Pune Property

India Real Estate Ruling – Police Cannot Seize Immovable Property

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MUMBAI: The Bombay high court on Monday ruled that the police did not have the power to attach immovable properties of a person. Under Section 102 of the Criminal Procedure Code (CrPC), they can The said provision of CrPC gives police the power to seize only certain properties that may alleged be or suspected to be stolen.
Justice B H Marlapalle, Justice R C Chavan and Justice Roshan Dalvi ruled that the police did not have the power to seize immovable property. The 173-page judgment stated, “By definition of theft, an immovable property cannot be ‘stolen’. As to ‘finding’ it under circumstances that raise suspicion of the commission of the offence, it is difficult to conceive how an immovable property itself could give rise to such a suspicion.” of commission of offence.” The judgment was passed with a majority of 2:1, with Justice R C Chavan and Justice Roshan Dalvi disagreeing with Justice B H Marlapalle who said the police did have the power to seize an immovable property.
The case issue was referred to the full bench after a division bench of the HC was hearing a petition filed by a developer from Pune, Sudhir Karnataki (51), who sought the release of his property seized by the police following an from the commissioner of police in July 6, 2009. The order was passed based on a compliant lodged by a professor, Yeshwant Vasudeo Natu (63).
The judgment says there have “been several civil wrongs which have been treated as crimes, for which both civil remedies are available… this does not mean civil remedies are abolished or cannot be resorted to, or can be treated as inefficacious”.
“The matter was referred to the three-judge bench after two conflicting judgments of two division benches of the HC were pointed out while hearing Karnataki’s petition,” said his advocate Kunal Cheema.
Justice Marlapalle differed with the other two judges. Though Justice Marlapalle said in a dispute between individuals, the police did have the power to seize an immovable property, in a dispute between private individuals. Where as the other two did agree. not said the police did not have the powersThe court also Sympathizing with the police, the court said, “They (police) are anyway overburdened with criminal matters.” The judgment added, “Convictions in criminal courts in India is miniscule compared to the number of charge sheets filed. There is growing tendency to add to burden of the already inadequate police force. Without augmenting their strength and without enhancing their skills if new kind of work is passed on to them, there would be even more failures.”
The case issue was referred to the full bench after a division bench of the high court was hearing a petition filed by a developer from Pune, Sudhir Karnataki (51), who sought the release of his property, which was seized by the police by an order of the commissioner of police, July 6, 2009. The order was passed based on a compliant lodged by a professor, Yeshwant Vasudeo Natu (63).
The judgment says there have “been several civil wrongs which have been treated as crimes, for which both civil remedies are available… this does not mean civil remedies are abolished or cannot be resorted to, or can be treated as inefficacious”.
“The matter was referred to the three-judge bench after two conflicting judgments of two division benches of the high court were pointed out while hearing Karnataki’s petition,” said his advocate Kunal Cheema.

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Anil Pharande is Chairman of Pharande Spaces, a leading construction and development firm that develops township properties in West Pune. Pharande Promoters & Builders, the flagship company of Pharande Spaces and an ISO 9001-2000 certified company, is a pioneer in the PCMC area offering a diverse range of real estate products catering especially to the 42 sectors of Pradhikaran. The luxury township Puneville at Punavale in West Pune is among the company’s latest premium offerings. Woodsville in Moshi is another highly successful PCMC-based township by Pharande Spaces which is now in its 3rd phase.

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