Partly allowed

FPA-PMLA-2632/LKW/2018 of Pramjeet Singh v/s The Deputy Director Directorate of Enforcement, Lucknow

ATFP7 May 2019FPA-PMLA-2632/LKW/2018

Case brief

AI extract

What is this about?

Appellants challenged an eviction notice under the PMLA, submitting their property was unattached unlike the adjacent land of a third party confirmed attached via PAO order. The court set aside the eviction notice regarding the appellants.

What did the court decide?

The eviction notice dated 10.09.2018 was set aside regarding the appellants, but they were directed not to obstruct possession of the attached portion belonging to Shri Narendra Singh.

FPA-PMLA-2632/LKW/2018 of Pramjeet Singh v/s The Deputy Director Directorate of Enforcement, Lucknow — ATFP (2019) — LawSathi Research

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APPELLATE TRIBUNAL FOR SAFEMA, FEMA, PMLA, NDPS & PBPT ACT AT NEW DELHI

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(1) MP-PMLA-5179/LKW/2018 (Stay) MP-PMLA-5150/LKW/2018 (Exem.) FPA-PMLA-2631/LKW/2018

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Manjeet Singh	…	Appellant
Versus
The Deputy Director
Directorate of Enforcement, Lucknow	…	Respondent
(2) MP-PMLA-5151/LKW/2018 (Stay) MP-PMLA-5152/LKW/2018 (Exem.) FPA-PMLA-2632/LKW/2018
Pramjeet Singh	…	Appellant
Versus
The Deputy Director Directorate of Enforcement, Lucknow	…	Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Shri Ram Prasad, Advocate
For the respondent	: Shri N.K. Matta, Advocate
CORAM
SMT. ANANYA RAY	: MEMBER

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ORDER 07.05.2019

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FPA-PMLA-2631-2632/LKW/2018

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The learned counsel for the appellant stated that out of total area

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of Khasra No. 52/4, Village Arcadia Grant, Pargana Kendriyadoon, District Dehradoon only an area of 385.11 sq. mts. belongs to Shri Narendra Singh against whom the PMLA case has been booked. Both the PAO as well as the final order of the Adjudicating Authority has confirmed the attachment of the above said property only. The learned counsel for the appellant further states that their property is within Khasra No. 52/4 but is separate from the above area, and the same has

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FPA-PMLA-2631-2632/LKW/2018

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not been attached and accordingly the eviction notice dated 10^th September, 2018 issued to them by the Assistant Director, Enforcement Directorate, Lucknow is illegal and wrong and needs to be set aside. In response the learned counsel for the respondent states that both PAO and the Adjudication order confirms the attachment of the property of one Shri Narendra Singh for an area of 385.11 sq. mts. in Khasra No. 52/4, Village Arcadia Grant, Pargana Kendriyadoon, District Dehradoon.

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Both the parties agree that the land which belongs to the present appellant i.e. Manjeet Singh & Paramjeet Singh have not been attached in the impugned order which is borne out by the facts of the records.

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Accordingly, I set aside the notice of eviction dated 10.09.2018 so far as it relates to these two appellants i.e. Manjeet Singh & Paramjit Singh. However, directions are given that incase they are in any manner occupying the property belonging to Shri Narendra Singh which is attached, they will neither obstruct nor take any action to obstruct if the authorities take physical possession of that part of the property for which attachment is confirmed i.e. 385.11 sq. mts Khasra No. 52/4 Village Arcadia Grant, Pargana Kendriyadoon, District Dehradoon, pertaining to Shri Narendra Singh. In case they do so then the authorities will be free to take any action as deemed fit.

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(Ananya Ray) Member

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New Delhi, 7t^h May, 2019

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‘D’

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FPA-PMLA-2631-2632/LKW/2018

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FPA-PMLA-2632/LKW/2018 of Pramjeet Singh v/s The Deputy Director Directorate of Enforcement, Lucknow

Case brief

What is this about?

What did the court decide?

FPA-PMLA-2632/LKW/2018 of Pramjeet Singh v/s The Deputy Director Directorate of Enforcement, Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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