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IN THE MATTER OF
NAGARAJA . M.R editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 , HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore 570017 , Karnataka State
.....Petitioner
Versus
To ,
5. Some of the land encroachments could have stopped in the early stages
itself , when it was brought to the notice of concerned authorities & courts
of justice. Both government authorities & courts of justice failed to do their
duties. Most prominent example Encroachment of
HEBBAL LAKE & BEML Quarters lake in mysuru. In the early stage itself
years ago it was brought to the notice of authorities & courts they didnt act
on peoples complaint , our complaint nor did they initiate suo motto action.
End result LAKE Encroachment has happened with permanent structures.
6. This proves some of the officials & Judges are tacitly supporting land
mafia. May be allotment of sites to judges @ Judicial layout Yelhanka ,
Bengaluru , etc may be a way of bribing judges by powers that be in the
government.
7. If a commonman dares to encroach govermnet land , police immediately
take suo motto action & evict the encroacher. If building bye-law is
violated , illegal portion is razed down. All together POLICE , AUTHORITIES ,
COURTS act in a swift , ruthless manner with respect to common man.
8. When lakes are filled with construction debris (from a big corporates
construction site ) with intention of killing the water body & usurping the land
, when big IT giants grab government land , when ministers themselves
build on government land , etc why dont police , authorities take suo motto
action immediately at the early stage itself. Where is the swiftness ,
ruthlessness of police , authorities , court in discharging their duties.
Duty sacrificed at the feet of rich & mighty ?
9. If a commonman is alleged of a petty crime he is immediately arrested ,
put behind bars. Police spend thousands of rupees for investigation to
prosecute that petty criminal. Judges spend hours to hear that case &
prepare judgements running into tens of pages sometimes even over &
above thousand pages. Fine . When the very same police & judge themselves
2. Question(s) of Law:
Are Judges , Police & Rich People above Law & can go scot free ?
3. Grounds:
Requests for equitable justice , free expression & protection to life & liberty.
4. Averment:
GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY JUDGES
MENTIONED IN THE BELOW MENTIONED WEB SITES & FOLLOWING ARTICLES.
We salute honest few in public service , Judiciary , police , parliament & state
legislative assemblies. our whole hearted respects to them. HEREBY , I DO
HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO
THE FOLLOWING QUESTIONS WHICH IN ITSELF ( ie answers ) ARE THE
INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS
ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL
STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE
VIOLATING PEOPLES FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE
HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN
APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW
IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM ,
UNDERWORLD & CRIMINALS. I HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL
CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
1. Hereby , I do request the honorable supreme court of India to consider this
as a PIL for : writ of Mandamus and to issue instructions to the chief
secretary of Government of Karnataka to perform their duties & to answer
the questions in RTI appeal .
2. Hereby , I do request the honorable supreme court of India to initiate
criminal proceedings against the jurisdictional revenue officials , police who
tacitly supported land grabbers. Recover costs from them as land arrears.
3. Hereby , I do request the honorable supreme court of India to initiate
criminal proceedings against the JUDGES who tacitly supported land
grabbers and didnt take action to stop land encroachment , lake
encroachment in the initial stages itself although it was brought to their
notice. Recover costs from them as land arrears.
PETITIONER-IN-PERSON
4. Thereby concerned CPIOs are aiding criminals & have caused crores of
rupees loss to the public exchequer.
5.No criminal prosecution against big land sharks / land encroachers and
revenue department officials who aided them. No action against officials
who are denying information and shielding those criminal duos.
6. AKRAMA SAKRAMA scheme of government of Karnataka itself is illegal
based on illegal premises. It gives a booster dose to influential criminals to
commit more crimes , grab more lands , more public properties.
7. Certain Judges themselves are beneficieries of illegal housing societies &
illegal allotment of discretionary quota sites. Are these bribe to judges to
keep mum ?
2. Question(s) of Law:
Are not lakes , ponds , feeder canals for public good. Are revenue
department officials above law ? with disappearance of ponds , lakes , parks
, etc what about damages to ecological balance & public health ? who is
responsible ?
3. Grounds:
Requests for equitable justice , Reclaiming public lands , lakes , ponds ,
feeder canals and recovery of damages with penalties from encroachers and
guilty revenue department officials. Protection of ecology & public health.
4. Averment:
Influential criminals , land sharks in their greed for money are violating
norms in league with public officials. They have caused loss to the public
exchequer worth crores of rupees. .
Hereby , I do request the honorable supreme court of India to consider this
as a PIL for : writ of Mandamus and to issue instructions to the concerned
public servants in the following cases to perform their duties & to answer the
questions.
The Petitioner has sent many letters / appeals / petitions to supreme court of
india & other courts through e-mail , DARPG website & through regular mail
requesting them to consider those as PILs. But none of them were admitted ,
even acknowledgement for receipts were not given. See How duty
conscious ,our judges are & see how our judges are sensitive towards life ,
liberty of citizens , commonmen & see how careless our judges are towards
anti national crimes , crimes worth crores of rupees. That the present
petitioner has not filed any other petition (which are admitted by courts) in
any High Court or the Supreme Court of India on the subject matter of the
present petition.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
(i) Hereby , I do request the honorable supreme court of India to consider this
as a PIL for : writ of Mandamus and to issue instructions to the concerned
public servants in the following cases to perform their duties & to answer the
questions.
(ii) to pass such other orders and further orders as may be deemed
necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND,
EVER PRAY.
Kindly read full details at following web page :
https://sites.google.com/site/sosevoiceforjustice/rti-first-appeal---muda-bdakiadb ,
https://sites.google.com/site/eclarionofdalit/pil---lake-encroachment ,
PETITIONER-IN-PERSON
Former Supreme Court judge N Santosh Hegde said officers, who failed to act
against encroachment of government land, are the biggest offenders and
should be punished. People who have been living on such land for a long
time have to be protected, the former Lokayukta told Express. Excerpts from
an interview:
Do you think clearing of encroachments on lakes is justified and legal?
It is legal. The law is clear that nobody can occupy others land, including the
governments. But whether it is justified... can justice be served by disturbing
people who were there for 20 to 25 years having invested their money?
Today, if they are to be dislodged from there, they become shelterless. On
the one hand, you cant allow state lands to be occupied and on the other,
equity says they had occupied it for 20 to 25 years, built houses, and have
no other property. So, we have to weigh the two. The law is blind. It generally
doesnt provide for equity.
What should be done?
The state cannot keep quiet. It also has to look after its people. It is a big
dilemma. People who have been there for a long time need to be protected.
The government can fix that time and impose a fine. In lakebeds and forest
lands, it cannot just collect a fine. The government has to first decide if such
occupation has an effect on the ecology or not. For example, dead lakes
cannot be revived. So you cannot just keep them as monuments. If it is
possible to revive, you must do it, but rehabilitate the people.
Legally, you must take the land back so that the title remains with the
government. But permit them to stay as lessees or allottees in areas where
revival of lakes is not possible or in case of forest encroachment. Impose a
fine and regularise them. I sat in protest with H S Doreswamy and A T
Ramaswamy demanding that the government take action, but we have been
saying dont remove poor people.
What about the rich?
There should be no equity for rich people. Remove their illegal construction
and leave it as a civic amenity.
Could it have been avoided?
It could have. Occupation of a lakebed is prohibited even by the BDA
(Bangalore Development Authority). The Lake Development Authority is not
allowed to be run by vested interests. Occupants offence is the least. The
person who allowed him to occupy is the biggest offender. Officers who failed
original owner on first priority . The project managers must not sell
those surplus lands to third parties for a premium .
Even when KIADB ,BDA ,MUDA & other authorities acquire lands
from farmers ,for constructing industrial parks or residential
layouts , etc , has framed comprehensive development plans (CDP)
for their respective cities , clearly demarcating land usage pattern .
However after acquisition of land , the KIADB , BDA , MUDA , etc are
selling those very lands to private third parties for different land
usage purposes ,completely violating CDP. Are these KIADB , BDA ,
BBMP , MUDA ,MCC real estate agents of Rich people ?
: https://sites.google.com/site/sosevoiceforjustice/chief-justiceabove-law
Jai Hind. Vande Mataram.
Date : 05.03.2015
Place : Mysuru
Yours sincerely,
Nagaraja.M.R.
lakes & ponds built decades ago , let alone build one. These
Public servants have extended their tacit support to building
mafia , to kill these lakes & ponds , to fill those lakes with
industrial effluents , sewage & building mud wastes. After killing
those lakes & ponds , the building mafia encroaches on it & usurps
that public property in turn selling it for crores of rupees.
3.
To immediately stop all flow of industrial effluents & sewage
to these lakes & ponds.
4.
To initiate criminal prosecution against encroachers of these
lakes & pollters , killers of these lakes.
5.
To preserve the said lakes & ponds , by recovering cost from
encroachers , polluting industries and the co-conspirators Mysore
DC , Mysore Tahsildar , MUDA Commissioner , KIADB Officer &
Jurisdictional Police Officers.
6.
To protect me , my family members & dependents from land
mafia & co-conspirators of the crime.
7.
To order , to issue Writ of Mandamus to Mysore District
Magistrate , MUDA Commissioner & KIADB Officer to disclose all the
information sought by me in my RTI request publicly. The copy of
my RTI request is reproduced below.
Date : 17.11.2012
Sincerely,
Yours
Place : Mysore
Nagaraja.M.R.
http://www.change.org/petitions/honourable-supreme-court-of-indiasave-hebbal-lake-save-beml-quarters-lake-in-mysore#
To,
Honourable Chief Justice of India ,
c/o Registrar,
Supreme Court of India,
New Delhi.
Honourable
sir ,
for
HONESTY
of
Rich builders , crooks in their greed for more money ( knowing fully well
the illegalities ) have constructed buildings on public land , constructed
buildings violating the building bye-laws. Now , those crooks are earning
lakhs of rupees rental income . The government law enforcement agencies
were mum , didnt demolish such buildings in time , allowing time for crooks
to benefit from anticipated regularisation. However the same government
agencies have not shown kind consideration to poor people who have
These building bye-law violators , Land grabbers are not poor people living
below poverty line earning only rupees 32 per day as per planning
commission of india. These rich crooks dont deserve sympathy , kind
consideration as they have committed the crime knowing fully well the
illegalities and they can bear the loss due to the demolition of their illegal
buildings. The government must also recover rent & other monetary gains
made out of those illegal buildings by the builder.
The recent move of Government of Karnataka to regularize building byelaw violations & Public Land Grabbers amounts to :
1.
2.
3.
Double standards in law one set for rich & one set for the poor.
4.
5.
Total disregard to safety of people in the neighbourhood and people
using roads passing by those illegal buildings.
"Power will go to the hands of rascals, , rogues and freebooters. All Indian
leaders will be of low calibre and men of straw. They will have sweet tongues
and silly hearts. They will fight among themselves for power and will be lost
in political squabbles . A day would come when even air & water will be
taxed." Sir Winston made this statement in the House of Commons just
before the independence of India & Pakistan. Sadly , the forewarning of Late
Winston Churchill has been proved right by some of our criminal , corrupt
peoples representatives , police , public servants & Judges. Some of the
below mentioned public servants fall among the category of churchills
men Rogues , Rascals & Freebooters.
We salute honest few in public service , our whole hearted respects to them.
HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS /
ANSWERS TO THE FOLLOWING QUESTIONS WHICH IN ITSELF ( ie answers )
ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE
OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND ,
LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH
ARE VIOLATING PEOPLES FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO
HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS
IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT
FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM ,
UNDERWORLD & CRIMINALS.
READ DETAILS AT :
https://sites.google.com/site/eclarionofdalit/wheeling-dealing-judges-police ,
https://sites.google.com/site/sosevoiceforjustice/judges-cover-up-land-scams
,
https://sites.google.com/site/sosevoiceforjustice/land-grabbers-in-m-u-d-a ,
Main A :
1.
The land encroachments & illegal buildings and its continued
existence since years is not possible without tacit , covert support of
jurisdictional revenue officials. What disciplinary action has been taken
against concerned officials with respect to each case of land encroachment
& illegal buildings , case wise ?
2.
If not , why ?
3.
Is not land AKRAMA SAKRAMA SCHEME itself illegal ?
4.
Is not the move of government of Karnataka to legalise land
encroachments & illegal buildings , in itself illegal ?
5.
Till date in some cases of land encroachers are evicted & some
buildings violating building byelaws demolished , you could have spared
them to enjoy the benefit of land akrama sakrama scheme. Why you didnt
spare them ?
6.
Is this scheme applicable for only chosen few ?
7.
Does this scheme also benefit rich people above BPL ?
8.
Does this scheme also benefit big land developers , land developing
companies ?
9.
To my previous RTI appeals to MUDA , BDA only partial information was
given , conveniently hiding the truth. Is it not violation of RTI act ?
10. Does not hiding information about land crimes , in itself also a crime ?
11. I have shown in detail some land crimes in Karnataka. What action by
government of Karnataka , casewise ?
12. https://sites.google.com/site/sosevoiceforjustice/judges-cover-up-landscams ,
13. https://sites.google.com/site/sosevoiceforjustice/land-grabbers-in-m-u-da ,
14. Does not hiding a land crime , embolden land grabber to commit more
land crimes ?
Main B : RTI QUESTIONS Mysore DC , COMMISSIONER OF MUDA ( MYSORE
URBAN DEVELOPMENT AUTHORITY ) & COMMISSIONER OF MCC
( MYSORE CITY CORPORATION ) ARE AFRAID TO ANSWER
1. how many times since 1987 , MUDA / MCC / GOVERNMENT has revised /
modified the mysore city's comprehensive city development plan ?
2. how many cases of CDP violations were registered by MUDA / MCC /
GOVERNMENT since 1987 till date ?
3. how many cases of CDP violations were legalized in the CDP revision /
modification by the authorities ?
4. when an application for alienation of land is made to you , say from civic
amenity site to commercial , what norms are followed by MUDA / MCC /
GOVERNMENT ?
5. how do you provide alternate civic amenity site in the locality , if the area
is already full ? do you deprive people of civic amenities ?
6. during such alenation , is the MUDA / MCC / GOVERNMENT collecting
market rate difference between civic amenity site & commercial site ? if not
why ?
7. in mysore city , many building complexes , buildings have been built fully
violating building bye-laws no set off , no parking space , no emergency fire
exit , no earthquake tolerant . what action by MUDA / MCC / GOVERNMENT ?
8. how many cases of building bye-laws violations has been registered by
MUDA / MCC / GOVERNMENT since 1987 ? what is the action status report
yearwise ?
9. how much of MUDA's / MCC's / GOVERNMENT's lands , sites , buildings &
houses have been illegally occupied by criminal tresspassers since 1987 ?
10. has the MUDA / MCC / GOVERNMENT registered criminal cases against
each such illegal occupation ? if not why ? provide status report yearwise ?
11. in how many cases of such illegal occupation MUDA / MCC /
GOVERNMENT has legalized , regularized such illegal occupation just through
MUDA's / MCC's resolution instead of of reallotting the same through public
notification to the next senior most in the waiting list , after giving notice of
allotment cancellation to original allottee ? if not done so why ?
12. has the MUDA / MCC / GOVERNMENT followed all legal norms in
reallotment of lands , sites , houses , etc to the illegal occupiers ? what is the
procedure followed ?
13. in mysore city , numerous housing societies & real estate Developers
have mushroomed , Land allotments of how many housing societies , real
estate firms among them are legally authorized by MUDA , MCC ,
GOVERNMENT & how many not ? since 1987 till date ?
14. has the MUDA / MCC / GOVERNMENT filed criminal complaints against
such illegal housing societies & illegal real estate firms ? if not why ?
15. what action MUDA / MCC / GOVERNMENT has initiated against real estate
firms & housing societies who have violated MUDA norms , layout plans ,
etc ? if not why ?
16. the government has framed building bye-laws like width of road , space
for civic amenities , parking space , emergency fire exit , etc keeping high in
the mind safety of people first. MUDA / MCC / GOVERNMENT is in the practice
of levying a pittance as penalty on the building byelaw violators , layout
Development plan violators & legalizing those
violations. Safety of public & amenities of public are totally neglected by
MUDA / MCC / GOVERNMENT . When public people die , suffer injuries /
accidents say during a fire tragedy in a complex due to lack of fire exit ,
when people park vehicles on pavement in front of a business complex as
the complex doesn't have a parking space of it's own , the pedestrians going
that way are forced to come down on road resulting in accidents , injuries &
deaths . is not the MUDA / MCC / GOVERNMENT responsible for those
accidents , injuries & deaths ?
17. what is the criteria adopted by MUDA / MCC / GOVERNMENT for out of
Turn allotment of Lands , sites , houses to renowned sports persons , judges ,
by a single firm or single owner. Are these actions legal ? some of these real
estate agents have sold those lands to private industries , multinational
companies for crores of rupees. Has the MUDA / MCC /
GOVERNMENT given alienation of land ie conversion from agricultural to
industrial usage. Has KIADB given consent to it ?
39. can a single individual / firm can purchase such vast tracts of agricultural
lands , is it legal ? is it within the KIADB's
comprehensive industrial area development plan ?
40. has the MUDA / MCC , KIADB given wide publicity , public notice calling
for objections before alienation of such lands ?
41. are all those alienations , strictly in conformance to MUDA's / MCC's CDP
& KIADB's industrial area development plan ? violations how many ?
42. is the MUDA & KIADB revising / modifying CDP & INDUSTRIAL AREA
DEVELOPMENT PLAN , to suit those real estate developers & Private
companies ? on what legal grounds ?
43.what action has been taken based on mysore district magistrate
mr.T.M.Vijaya Bhaskar's report on land grabbings in mysore ?
44.in mysore city , hebbal-hootagalli industrial area , a lake has been
destroyed while building kaynes hotel , hinkal lake is shrinking , lake in front
of BEML Quarters has been alloted to M/S THRILLER CLOTHING CO, are all
these actions legal & in conformance to MUDA's CDP ? if not why ? what
action ?
45. while auctioning off the lands of sick industrial unit M/S IDEAL JAWA LTD ,
was there any pre-qualification to bidders that after purchase of lands only it
must be used for industrial use or only industries can participate in the
bidding process ?
46.why not it has been clearly mentioned in the tender document that , said
land is open for alienation ?
47. about this issue , our publication has even raised it's objections , in it's
newspaper . no action , why ? as a result , the government , banks ,
employees were cheated off their dues & the private firm made huge profits.
is this auction & alienation legal ?
48.numerous NGO's , trusts promoted by religious bodies , mutts are allotted
prime lands at preferrential rates , for the reason that they will use it for
public / social welfare. however many of the trusts are using the whole or
part of the land for commercial purposes other than the stated public / social
welfare purpose. what action has been taken by MUDA , MCC or government
in such cases ?
49.how many trusts have violated government norms in this way since 1987
till date? what action taken by MUDA , MCC & government action taken
report yearwise since 1987 till date ?
50.how many such illegalities / violations by trusts are regularized by MUDA ,
MCC or authorities , on what legal grounds ? ATR since 1987 till date ?
51.before regularizing such violations have you sought public objections &
given media publicity ? if not why ?
52.how you are monitoring the net wealth growth of some MUDA / MCC /
REVENUE officials & their family members , who have land acquisition /
denotifying , land usage conversion authorities ?
53.how many trusts , NGOs are allotted prime residential / commercial lands
by MUDA / MCC / GOVERNMENT on lease basis , in turn the said trusts , NGOs
have sulet it either partly or wholly to others ?
54.how many such lease allotments are sold by MUDA / MCC / GOVERNMENT
before the expiry of lease period , without public auction ?
55. what are the norms followed by MUDA / MCC / GOVERNMENT for the sale
of leased lands to the lessee before the expiry of lease period ?
Main C : RTI QUESTIONS COMMISSIONER OF BANGALORE DEVELOPMENT
AUTHORITY ( BDA ) , COMMISSIONER , BRIHATH BANGALORE MAHANAGARA
PALIKE ( BBMP ) & CHAIRMAN , KARNATAKA INDUSTRIAL AREA DEVELOPMENT
BOARD ( KIADB) ARE AFRAID TO ANSWER
1. how many times since 1987 , BDA / BBMNP / KIADB / GOVERNMENT has
revised / modified the Bangalore city's comprehensive city development plan
?
2. how many cases of CDP violations were registered by BDA / BBMNP /
KIADB / GOVERNMENT since 1987 till date ?
3. how many cases of CDP violations were legalized in the CDP revision /
modification by the authorities ?
4. when an application for alienation of land is made to you , say from civic
amenity site to commercial , what norms are followed by BDA / BBMNP /
KIADB / GOVERNMENT?
5. how do you provide alternate civic amenity site in the locality , if the area
is already full ? do you deprive people of civic amenities ?
6. during such alenation , is the BDA / BBMNP / KIADB / GOVERNMENT
collecting market rate difference between civic amenity site & commercial
site ? if not why ?
7. in bangalore city , many building complexes , buildings have been built
fully violating building bye-laws no set off , no parking space , no
emergency fire exit , no earthquake tolerant . what action by BDA / BBMNP /
KIADB / GOVERNMENT?
8. how many cases of building bye-laws violations has been registered by
BDA / BBMNP / KIADB / GOVERNMENT since 1987 ? what is the action status
report yearwise ?
9. how much of BDA / BBMNP / KIADB / GOVERNMENT lands , sites , buildings
& houses have been illegally occupied by criminal tresspassers since 1987 ?
10. has the BDA / BBMNP / KIADB / GOVERNMENT registered criminal cases
against each such illegal occupation ? if not why ? provide status report
yearwise ?
11. in how many cases of such illegal occupation BDA / BBMNP / KIADB /
GOVERNMENT has legalized , regularized such illegal occupation just through
BDA / BBMNP / KIADB / GOVERNMENT ` s resolution instead of of re-allotting
the same through public notification to the next senior most in the waiting
list , after giving notice of allotment cancellation to original allottee ? if not
done so why ?
12. has the BDA / BBMNP / KIADB / GOVERNMENT followed all legal norms in
reallotment of lands , sites , houses , etc to the illegal occupiers ? what is the
procedure followed ?
13. in bangalore city , numerous housing societies & real estate Developers
have mushroomed , Land allotments of how many housing societies , real
estate firms among them are legally authorized by BDA / BBMNP / KIADB /
GOVERNMENT & how many not ? since 1987 till date ?
14. has the BDA / BBMNP / KIADB / GOVERNMENT filed criminal complaints
against such illegal housing societies & illegal real estate firms ? if not why ?
15. what action BDA / BBMNP / KIADB / GOVERNMENT has initiated against
real estate firms & housing societies who have violated BDA / BBMNP / KIADB
/ GOVERNMENT norms , layout plans , etc ? if not why ?
16. the government has framed building bye-laws like width of road , space
for civic amenities , parking space , emergency fire exit , etc keeping high in
the mind safety of people first. BDA / BBMNP / KIADB / GOVERNMENT is in the
practice of levying a pittance as penalty on the building byelaw violators ,
layout Development plan violators & legalizing those violations. Safety of
public & amenities of public are totally neglected by BDA / BBMNP / KIADB /
GOVERNMENT. When public people die , suffer injuries / accidents say
during a fire tragedy in a complex due to lack of fire exit , when people park
vehicles on pavement in front of a business complex as the complex doesn't
have a parking space of it's own , the pedestrians going that way are forced
to come down on road resulting in accidents , injuries & deaths . is not the
BDA / BBMNP / KIADB / GOVERNMENT responsible for those accidents ,
injuries & deaths ?
17. what is the criteria adopted by BDA / BBMNP / KIADB / GOVERNMENT for
out of Turn allotment of Lands , sites , houses to renowned sports persons ,
judges , journalists , politicians , artists , etc ?
18. how many judges , artists , politicians , journalists , sports persons , etc
have benefited from these out of turn allotments by BDA / BBMNP / KIADB /
GOVERNMENT? specific figures yearwise since 1987 ?
19. what action has been taken against developers , housing societies , who
have violated BDA / BBMNP / KIADB / GOVERNMENT norms ?
20. when poor scheduled caste , scheduled tribe people , minority people
illegally live On BDA / BBMNP / KIADB / GOVERNMENT sites building
temporary huts , BDA / BBMNP / KIADB / GOVERNMENT with the help of
police razes down those huts & evicts the poor by brute force. Whereas ,
when cronies of political bigwigs illegally occupy BDA / BBMNP / KIADB /
GOVERNMENT lands worth crores of rupees & build big complexes earning
thousands of rupees monthly rent , BDA / BBMNP / KIADB / GOVERNMENT or
authorities not even files police complaint against them instead regularizes
the illegal occupation by levying a pittance as fine. Why this double standard
by BDA / BBMNP / KIADB / GOVERNMENT?
21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by BDA /
BBMNP / KIADB / GOVERNMENT since 1987 till date ? yearwise figures ?
22. how much of BDA / BBMNP / KIADB / GOVERNMENT lands , sites , houses
are under illegal occupation ? status report yearwise since 1987 ?
23. how much of those has been recovered ? has the BDA / BBMNP / KIADB /
GOVERNMENT arecovered the rents earned by illegal occupation ?
24. have you filed police complaints against those criminals tresspassers ?
if not why ?
25. is the BDA / BBMNP / KIADB / GOVERNMENT giving wide publicity &
sufficient time to bidders about it's auction schedules ?
26. is the BDA / BBMNP / KIADB / GOVERNMENT giving market value to land
loosers ?
27. is the BDA / BBMNP / KIADB / GOVERNMENT exactly using the acquired
lands , for the same purpose mentioned in the project plan ?
28. is the BDA / BBMNP / KIADB / GOVERNMENT acquiring lands at lower
rates from farmers & selling it at a premium , by way making profits just like
a real estate agency ?
29. in villages , there are cattle grazing grounds meant for the usage of
whole villagers, forest for the usage of whole village , lands belonging to
village temples. Some villagers have donated their personal lands to village
temples , cattle grazing for the benefit of whole villagers. All the villagers are
stake holders , owners of such lands. When BDA / BBMNP / KIADB /
GOVERNMENT acquires such lands to whom does it pay compensation ? what
about welfare objectives of those lands ?
30. till date , how many lakes , ponds , how many feeder canals have been
closed , filled with mud , developed , sold as sites , etc by BDA / BBMNP /
KIADB / GOVERNMENT or other land developers ?
31. has the BDA / BBMNP / KIADB / GOVERNMENT taken alternate steps to
create new lakes , ponds ? how many are created till date ?
32. in & around bangalore city , high tension electric lines are there in busy
residential areas . as per Indian electricity act , no permanent structures
should be under the HT lines. However there are buildings under it. In some
places , HT lines runs in the middle of the road. The authorities Have
developed those areas beneath HT lines as parks , rented out advertisement
spaces & built permanent fencing of those areas spending lakhs of
taxpayer's money. This fencing obstructs the movement of service personnel
of electricity board , to service HT line. Are all these structures under &
surrounding HT lines legal ?
33. till date how many burial grounds are acquired & sold as sites by BDA /
BBMNP / KIADB / GOVERNMENT or other developers ? specific figures
yearwise since 1987 castewise , religionwise ?
34. in & around bangalore city , in how many areas developed by BDA /
BBMNP / KIADB / GOVERNMENT & private developers , the sewage water
45. while auctioning off the lands of sick industrial unit M/S IDEAL JAWA LTD ,
was there any pre-qualification to bidders that after purchase of lands only it
must be used for industrial use or only industries can participate in the
bidding process ?
46.why not it has been clearly mentioned in the tender document that , said
land is open for alienation ?
47. about this issue , our publication has even raised it's objections , in it's
newspaper . no action , why ? as a result , the government , banks ,
employees were cheated off their dues & the private firm made huge profits.
is this auction & alienation legal ?
48.numerous NGO's , trusts promoted by religious bodies , mutts are allotted
prime lands at preferrential rates , for the reason that they will use it for
public / social welfare. however many of the trusts are using the whole or
part of the land for commercial purposes other than the stated public / social
welfare purpose. what action has been taken by BDA / BBMNP / KIADB /
GOVERNMENT in such cases ?
49.how many trusts have violated government norms in this way since 1987
till date? what action taken by BDA / BBMNP / KIADB / GOVERNMENT action
taken report yearwise since 1987 till date ?
50.how many such illegalities / violations by trusts are regularized by BDA /
BBMNP / KIADB / GOVERNMENT, on what legal grounds ? ATR since 1987 till
date ?
51.before regularizing such violations have you sought public objections &
given media publicity ? if not why ?
52.how you are monitoring the net wealth growth of some BDA / BBMNP /
KIADB / GOVERNMENT officials & their family members , who have land
acquisition / denotifying , land usage conversion authorities ?
53.how many trusts , NGOs are allotted prime residential / commercial lands
by BDA / BBMNP / KIADB / GOVERNMENT on lease basis , in turn the said
trusts , NGOs have sulet it either partly or wholly to others ?
54.how many such lease allotments are sold by BDA / BBMNP / KIADB /
GOVERNMENT before the expiry of lease period , without public auction ?
55. what are the norms followed by BDA / BBMNP / KIADB / GOVERNMENT for
the sale of leased lands to the lessee before the expiry of lease period ?
questions-to-chie\
f-minister
Land and property are coveted assets. So why are chief ministers allowed to
give these away as favours? JEEMON JACOB tracks how Tamil Nadu Chief
Minister M Karunanidhi has been using his quotas
IN NOVEMBER, Chief Minister of Karnataka BS Yeddyurappa almost lost his
job, due to the uproar over preferential allotment of land and property to his
sons and close associates. He has since cancelled the allotments, asked his
children to move out of his official residence, and retained his seat through
some deft political manoeuvring and muscle-flexing. At the height of the
campaign against him, as political opponents paraded on apparent moral
high ground, TEHELKA published details of plots similarly allotted by previous
Karnataka chief ministers, both of the Congress
and the JD(S), to relatives, servants, drivers,
ILLUSTRATION: ANAND
maids and partymen (LAND SCAM 2.0, 4
NAOREM
December). The purpose was not to make
Yeddyurappas wrongdoings look less shocking, but to show that the problem
was endemic and needed rooting out. The right given to chief ministers to
hand out public land to a favoured few relatives, bureaucrats, judges,
police officers and others smacks of nepotism and arbitrary feudal power
structures that should have no place in a modern democracy. (Though there
is no immediate proof of this, some of these allotments could also
be benamitransactions, in which the ultimate ownership remains with the
distributor of the largesse, camouflaged by a stack of fake documents.)
This power euphemistically called discretionary quota has even been
used to favour allegedly corrupt army officers like General Deepak Kapoor
(AT EASE WITH GREASE, TEHELKA, 20 November), who was given a large 500
sq yd plot in Haryana by the Hooda government, which then faced the
embarrassment of refusing him permission to sell it off before five years had
elapsed, as per rules. The plot was given to him by the government as
preferential allotment in recognition for his outstanding achievement.
This week, continuing its campaign against out-of-turn allotments of land and
property, TEHELKA has an expos on Tamil Nadu Chief Minister M
Karunanidhi. The Tamil Nadu Housing Board (TNHB) which commands a large
Legal Largesse
R Bhanumathi
Serving Judge, Madras High Court
FLAT NOS: MIG 249-250, SHOLINGANALLUR PHASE III, CHENNAI
DATE: 30 MARCH 2008
SIZE: 120 SQ M & 139 SQ M
PRICE: Rs. 27.55 LAKH & Rs. 30.05 LAKH
CURRENT MARKET PRICE: NA
VIOLATIONS
The judge was allotted two adjoining plots on the same day (30 March
2008). According to her Disclosure of Assets statement of 2009, the
judge already had a house in her name, and another plot in her
husband, advocate K Ganesans name. The house, in the Uthangarai
area of Krishnagiri district, was constructed in 1985 on a plot
purchased in 1982. The plot of land is located in Saidapet and was
purchased in 1993. She however admits in her declaration that she
owns two plots, which she purchased from the TN Housing Board in
2008. But this allocation was made under the General Category. Since
judges do not come under any of the quota categories, the
governments way of allotting land to them differs from the rest.
Judges are informed about the availability of land. And when they
apply for the same, the government facilitates the allotment.
K Raviraja Pandian
Retired Justice, Madras High Court
PLOT NO: B2/5, THIRUVANMIYUR EXTENSION
DATE: 11 NOVEMBER 2009
SIZE: 3,117 SQ FT
PRICE: Rs. 68.54 LAKH
CURRENT MARKET PRICE: Rs. 3.2 CRORE
VIOLATIONS
Close relative of DMK supremo Karunanidhi and the Chairman of the
School Fee Determination Committee. Little wonder then he was also
the recipient of special favours while he was still a serving judge. At
the time of the allotment, the judge owned a 50 percent share in an
ancestral house at Thiruveezhimizhalai village. The judge had also
sold a property he owned at Pazhavatthankattali village near
Kumbakonam. The land was purchased in 1991, a house was
constructed on it in 1992 and sold in 2009. He had also sold the
landed property of his wife in 2009.
V Ambika
Advocate
PLOT NO: A8, KADAPERY, MADHURANTHAGAM
DATE: 16 FEBRUARY 2008
SIZE: 2,285 SQ FT
PRICE: Rs. 4.54 LAKH
CURRENT MARKET PRICE: Rs. 15 LAKH
VIOLATIONS
The advocate owned landed property in more than one location when
she was allotted the plot one vacant house site in Karanai
Puducheri village and another in Katrampakkam village, in
Kancheepuram district. Her husband, Justice M Satyanarayanan of the
Madras High Court, in his Disclosure of Assets, stated that he owns a
repurchased MIG flat constructed in 1969 at Indra Nagar in Chennai.
Ambika was allotted land under the GDQ.
Bureaucratic Bonanza
Jaffar Sait
IGP-Intelligence
FLAT NOS: 540, THIRUVANMIYUR, KAMARAJ NAGAR
DATE: 23 APRIL 2008
SIZE: 4,756 SQ FT
PRICE: Rs. 1.26 CRORE
CURRENT MARKET PRICE: Rs. 6 CRORE
VIOLATIONS
Allotted under unblemished government servant category. On 6 June
2008, the government transferred the ownership of the plot to his
daughter Jennifer Jaffar, then a student. Jennifer made two payments
of Rs. 46.03 lakh and Rs.1.73 lakh towards cost of the plot. In
February 2009, she paid another Rs.60 lakh. After having paid Rs.1.07
crore, the ownership of plot was transferred to her mother Parvin
Jaffar. Interestingly, Parvin also made the payment all over again. In
October 2009, she paid Rs. 50.64 lakh and then again in November
2009, another Rs. 25 lakh was deposited. A further payment of Rs.
51.5 lakh in the same month was made. Income tax officials feel the
Sait family made the double payment to avoid an IT investigation on
Jennifer, who would not have been able to show any source of
income. The Tamil Nadu Housing Board then returned the original
amount paid by Jennifer. Now, Parvin in collaboration with Durga
Sankar, son of an IAS officer, has commissioned a builder to construct
a multi-storey complex in which 12 flats have already been built. Each
flat is expected to fetch an estimated 1 crore. So, by paying Rs. 1.26
crore in 2009, the IGPs family made a profit of more than Rs. 5.7
crore.
G Prakash
Joint Secretary, Industries
PLOT NO: S6, THIRUVANMIYUR EXTENSION
DATE: 6 MAY 2008
SIZE: 3,829 SQ FT
PRICE: Rs. 76.58 LAKH
CURRENT MARKET PRICE: Rs. 4 CRORE
VIOLATIONS
The former district collector of Tirunelveli issued himself a certificate
for unblemished government service.
CK Gariyali
Retired IAS, Secretary to Governor at the time of allotment
FLAT NOS: S4, THIRUVANMIYUR EXTENSION
DATE: 7 MAY 2008
SIZE: 6,023 SQ FT
PRICE: Rs. 1.20 CRORE. PAYMENT WAS MADE IN 33 INSTALMENTS
FROM 18 JULY 2008 TO 6 MARCH 2009
CURRENT MARKET PRICE: Rs. 6.8 CRORE (APPROX)
VIOLATIONS
Her husband Dr S Rajakumar has a house in Chennai.
Sumathi Ravichandran
Former Regional Passport Officer, Chennai, and close relative of DMK
minister K Anbazhagan
PLOT NO: 1050 HIG, MOGAPPAIR
DATE: 28 MARCH 2008
SIZE: NA
PRICE: Rs. 59.15 LAKH
CURRENT MARKET PRICE: Rs. 1 CRORE
VIOLATIONS
Her husband Dr S Ravichandran owns a plot. Following an RTI probe,
the TNHB issued a show-cause notice and placed the allotment under
suspension.
Political Perks
L Ganeshan
Former MP, who left Vaiko to join DMK
FLAT NOS: 1052 HIG, MOGAPPAIR
M Ilamukil
IT Manager, DMK HQ, Chennai
VIOLATIONS
Allotted flat under the Social Worker category on a certificate issued
by the Lions Club. The certificate states that he is participating in
social service activities of Lions Club at blood donation camp, free
health camps for the past several years.
Ilanthendral
Ilamukils sister
VIOLATIONS
Allotted HIG flat under the Social Worker category on the basis of a
certificate issued by a panchayat, which is not valid.
N Kannabiran
Junior attendant at the Supreme Court
VIOLATIONS
Allotted flat under the Social Worker category. Kannabiran, a Delhi
resident, was issued a salary certificate by the SC registrar for
purchasing land in Tamil Nadu. He was allotted on the
recommendation of his superior, who has close links with the DMK.
C Ganeshan and C Vinothan
PSOs, CMs Security
VIOLATIONS
Allotted flats under the unblemished government servants category.
Documents reveal the Superintendent of Police, Security Branch,
Chennai, issued vague conduct certificates after the duo were allotted
the flats provisionally.
P Meena
W/O P Pandian, PSO, CMs Security
VIOLATIONS
Allotted flat under the Social Worker category. She produced a letter
from MS Velu of the Lions Club, who liberally issued certificates for
sons and daughters of bureaucrats to help them avail of prime plots
allotted by the TN Housing Board out of the government discretionary
quota.
PHOTOS: THE HINDU, JEEMON JACOB
Reactions to Land Scam 3.0
D Yashoda, Congress MLA, Kancheepuram
I have done a lot of work for Dalits throughout Tamil Nadu, especially
in Sriperumbudur and Chennai. I have helped them in getting pattas for
their land, recommending their names for loans from banks,
distributing cycles to Dalits on the birthdays of Jawaharlal Nehru and
Indira Gandhi.
Jaffar Sait, IPS, IG-Intelligence
Government agencies have already probed the matter. I am being
governed by the conduct rules, so I should not talk to you about the
issue. It is advisable that you seek a response from the Tamil Nadu
government. I would like to add that if any defamation or liability arises
out of your article, necessary legal action would be taken.
P Moorthy, Madurai MLA
I dont know much about the certificate, I think I got the plot because
Im an MLA. I have done a lot of work in uplifting the people in villages
of my constituency. That amounts to social work. I dont need a social
work certificate from the Lions Club but my friends, partners and I took
the certificate anyway.
Why are bureaucrats, judges, former judges and politicians given housing
plots in posh localities under government discretionary quota?
Who can refuse a good piece of land in Chennai city? Its a way of rewarding
people for good work done. No inquiry has been conducted in this matter so
far. Discretionary quota is the prerogative of the government. After RTI came
into existence, several activists are taking up the matter in court. Basically,
there is no control mechanism or checks and balances. There is little
transparency while awarding the GDQ the plots are allotted without formal
applications.
You were also allotted a plot in 2008 under the unblemished government
servant category. What happened to the allotment?
Yes, I was allotted a plot in Thiruvanmiyur Extension. Initial payment for the
plot was Rs. 25 lakh. I never had that much money. So I requested the
government to reduce the price. But there was no response. I did not want a
house to compromise my integrity. So I never took possession. Later, in
2009, the government ordered a vigilance inquiry against me and cancelled
the allotment. Frankly, I was not aware about the TNHB rules that bars a
person having a plot, a flat or a house from claiming another plot.
Do you think the GDQ quota is a way of silencing people, buying them out?
Yes, it is a way of making you a part of the syndicate. Plots or flats are given
to those civil servants, judges or relatives of the bureaucrats or politicians for
complying with certain requirements. There is no procedure for IAS or IPS
officers to get a land or plot or flat in a transparent manner. So everybody
uses short cuts.
When asked why the discretionary quota was used to make the allotments,
Sameer Dey, former Orissa urban development minister, said, The Orissa
act does not have any such rule. There is 5 per cent and 10 per cent
allocation in discretionary quota. Apart from that we dont have any rule.
Kanak Vardhan Singh Deo, former Orissa urban development minister, said,
The rule is that only those who apply for the project can be allotted land
via Discretionary Quota. So if any such person does not apply what can we
do?
CNN-IBN has also found that many of the judges who were allotted land
through the discretionary quota already own ancestral property in Cuttack.
Yet the ministers were allotted the land they asked for.
During the auction of above sick industry the land usage was for
industrial purpose only. so, people with other commercial objectives
were not allowed to participate in the auction. Thereby, the final
auctioned amount was very much less than the market value. This
has a direct bearing on employees of that industry , lending banks ,
govt dept , etc who have all put forward their claims for dues from
that industry. noW, all of them are getting very much less than what
is due from the closed company. A loss of crores of rupees to banks ,
government , employees has been made by the cunningness of civic
bodies.
Now in a backdoor move the M.U.D.A , K.I.A.D.B , M.C.C are moving
to give land usage conversion to the new occupier, who is building
posh villas & resorts here. Is it right & justified ? should not they
The land mafia which has links with political leadership & top govt
servants in the state, is running business widely in & around
bangalore,mysore & other major towns. The authorities like city
corporation , B.D.A, M.U.D.A , K.I.A.D.B , etc are denotifying the
lands meant for public welfare in favour of land mafia. The
authorities have earmarked these lands for public welfare ie parks ,
schools , hospitals at the planning stage itself for current & future
needs of the people. In most cases the land mafia has illegally
occupied the lands , built commercial complexes & sold it for crores
of rupees.
8. After denotification the land must be sold at the market rate not
the govt rate.
14. To make public the report of past district magistrate mysore mr.
T.M. VIJAYA BHASKAR about illegal land dealings in & around
mysore. Also the action taken report.
1. this road is not for free public use, but only for those who pays
the toll fees.
3.
5. The govt has not paid the prevailing market value to the land
loosers.
6. The govt has not given the option to land owners not to sell
their property.
7.
This whole project is for rich , built by the rich for the rich &
not meant for public welfare.
The govt must give back the lands to the owners who wants it back
& must pay the market value to those willing to sell. As this project
is built by wealthy people for wealthy people why cann't they
cough- up market value?
The B.D.A flouts it's own rules & spreads red carpet for big land
developers & land grabbers. B.D.A posting is a huge money spinner
for corrupt officials. The corrupt B.D.A officials work hand in glove
with criminal elements & rowdies. They illegally evict genuine
allottees who are poor & without any connections from allotted
prime lands & sell-off those prime land to the highest bidder of
bribe. The poor fellow is re-alloted lands in backward areas & in
some cases left in the lurch.
Now , take the following case. Mr. S.D. chandrashekaraiah a poor old
man aged around 80 years was allotted with house no.185,
kumaraswamy lay-out, first block, bangalore in 1978 vide letter no.
310/267/BDA/ADM/KMRSL(H)/78-79 dt 11/08/1978.
The chairman of B.D.A has allotted the built house on lease cum sale
basis. The poor old man mr. S.D.chandrashekaraiah complied with
all the rules & in accordance with it even deposited 25% of the
house cost in B.D.A'S account. However when he went over to his
allotted house for residing in it, he found out some rowdy elements
were already residing there. He complained about this matter to the
legal owner of the house ie B.D.A . the B.D.A officials didn't take
steps to evict the illegal encroachers nor did they make any
complaint to the police. His appeals to B.D.A, chief minister of
karnataka , etc fell on deaf ears. Hurt by this gross injustice &
mounting financial burdens the poor old man died.
Till date, that poor woman is suffering from these gross injustices of
B.D.A . SHAMELESS B.D.A OFFICIALS who take thousands of rupees
salary & perks every month, all at the expense of tax-payer has not
even cared to rectify the injustice. Thereby, they are violating the
poor woman's fundamental & human rights.
Many real estate agents are entering into politics and want to contest
elections.
This is a big lobby and they can spend crores.
It is a scary trend and we need to stop it, he added.