99% shareholder not responsible? HC asks why Parth Pawar spared in land deal probe

The Bombay High Court on Thursday questioned the Maharashtra government over the investigation into the Mundhwa land deal, asking why NCP Rajya Sabha MP Parth Pawar was not treated as a beneficiary and initiate probe against him when he holds a 99 per cent stake in the firm that purchased the 40-acre government-owned plot at a heavily discounted price.The court raised the issue while granting pre-arrest bail to Pune Tehsildar Suryakant Yewale, who has been named as an accused for allegedly misusing his official position to facilitate the transaction. Yewale has denied any role in the alleged irregularities and said he has been falsely implicated.A single bench of Justice Madhav Jamdar noted that while a person holding a 1 per cent stake in the company had been made an accused, the investigation had not treated Pawar, who holds 99 per cent, as a beneficiary of the transaction.The court had last month sought a response from Maharashtra Director General of Police Sadanand Date after Yewale, in his anticipatory bail plea, argued that Pawar had not been named as an accused despite his stake in the firm, Amadea Enterprises. In an affidavit filed before the court, Date said there was a need for a more professional and detailed investigation and that instructions had been issued to the Pune Commissioner of Police to conduct a further probe.The court accepted the statement but questioned the approach of the investigating agency. Justice Jamdar orally observed, "Many things are shocking, sir. What is shocking is that the investigating officer has filed an affidavit stating that the person with 99 per cent is not responsible but the person having a 1 per cent share is responsible."The bench further questioned whether Pawar, as the 99 per cent shareholder, could not be considered a beneficiary of the transaction."Mr Parth Pawar will not be beneficiary of this huge government land? What is the cost of land? How huge is it? The person with 99 per cent share in the LLP (company) and what is the affidavit of the Investigating Officer that he is not aware about the transaction?" the court asked.The court also questioned who would have benefited had the transaction gone through.When the public prosecutor submitted that the LLP would have benefited, the court asked, "So who would have benefited? The person with 99 per cent share or the person with 1 per cent share?"The bench further observed, "If 99 per cent person shareholder is not responsible, then it must be the Tehsildar, who passed the quasi-judicial order."Pawar is a Rajya Sabha MP and the son of Maharashtra Deputy Chief Minister Sunetra Pawar. He is a majority partner in Amadea Enterprises LLP and also a director of the company.According to the FIR, the Mundhwa land was classified as Mahar Watan land and was leased to the Botanical Survey of India. The 40-acre parcel was sold to Amadea Enterprises for Rs 300 crore, allegedly without the mandatory government approval.The transaction came under scrutiny after the sale of the government-owned land at a value substantially below its actual value. The firm was also allegedly exempted from paying Rs 21 crore in stamp duty.The investigation has named Yewale as an accused for allegedly misusing his official position to facilitate the transaction. He has denied the allegations.In July, a Pune civil court ordered the cancellation of the sale deed relating to the Mundhwa land transaction.On Thursday, while granting pre-arrest bail to Yewale, the Bombay High Court also questioned why the investigation had not treated Pawar as a beneficiary despite his 99 per cent stake in the firm that purchased the land.- Ends