Maharashtra court acquits MLC Anil Parab in resort corruption case

A special court in Maharashtra's Khed has acquitted Shiv Sena (Uddhav Balasaheb Thackeray) Member of Legislative Council Anil Parab and four others in a Dapoli resort corruption case. [State of Maharashtra v. Anil Parab & Ors.]

In a judgment delivered on May 5, special judge Prasanna S Chandgude dismissed the charges of cheating, forgery and criminal misconduct after finding contradictions in the prosecution's case and a complete lack of evidence of bribery.

The case stemmed from a 2021 complaint by a former Member of Parliament Kirit Somaiya regarding a resort constructed in the Coastal Regulation Zone (CRZ-III) at Murud in Dapoli. 

The Anti-Corruption Bureau (ACB) charged Parab, along with Sarpanch Suresh Tupe, Gramsevak Anant Koli, Circle Officer Sudhir Pardule, and Sub-Divisional Officer Jayram Deshpande.

The prosecution alleged that the group conspired to illegally assess property taxes on an incomplete building and cheated the state by evading stamp duty during the property's sale.

Later, the chargesheet added claims that the accused cheated the State of Maharashtra by paying less stamp duty by intentionally failing to mention the existing construction in two separate sale deeds.

In the 48-page judgment, the Court highlighted severe contradictions in the state's claims. 

Judge Chandgude pointed out the flaw in the prosecution's logic.

"The prosecution on one hand alleged that without there being construction or incomplete construction the taxes were assessed and at the same time it is alleged that sale deeds were made without showing construction," the Court said. 

On the allegations of stamp duty evasion, the Court recognized the concept of dual ownership under the Indian Easements Act, noting that land may belong to one person and the superstructure to another. 

Witness testimony established that the hotel was constructed and funded by Sadanand Kadam between 2017 and 2019. 

"The building was not owned or constructed by Parab… there was no question of paying less stamp duty than required," the Court concluded.

It also dismissed the bribery charges against the public servants. 

The prosecution alleged that some accused officials accepted illegal gratification to grant Non-Agricultural (NA) permissions in a Coastal Regulation Zone (CRZ-III). 

However, the court instead found they had processed the application by calling for opinions from relevant town planning authorities. 

“No witness has been examined by the prosecution to show that gratification was given to the accused. There is no iota of evidence on record that the accused have pecuniary resources or property disproportionate to their own sources of income," the Court held.

Consequently, the Court acquitted all five accused of all charges. 

Special prosecutor MM Jadkar appeared for State. 

Advocate SS Butala appeared for Parab.

[Read Judgment]