Firoz.T.Totanawala
The Bangalore Metro Reporter
15th January 2011-
HOW TO MAKE MONEY IN BBMP
AKRAMA-SAKRAMA ILLEGALLY IMPLEMENTED IN BBMP
OFFICIALS RAKE IN MOOLAH WHILE BBMP SUFFERS LOSSES
Legally and
technically the Akrama-Sakrama Scheme is yet to become the law and lakhs of
people are already waiting for its implementation. However, many do not know
that Akrama-Sakrama is already being implemented in many BBMP zones on
producing bribe Money. If one is prepared to pay the ‘demand’ of BBMP
officials, one can get their illegal unauthorized properties regularized by
getting the BBMP khata. The cash strapped BBMP has already suffered loss of
revenue to the tune of hundreds crores of rupees by this illegal Akrama-Sakrama
scheme being introduced, on the sly, by few BBMP officials.
EXAMPLE 1
Take a look at the
affidavit by one Sivani, co-owner of Global Associates, which owned 22 acres of
land in Kothanur and Raghuvanahalli villages. The affidavit clearly states that
this is in regard to registration of Khata for the above lands. The content of
the Affidavit is very clear. As the BBMP is not accepting betterment charges, the
company undertakes to pay the same, if BBMP levies the charges. And the reason
for the affidavit is also clear. It concerns the registration of Khata in
respect of the lands in Raghuvanahalli and Kothanur to an extent of 22 acres 3
guntas!
On the face of it,
the company can not get the khata registered from BBMP as on now. It can
register the khata only under Akrama-Sakrama scheme which is yet to be
implemented. But there is also a provision to pay the betterment charges to the
BBMP at the rate of Rs. 600 per sq mtr, if the entire land is one complex unit
and converted. In the present case, even if the company is permitted to pay the
betterment charges, it has to pay Rs. 6.50 crores to the BBMP.
But the company was
not prepared to pay this much amount to the BBMP as it has its own design.
Instead of paying the huge sum, it booked the ARO, RO , DC
EXAMPLE 2
Take the case of Upkar
Residency in Ullal. It formed a BDA layout consisting of around 300 sites for
which BDA has given khatas and now, they have BBMP khatas as well. But the same
Upkar Residency has formed another 1000 sites on the converted lands and sold
it to the purchasers. Legally this layout on converted lands is illegal as it
has no layout approval from BDA. But, as the owners have already sold the
sites, the BBMP can not collect the betterment charges even if the lands are
converted. The BBMP can collect betterment charges only for the entire
converted lands in one go provided the lands are in one compact area. As it has
been divided into sites, there is no way for BBMP to collect the betterment
charges. The site owners can get the khata only under Akrama-Sakrama Scheme
which is yet to become the law.
Interestingly half
the layout in converted lands comes under the jurisdiction of ARO of Kengeri, and
the other half is under ARO of Herohalli. While the ARO of Kengeri has refused
to affect khatas to the sites coming under his limits, the ARO of Herohalli, is
affected the khatas again by taking the similar affidavits from the site owners
who undertake to pay the betterment charges in future if the BBMP levies the
same. So, half the layout has BBMP Khatas and the other half are not lucky. The
ARO charges a cool 25,000 thousand for 30x40 and 40,000 for 40x60 sites for
affecting the khatas.
In fact, these sites
can be regularized only under Akrama-Sakrama Scheme. The average betterment
charges under the proposed Akrama-Sakrama Scheme will be around 1.5 lakhs for
30x40 and 3 lakhs for 40x60 sites. Higher the size more will be the betterment
charges. If the average betterment charges are taken into the account, the BBMP
would earn at least 30 crores from this layout itself. But the hard fact is
that half the sites already have BBMP Khatas affected on the basis of
affidavits. And it is definitely possible that tomorrow the officials may easily
remove the affidavits and the files from the record. There is no way the BBMP
can build the duplicate files. But there is the property register in this
regard and the entries are the only evidence. So, the people whose sites have
been given khatas on the basis of affidavits can have a last laugh as they need
not have to regularize their sites under Akrama-Sakrama scheme. All that they
spent is some 25 to 50 thousand rupees bribe to the ARO. The other halves,
which are under ARO of Kengeri, will have to curse their fate. The BBMP will be
losing almost 15 crores while its ARO becomes richer by few crores!
It is another matter
that the officials get the parties to pay betterment charges caring two hoots
for the rule of the law. The payment of betterment charges and affecting the
khata makes the title ‘pucca’ as far as its marketability is concerned is a
myth. If all the legal formalities are observed and the khata is affected, one
can be sure of the legality of the title. But nobody cares about this important
aspect. All they want is the proof of betterment fee and the khata.
In one such case in Begur,
almost 20 crores were paid by a developer without following legal formalities.
The developer was in hurry to create BBMP documents for his 60 acres in Begur.
The then Joint Commissioner in Bommonahalli Zone, Shekarappa was instrumental
in this murky deal. However, the Joint Commissioner has no powers to order for
betterment fee collection. It is either the BBMP Commissioner or the Urban
Development Secretary who have the powers to do so.
EXAMPLE 3
The Akrama-Sakrama
Scheme being illegally implemented in Whitefield shows the ease in which the
officials do criminal acts like fabrication of records. The ARO had made crores
along with Revenue Inspectors.
THE MODUS OPERANDI
The modus operandi
here is very simple and straight forward. Whitefield was merged with BBMP and the
village coming under this sub division had their property registers handed over
to BBMP. The entries in Form-9 register (Gramathana Properties) were
transferred to BBMP register and all the entries in BBMP register acquire
legality and khatas. Both Form-9 and BBMP registers are with the ARO. If any
person wanted his revenue property to be regularized by getting the khata, he
has to clinch the deal with the ARO and the Revenue Inspectors. Once the deal
is clinched, they will engage the services of the village secretary who was
working in the village before merger with BBMP and make the entry in the BBMP
register. So, the property however big it may be, gets BBMP ‘image’ without
spending a pie under Akrama-Sakrama Scheme. The ARO and Revenue Inspectors have
thus made a fortune which can last for generations.
EXAMPLE 4
In case of Ullal in
Kengeri Sub Division, the racketeers follow the modus operandi with a slight
difference. The village property register (Form-9) handed over to the BBMP by
the Kodigehalli Panchayat Secretary contained only 115 entries. The register
should be with the case worker but the RI obtained the register on some pretext
and kept it with himself. He along with Tax Inspector then made illegal entries
in the Form-9 register in respect of almost 200 revenue properties and these
illegal entries were repeated in BBMP register. For any lay man, the original
entries in the Form-9 attested by the panchayat Secretary at the time of
handing over to the BBMP and the entries made after the serial number 115,
appears different. Even the hand writing difference is clearly evident. There
are ‘fabricated’ entries to properties measuring more than 10 thousand square
feet. Many entries were given to revenue layout sites too. Crores have been
lost to BBMP through these criminal acts of BBMP officials.
.
The then Commissioner
Bharat Lal Meena also ordered a thorough enquiry into the Ullal scam, on
complaints. But except seizing the records and later handing it back to ARO of
Kengeri, no action was taken. The Additional Commissioner of RR Nagar Zone is also
neck deep involved in the scam. It is another matter that ARO himself had
ordered khatas to villa sites near kengeri. Interestingly, the order was passed
without processing the files and it is learnt that the ARO was gifted one
‘villa’ for this illegal favour.
If the fabricated entries
in Ullal village were to be regularized under Akrama-Sakrama Scheme, the BBMP
would have earned at least 25 crores! While the BBMP lost heavily, the
racketeers became richer by few crores.
The above are only
the tip of the iceberg. There are similar scams in all the 110, villages merged
with the BBMP. The Zonal Commissioners, Deputy Commissioners, ROs, AROs, and
Revenue Inspectors have made BBMP to loose hundreds of crores. There is
absolutely no control of the top brass in the BBMP over the Zonal offices and
officials. One can imagine the prevailing situation by the fact that despite the
then BBMP Commissioner’s order of enquiry and subsequent seizure of the records
in Ullal village, nothing came out. The records were returned and the only
punishment was the transfer of officials, that too, to more fertile places. The
enquiry is not yet taken off. In fact, there was a move to conduct a survey to
identify a revenue pockets and the Gramathana. But the survey is yet to start. There
is hardly any hope of the enquiry and the justice in the near future.
Arguably, the Government
may introduce the Akrama-Sakrama bill in the assembly only during the next
session. One can expect the bill to become a law only in June-July. But the
unscrupulous and unimaginable corrupt officials in BBMP have already enforced
the Akrama-Sakrama Scheme illegally and fraudulently since two years and
inflicted massive losses to the BBMP to the tune of hundreds of crores and
enriching themselves in the process.
Unless the entire
fraud is probed by a special cell consisting of dedicated officials, there will
be no end to this fraud.
No comments:
Post a Comment