While the ED has issued notices to foreigners who have purchased properties in Goa violating Forex rules, a lawyer representing some of them has questioned confiscation of the properties, despite allowing them to appeal in higher courts. "These are foreign nationals and they cannot run away with the land and buildings. I cannot understand the urgency to bypass the judicial process of review, specially when the liberty of judicial review has expressly been granted by the Enforcement Directorate (ED)," advocate Vikram Varma said.
Verma is representing several Britishers and Russians in these cases before the ED.
In every case of confiscation, the ED has expressly given the liberty to appeal on payment of penalty.
Such a liberty affirms that the order of the ED is not final and is subject to judicial scrutiny, he said. "If the ED cannot wait for a judicial decision on the matter then there was no reason for a system of appeal in place," he said.
Government statistics reveal that 438 cases of foreigners violating Foreign Exchange Management Act (FEMA) to buy properties are being investigated by the ED. Of these, 12 cases have already been ordered for penalty and confiscation.
Goa Chief Minister Manohar Parrikar had yesterday said that the government would move to the concerned authority seeking leniency for senior citizens and those small structures which are old from the purview of confiscation.
The government said that it will request that these cases should be disposed of by levying penalty. The ED currently has imposed a penalty ranging from Rs 3-20 lakh on foreigners, depending upon the case. Varma said none of his clients has purchased agriculture property, which is a major violation in the state.
"But this (whether the property was agricultural) has to go through a judicial scrutiny. Both my clients and the ED should wait patiently till the courts decide on the matter," he added.
