition and compromised the transparency expected in matters involving public purpose by the state government.The ED investigation under PMLA revealed that M/s APIL entered into collaboration agreements and obtained General Power of Attorneys (GPAs) from individual landowners in respect of land already notified for acquisition.These agreements were found to suffer from serious irregularities, including absence of consideration prior to issuance of Section 4 notification, lack of essential contractual terms, and post-facto alterations.Investigation further indicated that, following the issuance of acquisition notifications by the state government, the notified status of the land created uncertainty and directly weakened the bargaining position of individual landowners.In such circumstances, transfers were facilitated in favour of private colonisers at rates substantially below prevailing market value, resulting in wrongful gain to the company and corresponding financial detriment to the affected landholders.On the basis of such arrangements, License Nos. 18/2010, 21/2011 and 26/2012 were granted to M/s APIL by the Department of Town and Country Planning (DTCP), Haryana, for development of residential plotted colonies over 142.306 acres of land in village Badshahpur, Gurugram.Out of the total collaborated land, 42.751 acres of notified land was released from acquisition proceedings for grant of licences.The licensed land has been utilised for development of projects “Esencia” and “Versalia.” As the land has been fully developed and sold to third-party buyers, it no longer retains its original physical identity.Therefore, to protect innocent homebuyers and avoid disturbance to occupied projects, and as the direct Proceeds of Crime are no longer available, the ED has provisionally attached alternative immovable properties in various villages of Agra, Uttar Pradesh.These properties are held in the names of associate companies and individuals acting on behalf of M/s APIL.The investigation has established that these entities were allegedly created and used as land-holding vehicles, while the entire funding, control and beneficial ownership vested with M/s APIL.The investigation under the provisions of the PMLA, 2002, is under progress.

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