The Bangalore Metro Reporter: 2012

Tuesday, 18 December 2012

WHO WILL BELL THE CAT? IS CHIEF MINISTER’S SON ABOVE LAW? WILL BDA PROSECUTE HIM? 15th January 2011

By Firoz.T.Totanawala
The Bangalore Metro Reporter 15th January 2011

WHO WILL BELL THE CAT?
IS CHIEF MINISTER'S SON ABOVE LAW? WILL BDA PROSECUTE HIM?

The Land allotment scam that shook the BSYedurappa's Government forced him to instruct his family members to surrender the allotted lands to them. His eldest son BYRaghavendra who is a Shimoga MP, also surrendered his prime site measuring 50ft x 80ft allotted to him in the posh locality of Sadashivnagar area of Bangalore .

THE CHEATING
In the year 2009, Raghavendra, reportedly gave a false affidavit to the BDA, stating that he does not own any property in the city limits, in order to get a “stray site” of BDA allotted to him. The Chief Minister BSYedurappa then made the allotment to his son; a 50 ft by 80 ft plot in the posh RMV II stage (survey number 25/2 of Nagashettyhalli). Raghavendra at that time already owned half an acre of land at KRPuram registered on his name in 2006. The BDA plot was allotted under the chief minister's discretionary 'G' quota, meant for people who achieve eminence in their respective fields but do not own residential property.

THE CHARITY
Later due to immense public outcry after Yeddyurappa was accused of nepotism for allotting BDA sites worth crores of rupees for a peanut amount to Raghavendra, his sister BS Premamma, and two other close relatives in prime localities of Bangalore, the Chief Minister instructed his relatives to surrender the allotted lands.

THE LAW
According to the rule, it is mandatory for the applicant to submit an affidavit swearing that he or she does not own any agriculture, commercial or residential property in Bangalore metropolitan area limits to the BDA, before the allotment of site.

It should be noted that the affidavit is a legal document that must be true for its relevance in a legal case. A false affidavit becomes irrelevant to the case and also may result in proceeding of legal action against its submitter.

Swearing to false facts on the affidavit is an offence punishable under Section 177 of the Indian Penal Code. According to the law, the guilty may attract imprisonment for a period up to six months or a penalty of Rs 1,000 or both. Besides, the BDA rules also state that if any applicant gets allotment of the site by filing a false affidavit, the site allotted should be withdrawn and the amount paid by the applicant shall also be forfeited.

Para 4 of the affidavit for applicants clearly states that “If the information I have furnished in the declaration is found wrong, the BDA can withdraw the site allotted to me without offering me compensation.”

FORGET THE LAW

However, the authorities have openly sidelined the law in the case of Chief Minister's son. The BDA accepted the letters to take the back the possession of the sites and refunded the deposits. A cheque for Rs Nine lakhs was returned to Raghavendra for his 50X80 sq ft site in RMV extension.

OTHER CHARITIES BY THE CM
Other lands allotted to the relatives of the Yedurappa that were returned back includes-
A two-acre prime industrial plot at Jigani Industrial Estate was surrendered by Raghavendra and his brother Vijayendra.

Yedurappa's daughter Umadevi returned to KIADB, two acres of industrial land allotted to her Candor Company near Harohalli and another two acres of land near Harohalli allotted to Ficom Engineering owned by Umadevi.

Fluid Power Technology Company also surrendered the two acres of land allotted to it. Mr Vijayendra and Mr Raghavendra are on the board of directors of the company.

Yeddyurappa's sister and her son and daughter-in-law too surrendered two residential plots at Chandra Layout in Bangalore west.

Similarly, BS Premamma, Raghavendra's sister, surrendered a 50X80 sq. ft plot in HSR Layout. Mr Yeddyurappa's nephew SC Ashok who owned a 40X60 sq. feet plot in Chandra Layout and Mr Yeddyurappa daughter, Umadevi, who had a site near Sadashiva Nagar, have also returned the sites.

ALLOTMENT RULE
Allotment of stray sites of BDA is indeed a big deal. Everybody wants to get a share in these allotments. Many MLA's, MP's, Ministers, their personal assistants, drivers, cooks and peons, journalists etc., come in the queue to grab a share in these allotments. However, the BDA stray sites according to the rule book must be allotted as under-

30% to people in public life as directed by the Government.
15% to sportspersons with special achievements.
10% to people with special achievements in arts, science and literature.
5% each to military and ex-military personnel, dependents of State Government servants who died during service & freedom fighters.
30% to be auctioned.

WILL THE LAW PREVAIL?
In the present instance relating to Mr. Raghavendra, the BDA is yet to take a call on prosecuting him.

Now the question that still remains is whether the mere surrendering of the allotted sites is good enough reason to close the chapter? Definitely not, the case of Raghavendra submitting a false affidavit to the Bangalore Development Authority (BDA) and also the BDA refunding him his amount on return of his allotted land is a serious crime. But, Raghavendra is the son of the Chief Minister, will the BDA prosecute him?.....

THE UNNOTICED LANDSCAM Denotification of 5 acres in Halage Vaderahalli ANOTHER MULTI CRORE SCAM OF BDA 15th January 2011 Issue

By Firoz.T.Totanawala

The Bangalore Metro Reporter

15th January 2011 Issue

THE UNNOTICED LANDSCAM

Denotification of 5 acres in Halage Vaderahalli

ANOTHER MULTI CRORE SCAM OF BDA

Amidst all the denotification scams and the resultant hulla gulla, another major denotification scam in Halage Vaderahalli in Raja Rajeswarinagar has gone unnoticed. The BDA which has acquired 6.5 acres of lands in Sy no. 251 of Halage Vaderahalli and formed the layout had stealthily denotified 5 acres of land worth more than 60 crores. In fact, a year back, the BDA had demolished unauthorized constructions and put up road boards and was about to allot sites, and now, the BDA has issued a bald denotification order. It is said that Home Minister R.Ashok has played the decisive role and needless to say that he is one of the beneficiaries.

The state has witnessed several scams regarding denotification of prime lands acquired by the BDA. The chief Minister B.S.Yedyurappa is fighting with his back on the wall to explain the denotifications effected by him in favour of his kith and kin.

A SECRET SCAM

Amidst the charges and counter charges, the denotification scam in Halage Vaderahalli (RR Nagar) has gone unnoticed. The denotification of 5 acres of land worth more than 60 crores, has been done discretely and has escaped the hawk’s eye of the former Chief Minister H.D. Kumarswamy, particularly so when Home Minister R.Ashok is involved.

THE BEGINNING

The story goes back to the formation of BSK V Stage Layout. Just like hundreds of acres of other land, an extent of 6.5 acres of lands in Sy no. 251 in Halage Vaderahalli was also acquired. The land adjoining this land was fully built even before the acquisition process. The BDA in the year 2000 itself had taken up this land for reconvey scheme, and till today, the matter has not moved an inch.

FORMATION OF LAYOUT

But 6.5 acres of clear land was acquired and the BDA had taken up layout work in this land by forming roads etc. The owner of the land tried best to get the acquisition dropped, but in vain. The BDA after passing the award took over the physical possession of the lands for formation of the layout.

The BDA after taking possession of the land formed the roads and cross roads and the only work left was the identification of sites and numbering them. They have put up the Road-Cross Boards too. Needless to say that BDA has spent huge amount towards civil works. The land owner was at his wits end and was making all out efforts to get the lands denotified despite the earlier rejection.

THE DEAL CLINCHED

Very soon, Ramachandra, a BJP leader (now a Corporator) came to the rescue of the land owner. It is no secret that Ramachandra along with R. Ashoka, affected this denotification. After the deal was clinched things began to happen. The BDA which had earlier demolished temporary sheds build on the acquired land earlier, bent backwards and in January last year, issued a bald denotification order! The order does not give any reasons for denotifying the acquired lands, for the simple reason that there are no reasons at all for denotifying the lands. In one go, the BDA lost lands worth not less than 60 crores in the market.

AVOIDING THE GLARE

Of course, the land owner was not prepared to let go the denotification which was done stealthily. However, he also does not want to make it public as it will create another controversy. That is why he had already sold the lands to a developer at the rate of Rs.3000 per sq ft. The purchasers too are very discreet in taking possession of the lands. As the BDA Boards are still standing on the lands, the developer is not prepared to risk removing them in day light lest there will be a public outcry. The developer is doing the removal of the Boards in the night to avoid public glare. Interestingly he is not removing or repainting the boards in one go. He is removing/repainting the boards one by one taking enough care to ensure that not more than two boards are replaced in a night.

The entire episode makes one to conclude that there is something more than that meets the eyes. Firstly, there are no valid reasons to denotify this highly valuable land which was acquired years back by the BDA. Secondly the land owner attempts to get the lands denotified was rejected by the BDA on earlier occasions. Thirdly, the BDA was about to allot the sites to the applicants. Fourthly the BDA has sinked millions of rupees to form the layout in this land. Even at the rates charged by BDA for site allotment is taken into consideration, the BDA would have become richer by at least 6 crores. Assuming that it had spent about a crore towards land acquisition and formation of sites, the BDA would have earned a net profit of five crores which would come in handy for other projects.

But, who cares for public welfare. The denotification has benefited the land owner to the maximum. The total value of the land is more than 60 crores. Besides, the developer who had purchased the lands got a ready layout as the land was already been converted into a layout by the BDA.

ANYBODY LISTENING?

But what about the BDA? Also what about the 90 odd prospective allottees? It is high time that this denotification scam gets the notice of the Lokayukta and the opposition.

DAY LIGHT LOOT BABUS DECIDE TO CHARGE PUBLIC FOR E-STAMPING 1st January 2011 Issue

By Firoz.T.Totanawala

The Bangalore Metro Reporter

1st January 2011 Issue

DAY LIGHT LOOT

BABUS DECIDE TO CHARGE PUBLIC FOR E-STAMPING

The Government had introduced e-stamping to collect Stamp duty and entrusted the task to the Stock Holding Corporation of India. The company is entitled to 0.65 percent commission on the stamp duty collection. As the e-stamping has not received favourable response from the public, the company wanted hike in commission. And now, out of blue the Government has permitted the company to collect service charges from the public for e-stamping up to Rs 5000! It is the Government who has to pay the commission to the company out of stamp duty collections. Now, the public also have to pay the service charge along with the Stamp duty.

After the outbreak of the Telgi scam, many modes of payment of Stamp duty were experimented. The Lokayukta recommended the e-stamping and finally the Registration department zeroed on it. Arguably, the till now system of payment of stamp duty and Registration fee through Demand Drafts/Pay Orders was working well for the past eleven years and it still remains people’s favourite system.

The E-stamping was implemented in 2008 as another mode of payment of stamp duty. Out of blue, a company by name Stock Holding Corporation of India was chosen as the central Record keeping Agency to collect the Stamp duty on behalf of the Government through its branches and franchisees. The then IGR Shashidhar entered into an agreement with this company in February 2008 and as per the agreement, the company was entitled to receive 0.65 percent commission on the stamp duty collected. It should be noted that even when the stamp papers were in circulation, it was the Government which paid one percent commission to the licensed stamp venders. The stamp venders were required to purchase the Stamp papers from the Government treasury. And at the end of the day, the stamp vendor would have got 0.50 percent, as the process of purchasing the stamp papers involved going to the treasury, submitting indent, paying the amount and payment of ‘mamool’ to the staff to get the stamp papers early and expenses towards establishment and salary to the employees. In this comparison, the e-stamping commission seems to be high as people have to directly go to the company’s counters or franchisees to pay the stamp duty.

UNFAVOURABLE FORMAT

On the contrary, the format of e-stamping has not found favour with the people as it is done on a plain paper of poor quality. People are used to prepare their documents on the special documents sheets and pay the stamp duty and registration fee through Demand Drafts. In respect of smaller denominations too, they get the franking or certification of stamp duty on the same document sheets which resemble the earlier stamp papers. This caters to the people’s psychological satisfaction of writing the deed on bond paper.

TOO MANY DETAILS & LONG QUEUES

From the year 2008, the Government is paying 0.65 percent commission to the e-stamping company. As is natural, people have not favoured this system of payment of stamp duty as they have to fill up the application giving details about the parties involved, nature of transactions etc and stand in long queue to pay the stamp duty and get the e-stamping paper. Besides, the e-stamping details itself occupies three fourth of the paper, and there is nothing left for writing the document. Consequently, people have not accepted it whole heartedly and choose it merely for smaller denominations requirements. Eventually, the Stock Holding Corporation of India received small turn over and meager commission and became upset on the outcome. For example the company only received Rs 6.50 for e-stamping 1000 rupees. It is though nobody’s fault that e-stamping is hardly used to pay heavy stamp duty as people still prefer Demand Drafts.

Interestingly, the company accepts up to Rs 50000/- in cash for e-stamping from the public and if the amount is more than this, the parties have to make payment through DD. Thus when people can get the registration done by paying stamp duty through DD, why should they purchase the DD to submit it to the company to get e-stamping?

PLEASE DO SOMETHING SAAR!

Whatever, the company was pressurizing the department for more commission irrespective of the agreement. It had booked the successive IGR’s trying to make e-stamping compulsory. But the act does not permit it. The IGR’s had also made all out efforts to force the sub registrars to only accept e-stamping but in vain.

OK, DONE!

And now, all of a sudden, the company and the department issued advertisements directing the people to pay Rs 10 as service charge for e-stamping up to Rs 100 and Rs 15 for e-stamping up to Rs 5000 to the company. This is simply obnoxious. As the lion’s share of e-stamping is done is smaller value the service charge seems to be Astronomical. For example, for Rs 100, the service charge is 10%, up to Rs 5000 the service charges vary from 15% to 3% and the agreed commission is 0.65%.

What more the service charges have to be paid by the public directly to the company. Interestingly, the service charge for franking in offices where franking machines are rented is Rs 5 for any amount up to Rs 999. Why should people pay service charge to the company for payment of stamp duty to the government? This is nothing but penalizing the public who want to pay stamp duty through e-stamping! It is time; the Government should stop this day light loot by the company in collation with few officials of the registration department.

THE GARBAGE BUSINESS BBMP ALLOTS SHOPS ON GARBAGE POINT. TRADERS CRY FOUL 1st January 2011 Issue

By Firoz.T.Totanawala

The Bangalore Metro Reporter

1st January 2011 Issue

THE GARBAGE BUSINESS

BBMP ALLOTS SHOPS ON GARBAGE POINT. TRADERS CRY FOUL

BBMP’s garbage problem is well known to the residents of Bangalore. In fact, it has been so pathetic that the residents of Bengaluru are by now used to it and do not take it seriously. BBMP itself gives many clarifications to the garbage problem as excuses. The most common debatable point is that BBMP does not have enough garbage collection points and therefore people throw away garbage all around.

However, here is one case of BBMP’s astonishing deal which is evident of its corrupt practices. While on one hand BBMP complains of shortage of collection points, it has literally utilized one of the collection points for commercial undertaking.

The onus is on the city market complex. Mr. Nadeem Ahmed, aged 35 years has a shop in the upper floor of the complex. He has the allotment letter for shop no. 256 from BBMP on his name measuring around 4ft x 4ft and is also paying the tax punctually. According to Mr. Nadeem on one Friday night during the Dassera holidays, some people came there with two ready made boxes which can be used as a shop and erected it on the Garbage bin of the City Market complex. However, the shop keepers of the complex gathered and demolished it. Then again after a few days on one fine Sunday, the same two boxes were once again fixed on the Garbage bin. These time again they protested but were shown allotment letter issued by the BBMP’s Deputy Commissioner.

Mr. Nadeem adds that his shop number is 256 and the two additional shops that were erected on the garbage bin were issued numbers as 256A and 256B. These shops are issued to Srinath and Shivanna Gowda respectively and each measure about 8ft x 12.5ft.

However, Nadeem and his brother decided to fight out this illegal and corrupt functioning of the BBMP. They approached TBMR and as per the suggestion have filed a complaint with Mayor, Deputy Mayor, Commissioner, Deputy Commissioner, Chairman of the BBMP Standing Committee and also the Corporator and finally the Lokayukta.

During the investigation, TBMR also discovered a recommendation letter for allotment of shop from Mr. Bachche Gowda, the Labour Minister, in favour of one Mr. Srinath.

TBMR called up Mr. Padmaraj, the Chairman of BBMP Standing Committee (Market) to enquire about the allotment. He told us that his Committee was formed later and the allotment order is issued by Commissioner, so, he is not responsible for the mess.

TBMR also spoke to the DC Mr. Venkata Chalapathy who said that yes it was earlier a place to dump garbage measuring around 17x28, however, the citizens from the market complained them of the stink and so finally they removed the bin. After some time, the place was encroached and citizens again complained them about people sitting and doing business in that place without paying anything to the BBMP and that was also affecting their business. Therefore, they decided to allot the shop at the place which was earlier a garbage point. While the rate for allotment is only Rs. 9/= per sq ft for old shop keepers, they got an offer of Rs. 18/= per sq ft for this place. So the Commissioner allotted the same.

However, Mr. Nisar Ahmed, brother of Nadeem Ahmed told TBMR that “the Garbage stinking story is a complete lie. If any one had to complain about garbage stinking, it has to be us because our shops are immediate and adjacent to garbage bin. But we have never complained them about stinking”. Further, he explained that “if at all they had to allot shops on the bin, they could have offered it to us. Presently, our shops measure only 4 x 4 ft. Had they informed us we could have also paid them the price they received or rather a bit more than what they received”.

TBMR also spoke to the BBMP Commissioner Mr. Siddaiah who told us that he has asked his officers to relocate them. However he will find out with them; if the removal is necessary they will remove them or else they will continue.

TBMR also contacted the Corporator Mr. Ashwath Narayan. He said that the proposal letters for all the 4 shops were given before he became the Corporator. During that time Mr. Bharat Lal Meena was the Commissioner of BBMP, and it was pending. However, it was allotted after Mr. Siddaiah became the Commissioner of BBMP. He further added that he cannot comment on this as it has not happened during his period but before he became the Corporator.

THE GARBAGE BUSINESS BBMP ALLOTS SHOPS ON GARBAGE POINT. TRADERS CRY FOUL 1st January 2011 Issue

By Firoz.T.Totanawala

The Bangalore Metro Reporter

1st January 2011 Issue-

THE GARBAGE BUSINESS

BBMP ALLOTS SHOPS ON GARBAGE POINT. TRADERS CRY FOUL

During the investigation, TBMR also discovered a recommendation letter for allotment of shop from Mr. Bachche Gowda, the Labour Minister, in favour of one Mr. Srinath.

By Firoz.T.Totanawala

The Bangalore Metro Reporter

THE LAW SURVIVES

Sachindanandanagar Khata Scam

HIGH COURT COMES TO THE RESCUE OF LAW

TBMR had carried a series of exposures on the Sachindananda Nagar Layout formed by B.Krishna Bhat of Viswa Bharti Housing Co-operative Society and the attempts by site owners to obtain the BBMP khatas to their sites. TBMR had also relentlessly exposed all the illegal acts in this layout and opposed the regularization of the revenue sites.

While lakhs of revenue site owners are waiting for the implementation of Akrama-Sakrama to regularize their properties since 2007, few hundred revenue site owners in the Sachindananda Nagar Layout, an illegal layout formed by the notorious B. Krishna Bhat of the equally notorious Viswa Bharti Housing Co-Op Society had through VIP pressure and media power managed to get their sites regularized without paying a penny. However, the High Court has finally come to the rescue of the law of land and stayed the illegal issue of khata certificates to hundreds of revenue site owners in the Sachindananda Nagar Layout in RR Nagar Zone of BBMP.

THE ILLEGAL LAYOUT

As far as Sachindananda Nagar Layout is concerned, the hard fact is that the land does not belong to the Society as the same has been forfeited to the Government in 2001 itself for violation of Karnataka Land Reforms Act. Firstly, B. Krishna Bhat had purchased the lands in his name using Society funds and on the contrary B. Krishna Bhat was ineligible to purchase agricultural lands. Secondly, the lands even assuming the ownership of B. Krishna Bhat, has not been converted. Thirdly, he has also not obtained the sanction of the BDA to the layout. Therefore, by any means, the entire layout is illegal and in fact, it is not even a revenue layout by strict meaning of law.

THE BETTERMENT CHARGES

During 1997, the Raja Rajeshwari Nagar CMC (earlier Pattanagere CMC) collected betterment charges from the revenue property owners and regularized them. Few site owners in the Sachindananda Nagar Layout also paid betterment charges and got the khata. But before others in the layout could do so, the Divisional Commissioner directed the CMC to stop collecting the betterment charges from Sachindananda Nagar Layout. This was challenged by B. Krishna Bhat in a civil court and by misleading the court through bogus records; he also got the orders quashed in 2005. It is on the basis of this order that the BBMP was forced to affect the khatas recently.

PRESSURE & ROSES

Whatsoever, the ownership of the lands as of now stands in the name of the Government. But few influential people approached the Lokayukta with the grievance against the BBMP officials. This group even 'offered' Roses to the BBMP Commissioner Siddaiah, who knows every minute details of the scam as he was the BDA Commisioner earlier. He knew well that the BDA had declared this layout as illegal and orders for demolition was issued long back. Another group of property owners were making efforts to get their properties regularized by bribing the BBMP officials and also procuring the support of the local MLAs. While this group went on clinching deals with BBMP officials, the other group made efforts to bring pressure on the BBMP officials through Lokayukta and the media. They too based their case on the civil court's order quashing the Divisional Commisioner's direction to the CMC to stop collection of betterment charges.

THE FINAL SEIZE

The revenue property owners armed with Lokayukta's direction and accompanied by the electronic media, stormed the BBMP's RR Nagar Zone office and laid seize demanding that khatas be given to them. Unmindful of the repercussions in violating the law of the land, the RR Nagar Zone's Joint Commissioner KM Ramachandran directed the official to issue the khata in the night. Finally, the officials worked overnight and issued the khatas to hundreds of revenue properties in Sachindananda Nagar and interestingly not a single pie was collected as betterment or development fees. In fact, the collection of such charges has been banned in the state since 2000, as CMC's have no power to collect the same.

HIGH COURT STAYS!

It is to enable the revenue property owners to get their properties regularized, that the Government brought in the Akrama-Sakrama, a one time settlement scheme in 2006. But till now, the scheme has not been implemented. It provides for onetime payment towards violations under Karnataka Land Reforms Act, Karnataka Town and Country Planning Act, Karnataka Municipalities Act and BDA Acts by collecting compounding fines for every violation. It goes without saying that the owners of revenue properties in Sachindananda Nagar can get their properties regularized only under Akrama-Sakrama scheme, and that too, if the Government withdraws the forfeiture of the lands. But they got their properties regularized without the sanction of the law. If money and high influence can bend the law of the land then the law will have no meaning. But finally,the High Court has put a stop on this abuse and rape of law. The BBMP Commissioner Siddaiah who waged a relentless battle against B. Krishna Bhat's Girinagar IV stage, has cut a sorry figure in his Sachindananda Nagar layout. No need to talk of Joint Commissioner KM Ramachandran, who is possessed about making crores and crores before he retires shortly. It is time the Lokayukta should revisit the issue impartially and also to take a look at KM Ramachandran's millions making spree! The High Court by staying the issue of khata to the revenue properties in Sachindananda Nagar has indeed saved the law of the land. No need to talk of Joint Commissioner KM Ramachandran, who is possessed about making crores and crores before he retires shortly.It is time the Lokayukta should revisit the issue impartially and also to take a look at KM Ramachandran's millions making spree! The High Court by staying the issue of khata to the revenue properties in Sachindananda Nagar has indeed saved the law of the land. No need to talk of Joint Commissioner KM Ramachandran, who is possessed about making crores and crores before he retires shortly. It is time the Lokayukta should revisit the issue impartially and also to take a look at KM Ramachandran's millions making spree! The High Court by staying the issue of khata to the revenue properties in Sachindananda Nagar has indeed saved the law of the land.No need to talk of Joint Commissioner KM Ramachandran, who is possessed about making crores and crores before he retires shortly. It is time the Lokayukta should revisit the issue impartially and also to take a look at KM Ramachandran's millions making spree! The High Court by staying the issue of khata to the revenue properties in Sachindananda Nagar has indeed saved the law of the land.No need to talk of Joint Commissioner KM Ramachandran, who is possessed about making crores and crores before he retires shortly. It is time the Lokayukta should revisit the issue impartially and also to take a look at KM Ramachandran's millions making spree! The High Court by staying the issue of khata to the revenue properties in Sachindananda Nagar has indeed saved the law of the land. The khatas of 800 plus site owners of this illegal layout can only be issued and regularized under Akrama-Sakrama Scheme which is yet to be implemented.

THE GARBAGE BUSINESS BBMP ALLOTS SHOPS ON GARBAGE POINT. TRADERS CRY FOUL 1st January 2011 Issue

By Firoz.T.Totanawala

The Bangalore Metro Reporter

1st January 2011 Issue-

THE GARBAGE BUSINESS

BBMP ALLOTS SHOPS ON GARBAGE POINT. TRADERS CRY FOUL

During the investigation, TBMR also discovered a recommendation letter for allotment of shop from Mr. Bachche Gowda, the Labour Minister, in favour of one Mr. Srinath.

ILLEGALLY LEGAL CM & COMPANY DEFENDS THAT ALL LAND DEALS WERE LEGAL 15th December 2010 Issue

By Firoz.T.Totanawala

The Bangalore Metro Reporter

15th December 2010 Issue

ILLEGALLY LEGAL

CM & COMPANY DEFENDS THAT ALL LAND DEALS WERE LEGAL

In the wake of the disastrous Land scam, the Karnataka State politics has touched the lowest level. In spite of clear and transparent evidences, the Chief Ministers and his other Ministers are defending themselves saying that all the land deals were legal. According to them, the allotment of prime sites in posh localities to CM B.S. Yeddyurappa’s MP son B.Y. Raghavendra, who already owns houses lands in Bangalore is legal. The false affidavit by B.Y. Raghavendra for acquiring the site worth in crores for a paltry sum of Rs. 8 lakhs is also legal. The denotifications of highly valuable lands in highly developed layouts, despite the Supreme Court judgements, are strictly legal, the formation of firms to collect the ‘deal’ money by the kith and kin of B.S.Yedurappa and also a share in the denotified lands are all legal. Similarly, the allotments of lands in a mortal hurry to the kith and kin of ministers are also strictly legal. They insist that every rule has been followed for denotification and allotment of lands and defend their actions by arguing that, the previous regimes did the same, and that they continued the tradition.

However, none of them can explain the documentary evidence and records that have surfaced along with the scams. The maximum these defenders say is that there is a malicious propaganda against the BJP by the frustrated opposition and a section of the media. In contrast, the opposition, especially the JD(S) Boss Kumaraswamy is challenging the defenders to prove that the scams are false or the records are fabricated. And nobody has given any reply to this challenge.

Let us take few cases of the scam and the ‘legality’ of the same as per B.S.Yedurappa gang and the traditional meaning.

INVALID APPLICATION

Take the case of allotment of a big BDA site in RMV Extension to B.Y Raghvendra, the MP son of B.S.Yedurappa. The stray sites are allotted to eminent people who have served the state with distinction. The rule also states that people, who are in the social service for long, may also be allotted a site. More than anything, a person who eminence or other wise, who own a site or house in Bangalore either in his/her name or family’s name cannot even apply for the allotment.

However, B.Y. Raghavendra, is neither an eminent citizen nor a social worker for long. Nobody had even heard his name till May 2009 when he won the MP election. Even his MPship is just one and a half years old. And his eminence had come from the fact that he is the son of the Chief Minister B.S.Yedurappa. Raghavendra owns big properties in Bengaluru and Yedurappa too owns a big bungalow in Bengaluru. As per the ‘Tradition’ Law, B.Y.Raghavendra is ineligible to apply for stray site allotment in first place, let alone getting the site allotted. But Raghavendra submitted a false affidavit and his CM father wasted no time in allotting him a big site in RMV Extension. And defenders of scams say everything is legal.

Now, unable to face the publicity, Raghavendra has returned the site and claimed refund of Rs. 8 lakhs paid as sital cost. The Traditional ‘legal procedure says that BDA has to forfeit the cost as the site was obtained through false affidavit. But the ‘legality’ of B.S.Yedurappa gang makes the criminal offence a virtue and the BDA is all set to refund the site cost. The same is the case with ‘other’ stray sites allotted by B.S.Yedurappa to his sister, sister’s son etc.

COLLECTION COMPANIES

B.S.Yedurappa denotified hundreds of acres of prime land acquired by BDA for its various projects. However, his style of collecting favours against his illegal acts was unique indeed. He formed many firms in his kith and kin’s names and those who wanted to get denotification/allotment of lands were required to pay non refundable deposit in these firms. Once the ‘deal’ money was paid to one of these companies, Yedurappa would issue the orders. In some cases, the parties even had to part with a share in the land by registering the lands in the name of the companies. This is Yedurappa’s concept of legalizing the corrupt practices.

SUPREME COURT SUPPRESSED

In some of the denotification cases, the Supreme Court had clearly decreed that no land can be denotified after the BDA takes possession of the lands. But the CM team which has its own concept of law cared a damn for the Supreme Court order. Thus, B.S.Yedurappa denotified lands worth hundreds of crores acquired years back by BDA. Needless to say that Yedurappa’s collection companies have been flooded with crores and crores. And the defenders of the scam say that everything has been done legally!

Of course, the CM’s collection companies have made at least 100 crores profit in just one year without doing any business. Their only investment was the powers of the Chief Minister! But, there are clear records/ documents that show that Yedurappa and few of his ministers have shown official favour in lieu of heavy bribes both in cash and kind. And there are’ collection’ companies floated by them to receive the ‘deal money’ officially. As per the traditional meaning of law, these activities come under Prevention of Corruption Act punishable with long term jail. But as per Yedurappa gang, everything has been done legally.

THE LOKAYUKTA HURDLE

Yedurappa was the most delighted man when the Lokayukta had resigned as he knew that one day the Lokayukta will knock on his door with full force to nail him. And now his fears have come true. The Lokayukta has already trapped the corporator son of Minister Katta Subramanya Naidu in the multi crore KIADB land scam and may arrest the Minister also. Drenched in corruption, favoritism, nepotism and what not, the CM naturally fears Justice Santosh Hegde as he has earlier already tested the Lokayukta’s heat in mining scam. It is another matter that Yedurappa has decided to conduct judicial enquiry into denotifications in the state since 1994. But this is a game plan meant to buy him time. However, he can not expect the Lokayukta to wait for the judicial enquiry. As per the traditional laws, the Lokayukta will conduct the probe and in all probability Yedurappa and his gang may face the music.

Further, Yedurappa is been challenged by the JDS which has filed a complaint with the Lokayukta against him and his scams.

All the scams committed by B.S.Yedurappa and his gang are out and out violative of the law of the land. And the Chief Minister and his supporting gang of Ministers say that everything B.S.Yedurappa and his gang have done is legal. God save Karnataka!

THE DEFEAT OF THE LAW BBMP REGULARISES REVENUE PROPERTIES IN SACHINDANANDANAGAR LAYOUT 15th December 2010 Issue-

By Firoz.T.Totanawala

The Bangalore Metro Reporter

15th December 2010 Issue-

THE DEFEAT OF THE LAW

BBMP REGULARISES REVENUE PROPERTIES IN SACHINDANANDANAGAR LAYOUT

The Commissioner of BBMP Mr. Siddaiah has done an unimaginable act by getting the khatas registered to the hundreds of sites in the illegal Sachindanandanagar Layout formed by the notorious Viswa Bharthi Housing Co-op Society. Proving that he can be subdued with media and other pressure, Siddaiah has registered the khatas to the sites in this illegal layout and legalized the highly illegal act. If the same yardstick is applied, Siddaiah will have to register the khatas to lakhs of revenue properties in BBMP areas. To hell with law of the land!

In our earlier edition, we had discussed about how B. Krishna Bhat of the Viswa Bharti Housing Society undertook illegalities to form of the Sachindanandanagar layout which thus became illegal in itself. It was clearly explained that the land does not belong to the society and the society has also not obtained layout plan sanctioned from the BDA. It has not even got the lands converted and there are other violations with regard to Co-op. Society’s Act, Land reforms Act, Town planning Acts, etc.

In fact, the land has been forfeited by the government in 2001 itself. The final word on this is yet to be said by the Karnataka Administrative Tribunal where the dispute is pending. The BDA had notified the layout as illegal and ordered demolition of the unauthorized constructions in the years 2005 and 2007. The plain fact is that B.Krishna Bhat, had purchased agricultural lands the dispute of which becomes ineligible under Land Revenue Act and Land Reforms Act. He has also used the society’s funds to purchase the lands and again used the society’s name to register sites formed in the illegal layout to the purchasers by treating them as members!

On the whole the entire layout is a revenue layout. In the year 1996, the CMCs in the city collected betterment charges from the revenue property owners for having utilized the civic amenities provided by CMCs and issued ‘Holder’ Khatas to them. It should be noted that the khatas effected were only symbolic and not the regular khatas. The holder khatas do not guarantee right, title and ownership, it was only meant for collecting betterment charges and tax towards using the amenities provided by the CMCs.

Naturally, few owners of sites in Sachindanandagar layout got the khatas by payment of betterment charges. So taking advantage of the betterment charges scheme, about 100 site owners obtained khatas for their properties in 1996. Later, the Divisional Commissioner directed the CMC, Pattanagere (now RR Nagar) to stop collecting betterment charges.

B.Krishna Bhat went to the court and in the year 2005 the civil court directed the CMC to register the khatas after quashing the directions of the Divisional Commissioner. Needless to say that Krishna Bhat managed to get the orders by misleading the court and also ensured that the CMC does not go in appeal. By this time, the Government had confiscated the lands purchased by the B Krishna Bhat violating Lands Reforms Act. He then filed an appeal in KAT but till now, no final word is said about the same. As on now, the land records stands in the name of the Government. In 2007, the Government banned the collection of betterment charges by the CMCs as it became clear that the CMCs had no such powers.

At the same time, the Government passed a bill for ‘One Time’ Akrama-Sakrama scheme to regularize unauthorised constructions and Revenue Properties. But the enforcement of the Act from 1-1-2008 was deferred under High Court orders. Later, the Government tried to bring some reforms and two months back, passed the modified Akrama-Sakrama Bill. But the Governor had refused to sign the bill and as on now, the Akrama-Sakrama scheme is in cold storage. As such, the regularization of sites in Sachindanandanagar layout must wait till the Akrama-Sakrama scheme is brought into force.

But some of the site owners were not prepared to wait. Manjunath alias Quality Manju formed a Resident’s Association and moved the BBMP’s RR Nagar Zonal Joint Commissioner Veda Murthy to get the khatas to about 800 properties. He started collecting amount between 3 to 5 lakhs from the owners depending on the size of the property. Manju also enlisted the support of local MLA M.Srinivas whose word is Law for the BBMP officials. In fact, the entire multi crores deal was to be based on the city court’s order directing the CMC to register the khatas. As the government has banned the collection of betterment charges itself and brought in a special Akrama-Sakrama Scheme to regularize the revenue properties, there was no way the sites could be regularized at this juncture. But that did not deter Manju to clinch a ‘deal’ with BBMP officials to get the Khatas, illegally, albeit for a price.

In the meanwhile, another association was formed among the site owners and they had approached the Lokayukta against the BBMP officials and carried a media blitz bringing their woes to the public notice. They also based their case on the city court order concern only with ‘Holder’ or ‘Anubhuvdar’ khatas and not the regular khatas. They made the Lokayukta to come to their rescue. As luck would have it, the BBMP’s Additional Commissioner Veda Murthy in his reply to the Lokayukta complaint gave a wrong reply about the status of the case relating to an appeal to the city civil court order. This was sufficient for the Lokayukta to bang the BBMP officials and within the next of couple of days, Veda Murthy went out of BBMP and K.M Ramachandran took over as the Additional Commissioner of RR Nagar Zone.

After assuming the chair, K.M Ramachandran from day one was determined to clinch the deal under the direction of MLA Srinivas and Manju. He was waiting for an excuse to start issuing the khatas.

The Lokayukta’s slap was a God sent opportunity to complete the deal. The other group also mounted pressure on the BBMP Commissioner Siddaiah and finally Siddaiah relented and ordered the issue of khatas.

The other day, a group of the site owners laid seizes to RR Nagar Zonal office and forced the officials to issue the khatas to 120 of their members. They continued it till midnight and got khatas. Similarly, the Manju group too got the khatas. The BBMP officials particularly K M Ramachandran, the RO, ARO etc. are smiling from ear to ear for having made few millions. The owners are happy for having got the khatas to their properties in the illegal Sachindanandanagar layout. Every body is happy except the law of the land.

In fact, Law of the land has become the first casualty. The entire episode throw much light on the machinations, manipulations etc. of the bureaucrats and the astronomical level of corruption. In one go, about 800 revenue properties have been regularized by the BBMP without caring for the law of the land. If the same properties were to be regularized under Akrama-Sakrama Scheme, the BBMP would have netted revenue of not less than 20 crores.

The combined force of money, muscle power, media etc. has resulted in BBMP regularizing more than 800 revenue properties in an illegal layout. The question is will the BBMP regularize lakhs of other revenue properties in city and give khatas to them?

The entire episode needs a serious introspection among all particularly those who respect the law of the land!

THE POLITICS OF SAFEGUARDING CM COMMITS SCAMS AND AVOIDS LOKAYUKATA NET 15th December 2010 Issue

By Firoz.T.Totanawala

The Bangalore Metro Reporter

15th December 2010 Issue

THE POLITICS OF SAFEGUARDING

CM COMMITS SCAMS AND AVOIDS LOKAYUKATA NET

The CM Yedurappa’s multifaceted; multi dimensional and well documented scams have become highly embarrassing for him has tried to buy time to bury the same. He has formed a judicial commission headed by Justice Padmaraj, a retired HC judge to probe the denotifications, allotments of lands for the last 16 years that is from 1995. It is another matter that Justice Padmaraj has his own reputation for fairness and balanced judgements. Most of the judgements of Justice Padmaraja that were challenged were upheld by the Supreme Court. Nobody can have any doubt about the fairness of the commission headed by Justice Padmaraja.

But that is no issue here. There was no necessity for having a judicial commission to probe the land denotifications since 1995 in first place. Any common man with ordinary level of sense will say that the probe will go on for years. But, Yedurappa has given only one year time to the commission to finish the probe and submit the report. This is humanly impossible as there are thousands of cases of denotifications of lands since 1995.

THE HISTORY

It is an open secret that till the year 2000, the denotifications were done on merits of the case and not monetary case. It was only after the year 2000 that the real estate in Bangalore flourished. The denotifications assumed importance particularly after the BDA started denotifying thousands of acres of lands for its layout and KIADB and KHB followed suit.

From the year 2006, when Yedurappa became Deputy with Kumaraswamy as the CM, the land prices soar to new heights. The real estate agents turned into developers and even the underworld entered the real estate in a big way. Politicians in power became their God fathers. It may be recalled that denotifications became a very lucrative business during Visweswaraya, Anjanapura, BSK 5th, 6^th stage, Arkavathi layout formations. Many officials made hundreds of crores through denotifications. It continued during Dharam Singh regime and Kumaraswamy also provided ample opportunity.

From the moment, Yedurappa become Deputy CM, he became possessed with making a fortune. More than the CM, the Deputy Yedurappa made hundreds of deals with developers through his sons Raghavendra and Vijyendra.

THE RETURN OF JEWEL THIEF

It is at this time that Yedurappa started his family enterprise. But before he could firmly establish his companies he lost power in 2007. However, he returned as a CM in 2008. And since then there is no stopping for his family enterprise in making crores and crores through denotifications/ allotments etc. Without investing anything these companies made crores of profit and there only investment is Yedurappa’s CM powers.

SAVING SKIN

But what prompted Yedurappa to order a judicial probe? The answer is very simple. When the unimaginable scams of Yedurappa in allotting highly valuable lands to his family members, denotifying the lands purchased by his family members etc started to get exposed one after the other, Yedurappa panicked. Even the leaders of his own party were shocked at his scams. To wriggle out of the situation, he got his family members to return the sites to BDA. Further, to stop the opposition from exposing his scams, he talked of a judicial probe on the denotifications of lands affected during the last 15 years. He made tall claims of holding a probe by a retired HC judge to silence the opposition.

While his scams issue raked up in Parliament, he had to take some action to insulate himself and also prevent the BJP High Command initiating any actions against him. In fact, the BJP had already decided to take action against him and summoned him to Delhi. But before leaving, he decided to constitute a Judicial commission to probe the land denotifications, allotments etc. And to take the revenge with Deve Gowda, he extended the probe to be conducted from 1995.

The rest is history. Yedurappa arm twisted and even threatened the BJP High Command and avoided his sacking. He succeeded and Justice Padmaraj was nominated to the judicial enquiry and is given one year to complete the task. This is simply an impossible task as one cannot expect the commission to probe innumerable cases in just one year.

MAMMOTH TASK

It is a fact that one can expect more than 2000 BDA denotifications from 1995 and about 1000 cases in KIADB. The commission has to probe each case on merits. It cannot club all the cases as each case has a different history. Firstly, the commission has to identify the cases, the beneficiaries and the officials responsible for the denotifications. It also has to identify the political force behind and issue notices to all the identified people and officials. They are also required to be given ample opportunity to defend them and their actions. There is the usual examination and cross examinations of the witnesses etc. There is also the question of availability of records. There may be cases where people concerned may be dead, and the officials have either died, retired or even untraceable. The commission cannot work round the clock. In a matter of one year, even if the commission has a little over 100 sittings, it will be a record.

Moreover, the commission needs a separate establishments, offices, courtrooms, staff etc and it would take at least two to three months for the commission to start the preliminary works provided the Government shows promptness and good intentions. As there are few Ministers including Yedurappa himself in such scams, the Government may not show much interest in the follow up actions to provide necessary infrastructure to the commission. This being the case, the commission needs at least 10 years to probe thousands of denotification cases. In some cases, the commission also has to conduct spot inspection. It is not that all the denotifications done so far are scandalous. Except few notorious cases, most of the denotification cases till 2006 have justifications. A fully developed revenue pocket cannot be acquired as the same cannot be used for forming a layout or sites. The land is not only unfit but even the acquisitions cost will be too high. Then there are practical difficulties in demolishing the buildings etc. In 2003, the BDA made a policy decision not to demolish residential buildings built on acquiring/acquired lands. In such cases, denotifications are the only way. The commission cannot overlook these practical problems and ground realities. In 1995, the Government implemented the regularization of the Government properties in a big way. In 2007, the Government passed a 1 time Akrama-Sakrama regularization scheme for revenue and unauthorized properties in the entire state. But is yet to be implemented.

To be frank, the denotifications assumed gigantic proportions only after 2002. It reached zenith in 2005 and for the last two and a half years assumed gigantic proportions and has even threatened the Government of Yedurappa. There is no denying the fact that from the last 5 to 6 years denotification has become a big business and also one of the means for the politicians to dole out largesse to their loyalists.

In all fairness, the commission should restrict it probe to the denotifications from 2005 and not from 1995. If it does start the probe from 2005, it can expose the demon in all its dimensions. Since the basis of set up of commission is to probe the denotifications by Yedurappa, it should at least start the probe from the period of Yedurappa. Probing from the year 2008 first is best suitable simply because all the politicians and officials are available in the same positions and even the records are easily accessible. In addition, most of the denotifications follow similar patterns and all can be clubbed together and probed. Once this is complete, the commission can go back to the past.

SIDELINING THE LOKAYUKTA

Let us come to the practical aspect of the probe by the commission. It is true that Justice Santosh Hegde is already probing the KIADB land scams from the past few months. During the probe, the Lokayukta has already trapped Katta Jagadish, the corporator son of Minister Katta Subramanya Naidu. Further, even the involvement of the Minister and his wife is also established and the Lokayukta may file charge sheet anytime.

The Lokayukta has also arrested many officials in KIADB for their involvement in many scams. This sum up that Lokayukta is conducting a full fledged probe in these scams already. Now if the Commission takes up the probe it will be duplicating the futile exercise.

Besides, the Lokayukta is also taking up complaint against BSY in respect of denotifications, misuse, abuse of power and nepotism. There are 8 compalints before the Lokayukta against the CM in this regard. If the Judicial Commission takes up these cases, Lokayukta, though unlikely will have to close down the complaints against Yedurappa.

The Lokayukta Santosh Hegde is a retired Supreme Court judge and has almost finished the KIADB scam probe. If he continues he will finish up the story in a couple of months compared to the commission which will take years.

If Yedurappa was honest, he could have entrusted the probe of denotification to the Lokayukta himself. While Lokayukta is scheduled to retire in few months, it would not have prevented him to take up the probe. The Government also could have given him an extension for the cause of the probe.

But who cares? BSY is afraid of Santosh Hegde and wants to save his skin by delay tactics. The best option therefore for him is to opt for a judicial probe and that too order it to be conducted from 1995, which will take years together to finish. God save Karnataka!