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TMI Blog2009 (3) TMI 568X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner has been an Indian citizen, holding an Indian Passport. On 5-11-1999 he purchased a plot situated in Ludhiana at an open auction conducted by the Debt Recovery Tribunal, Jaipur. On 18-2-2003, the Enforcement Directorate, Jalandhar initiated investigation against the petitioner alleging that the plot purchased by him in the open auction is an agricultural plot which the petitioner had purchased by violating the provisions of FEMA. He was summoned and his statement was recorded. On 13-3-2003 during the course of investigation the respondent informed the petitioner that the plot purchased by him fell under industrial zone and hence there was no violation (P.1) of any penal law. In that regard reference has been made to the letter dated 5-2-2003 issued by the District Town Planner, Ludhiana. 3. The letter dated 13-3-2003 (P.1) addressed by the respondent to the petitioner informing him that the investigation against the petitioner was dropped and the action was challenged by M/s. Bicycles Manufacture Corporation, Ludhiana in CWP No. 2977 of 2004 before this Court. In the reply filed before this Court (P.2), the respondents reiterated the stand taken in the letter dated 13-3-2003 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port dated 23-3-2005 of the Tehsildar, Ludhiana (E) informing the Directorate that the plot in question was an agricultural land and that there was no industry at the spot (R.1). The report sent by the Town Planning Department on 22-9-2005 showed that the land in question fell in industrial zone but the Tehsildar, Ludhiana vide his letter dated 11-10-2005 informed the Directorate that according to the revenue entries cultivation of the land in question at the time of auction i.e., 5-11-1989 was vacant but thereafter it has been used for agricultural purposes. No certificate of change of land use under the various provisions of the statute was obtained. Therefore, it continues to be agricultural land. 5. We have heard learned counsel for the parties and have perused the paper book with their able assistance. 6. Mr. Jagmohan Bansal, learned counsel for the petitioner has raised two submissions before us. Firstly, he has submitted that under section 31 of the FERA restriction on acquisition, holding of immovable property in India was imposed on such persons who were not citizens of India. According to the learned counsel the section contemplates that foreign nationals were required ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. Under article 20(1) of the Constitution protection has been provided of ex facto laws. There are two safeguards namely that no one could be punished for an act which was not an offence under the law in force when it was committed and that (ii) no one could be subjected to greater penalty for an offence than what was provided under the law in force when the offence was committed. In order to appreciate the aforesaid issue it would be profitable to read section 31(i) of the FERA which reads thus : "31. Restriction on acquisition, holding, etc., of immovable property in India.-(1) No person who is not a citizen of India and no company (other than a banking company) which is not incorporated under any law in force in India shall, except with the previous general or special permission of the Reserve Bank, acquire or hold or transfer or dispose of by sale, mortgage, lease, gift, settlement or otherwise any immovable property situate in India : Provided that nothing in this sub-section shall apply to the acquisition or transfer of any such immovable property by way of lease for a period not exceeding five years." 10. A perusal of the aforesaid section makes it patent that a person w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Bank : Provided further that no payment of purchase price for acquisition of immovable property shall be made either by traveller's cheque or by foreign currency notes of any foreign country or by other mode other than those specifically permitted by this clause; (b )acquire any immovable property in India other than agricultural land/farm house/plantation property by way of gift from a person resident in India or from a person resident outside India who is a citizen of India or from a person of Indian origin resident outside India; (c )acquire any immovable property in India by way of inheritance from a person resident outside India who had acquired such property in accordance with the provisions of the foreign exchange law in force at the time of acquisition by him or the provisions of these Regulations or from a person resident in India; (d )transfer any immovable property in India other than agricultural land/farm house/plantation property, by way of sale to a person resident in India; (e )transfer agricultural land/farm house/plantation property in India, by way of gift or sale to a person resident in India who is a citizen of India; (f)transfer residential or commerci ..... 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