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!