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Discharging the developer, architect and two “sleeping partners” of the development firm accused in the Maharashtra Sadan Case, the court said the facts and evidence clearly indicate that the developer Ms KS Chamankar Enterprises had not committed any irregularity in the transaction. The court said no undue benefit has been given to the developer in the contract.

Four members of the Chamankar family partner Krushna Chamankar, his brother, architect Prasanna Chamankar and two others who the court concluded were sleeping partners in the firm, Pravina Chamankar and Praneeta Chamankar were discharged on July 31.

The court said that at the outset, there is no evidence that Rs 13.5 crore was paid by the developer itself to cabinet minister Chaggan Bhujbal and the NCP leader’s son, nephew, and staffers and their family members, who are accused in the case. “It also appears that undue advantage of Rs 13.5 crores was reached to accused No 1 (Chaggan Bhujbal) and 12 to 17 (Pankaj Bhujbal, Sameer Bhujbal, Tanveer Shaikh, Iram Shaikh and Sanjay Joshi),” the court said.

The court said so far as sending the money is concerned, the developer cannot be held responsible “as there was neither any illegal act nor while doing legal act, illegal means were adopted, which is a basic and essential requirement of the criminal conspiracy.” “Whether the amount of Rs. 13.5 crores received by accused No 1 and 12 to 17 was of corruption or undue advantage or not, is a question of fact, which can be determined on the basis of the relevant materials,” it said.

The case concerns a contract the NCP leader allegedly gave K S Chamankar Enterprises in 2005 without inviting tenders when he was PWD minister. The builder got development rights of a slum on RTO land in Andheri, with the condition that Sadan in Delhi, RTO building in Andheri and a guest house on Malabar Hill be constructed in return. The firm is said to have entered into an agreement with another company for the work and afterwards sold development rights of the RTO land to a construction company. Bhujbal is accused of receiving kickbacks and is booked under Prevention of Corruption Act. It was alleged that as a result of the contract, undue advantage was earned by the developer and losses were caused to the state government.

The court in its order denied payment of furniture work of Maharashtra Sadan, Delhi was made to a company without any negotiation by the developer and thereby a kickback of around Rs 6.03 core has been given to Chhagan Bhujbal. “There is no document on record showing that without putting the furniture in the Maharashtra Sadan, a payment has been made to the M/a Origin Infrastructure Pvt Ltd and said payment reached to accused No 1 (Bhujbal) as kickback,” the court said. It said mere making of payment to the company for furniture work without any negotiation does not lead to infer that kickback was paid.

The court rejected allegations by the prosecution that intentionally, the cost of construction of Maharashtra Sadan and RTO Building and others had been increased to show less profit to the developer.

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