SOS e Clarion Of Dalit

December 26, 2016

JAIL the Police & Judges

Filed under: dalit human rights — Nagaraja M R @ 12:26 pm

S.O.S   e – Clarion  Of  Dalit  –  Weekly  Newspaper  On  Web 

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.10 issue.52… .04 / 01 / 2017

 

Traitors  in   Indian  Judiciary & Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police

 

Crimes  by  Khaki

https://www.scribd.com/document/334590032/Crimes-by-Khaki  ,

 

 

 

Editorial :  JAIL  the  Police & Judges

–  Human Rights Violations by  Judges & Police

 

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.  just think , if a judge himself that too  of apex court of the land  himself  commits crime – violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?   

  Public Interest Litigation is an appeal  for justice  to the courts , to redress  the injustices meted out to  the public.  Individual cases of injustices  pertaining to an individual are not covered under PIL, however  an individual an activist  who  is fighting for public causes  suffering  injustices  as a result of   his struggle  ,caused by powers that be to silence him  can club  his individual case under the public causes  (PIL ) he is  appealing.

 

Nowadays people of questionable character , integrity  are being selected to public posts , end result is present day india.  In the following web sites I have shown  few actual cases of crimes by judges & police , just imagine what type of justice common man gets.

Traitors  in   Indian  Judiciary & Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police

Crimes  by  Khaki

https://www.scribd.com/document/334590032/Crimes-by-Khaki  ,

Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 3rd degree torture , arrest / search  , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues  no suo motto action , delayed action inspite of complaint  allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?

Judges show their full wisdom , apply rigid law book while  judging cases of commoners , take suo motto action  where as  cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?

  

 

Our whole hearted respects to honest few in judiciary , police & public service who are an exception.

Judges & Police themselves must first learn to respect  human beings  as human beings. When you treat them like animals  they will also reciprocate do remember.  Or else  the almighty will ensure DOG’S DEATH to corrupt judges & police. On the D Day in the Almighty’s court  corrupt judges & police will face  ultimate punishment , no match fixing.

Judges & Police must do their constitutional duties  without bias , refer following case details and  act  :

 

 

Traitors  in  Judiciary &  Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police  ,

 

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.  just think , if a judge himself that too  of apex court of the land  himself  commits crime – violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?

It gives a booster dose to the rich & mighty , those in power , criminals in public service to commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically  must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI’S DREAM.

Day after day we are seeing allegations against judges  in crimes against women , sex crimes , judicial orders for money , etc in the media.  There is total secrecy in the functioning of judiciary in india  with regards to disciplinary proceedings , promotions  and selection of judges.  We the public don’t know whether proper investigation / enquiry is done in such cases of allegations against judges , what action taken against the guilty judges ?

Hereby , we demand  code of conduct for judges &  police  with  provision of  criminal prosecution of  violators.

Regard for the public welfare is the highest law (SALUS POPULI EST SUPREMA LEX).

No man shall be condemned unheard (AUDI ALTERAM PARTEM).

No man can be judge in his own cause (NEMO DEBET ESSE JUDEX IN PROPRIA SUA CAUSA).

An act of the Court  or public office  shall prejudice no man (ACTUS CURIAE NEMINEM GRAVABIT).

 

Your’s

Nagaraja Mysuru Raghupathi

 

 

Access to Justice is a fundamental right guaranteed under Article 14 & 21 of Constitution: SC Constitution Bench

 

The Constitution Bench of the Supreme Court has held that access to Justice is a Fundamental Right guaranteed to citizens by Article 14 and Article 21 of the Constitution of India. The five Judge Bench comprising of Chief Justice of India T.S. Thakur, Justices Fakkir Mohamed Ibrahim Kalifulla, A.K. Sikri, S.A. Bobde, and R. Banumathi has made the above observation while answering a reference to it, which arose from Transfer Petitions, eleven seeking transfer of civil cases from or to the State of Jammu and Kashmir while the remaining two seek transfer of criminal cases from the State to Courts outside that State. The Bench further observed that if “life” implies not only life in the physical sense but a bundle of rights that makes life worth living, there is no juristic or other basis for holding that denial of “access to justice” will not affect the quality of human life so as to take access to justice out of the purview of right to life guaranteed under Article 21. “We have; therefore, no hesitation in holding that access to justice is indeed a facet of right to life guaranteed under Article 21 of the Constitution. The Citizen’s inability to access courts or any other adjudicatory mechanism provided for determination of rights and obligations is bound to result in denial of the guarantee contained in Article 14 both in relation to equality before law as well as equal protection of laws. Absence of any adjudicatory mechanism or the inadequacy of such mechanism, needless to say, is bound to prevent those looking for enforcement of their right to equality before laws and equal protection of the laws from seeking redress and thereby negate the guarantee of equality before laws or equal protection of laws and reduce it to a mere teasing illusion. Article 21 of the Constitution apart, access to justice can be said to be part of the guarantee contained in Article 14 as well.”, the Bench added. ESSENCE OF ACCESS TO JUSTICE According to the Bench the following are the four main facets that constitute the essence of access to justice (i) The need for adjudicatory mechanism: One of the most fundamental requirements for providing to the citizens access to justice is to set-up an adjudicatory mechanism whether described as a Court, Tribunal, Commission or Authority or called by any other name whatsoever, where a citizen can agitate his grievance and seek adjudication of what he may perceive as a breach of his right by another citizen or by the State or any one of its instrumentalities. In order that the right of a citizen to access justice is protected, the mechanism so provided must not only be effective but must also be just, fair and objective in its approach. So also the procedure which the court, Tribunal or Authority may adopt for adjudication, must, in itself be just and fair and in keeping with the well recognized principles of natural justice. (ii) The mechanism must be conveniently accessible in terms of distance: The forum/mechanism so provided must, having regard to the hierarchy of courts/tribunals, be reasonably accessible in terms of distance for access to justice since so much depends upon the ability of the litigant to place his/her grievance effectively before the court/tribunal/court/competent authority to grant such a relief.  (iii) The process of adjudication must be speedy. “Access to justice” as a constitutional value will be a mere illusion if justice is not speedy. Justice delayed, it is famously said, is justice denied. If the process of administration of justice is so time consuming, laborious, indolent and frustrating for those who seek justice that it dissuades or deters them from even considering resort to that process as an option, it would tantamount to denial of not only access to justice but justice itself. In Sheela Barse’s case (supra) this Court declared speedy trial as a facet of right to life, for if the trial of a citizen goes on endlessly his right to life itself is violated. There is jurisprudentially no qualitative difference between denial of speedy trial in a criminal case, on the one hand, and civil suit, appeal or other proceedings, on the other, for ought we know that civil disputes can at times have an equally, if not, more severe impact on a citizen’s life or the quality of it. Access to Justice would, therefore, be a constitutional value of any significance and utility only if the delivery of justice to the citizen is speedy, for otherwise, the right to access to justice is no more than a hollow slogan of no use or inspiration for the citizen. It is heartening to note that over the past six decades or so the number of courts established in the country has increased manifold in comparison to the number that existed on the day the country earned its freedom. There is today almost invariably a court of Civil Judge junior or senior division in every taluka and a District and Sessions Judge in every district. In terms of accessibility from the point of view of distance which a citizen ought to travel, we have come a long way since the time the British left the country. However, the increase in literacy, awareness, prosperity and proliferation of laws has made the process of adjudication slow and time consuming primarily on account of the over worked and under staffed judicial system, which is crying for creation of additional courts with requisite human resources and infrastructure to effectively deal with an ever increasing number of cases being filed in the courts and mounting backlog of over thirty million cases in the subordinate courts. While the States have done their bit in terms of providing the basic adjudicatory mechanisms for disposal of resolution of civil or criminal conflicts, access to justice remains a big question mark on account of delays in the completion of the process of adjudication on account of poor judge population and judge case ratio in comparison to other countries. (iv) The process of adjudication must be affordable to the disputants: Access to justice will again be no more than an illusion if the adjudicatory mechanism provided is so expensive as to deter a disputant from taking resort to the same. Article 39-A of the Constitution promotes a laudable objective of providing legal aid to needy litigants and obliges the State to make access to justice affordable for the less fortunate sections of the society.

 

 

CJAR Demands In-House Enquiry Against Justice C.V. Nagarjuna Reddy For Alleged Atrocities Against Dalits

BY: APOORVA MANDHANI

 

In a letter addressed to the Chief Justice of India, the Campaign for Judicial Accountability and Reforms has sought initiation of an In-House enquiry against Justice C.V. Nagarjuna Reddy for alleged atrocities against the Dalit community. The representation refers to allegations of Dalit atrocities and criminal misconduct by the Judge against Mr.Rama Krishna, former Principal Junior Civil Judge, Rayachoti, Kadappa District, currently under suspension. Mr. Krishna had alleged that he was forced by Justice Reddy to remove the name of Mr. Pavan Kumar Reddy who happens to be the brother of Justice Reddy, from a dying declaration recorded by Mr. Rama Krishna when he was posted as Magistrate in Rayachoti. Rayachoti, in Kadappa District is the native place of Justice C.V. Nagarjuna Reddy and his brother Mr. Pavan Kumar Reddy is the Additional Public Prosecutor at Rayachoti courts. The dying declaration had incriminated Mr. Pavan Kumar Reddy, allegedly disclosing that he had doused him with kerosene and set him on fire for not agreeing to sign on a blank paper. It is also alleged that subsequent to the recording of the declaration, Justice Reddy purportedly threatened and abused Mr. Krishna, when he refused to remove his brother’s name from the dying declaration. It has also been alleged that the Magistrate was later summoned to Justice Reddy’s house, where he was beaten up and abused. The Magistrate then approached the High Court Vigilance Registrar, and submitted a written complaint, namingvarious Officers of Court at Rayachoty, who were indulged in illegal acts, misplacing court records and making files disappear. No action was however taken by the High Court on the said complaint. A complaint was also filed with the Chief Justice of the Andhra Pradesh High court and the Chief Justice of India. The representation further makes reference to a series of unexplained transfers and suspension, claiming that he was being harassment for complaining against Justice Reddy and his brothers. Furthermore, the representation alleges that the appointment of Justice Reddy’s brother as the Additional Public Prosecutor was in contravention of the provisions of Section 24 of the Criminal Procedure Code, which mandates that a person who has been practicing as an advocate for not less than seven years is eligible to be appointed as Additional Public Prosecutor. This requirement was not fulfilled in the case of Mr. Pavan Kumar Reddy. Listing down several other instances of nepotism and Dalit atrocities, CJAR therefore demands that an in-house enquiry be initiated and that pending enquiry, no judicial work be allotted to Justice Reddy.

 

 

Misconducting judges

BY: SAUMYA DEV

 

Recently, country witnessed the most unimaginable act of bravado from a sitting judge of a High Court. Recommendation for appointment of 12 judges by the collegium in the Madras High Court was questioned by Advocates and their Writ Petition was being heard by a Bench comprising of Justices V Dhanapalan and K Sasidharan. Justice Karnan, sitting judge of the same court, a man not unknown to controversies, barged into the courtroom and started making allegations in open court expressing his objections to the manner of appointment of those 12 judges. He had many other avenues to channelize his feelings, the avenues well within the four corners of judicial conduct expected from a constitutional functionary. And yet he chose this convenient option of whimsical conduct. Had been a member of subordinate judiciary, he would have been shown the door by now. No action can seemingly be taken against a sitting judge when he decides to barge into court room whilst the proceedings are in force and hurl allegations, other than transferring him to another High Court. And even this form of punishment and its form of implementation will not fail to amuse one for its absurdity. There is a general perception in the judicial community that High Court Benches of North-Eastern States are meant for accommodating such judges, which effectively demean such High Courts. Is such High Courts any inferior, or are those areas any less a part of India? These questions remain yet to be answered. Misconduct of Judges of High Court and Supreme Court is a problem with no tangible solution so far. Lawyers may boycott, the public may protest, vigilante namesake committee could be set, unrealistic impeachment proceedings may be initiated, errant judges may be transferred, and nothing beyond. We have enough provisions for disciplining the subordinate judiciary, the High Court is vested with power of superintendence. On the other hand, no disciplinary action can be taken against the judges of the Supreme Court and High Court. Let us hope that the impending the Judicial Standards and Accountability Bill, 2010 may address many areas of concern. The Constitution provides that judges of the High Courts and Supreme Court can be removed only by Parliament on the basis of a motion in either the Lok Sabha or the Rajya Sabha. The existing procedure for investigation into allegations of misbehaviour or incapacity of Supreme Court and High Court judges is given in the Judges (Inquiry) Act, 1968 The 2010 Bill replaces the Judges (Inquiry) Act, 1968 and avowed objects are (a) create enforceable standards for the conduct of judges of High Courts and the Supreme Court, (b) change the existing mechanism for investigation into allegations of misbehaviour or incapacity of judges of High Courts and the Supreme Court, (c) change the process of removal of judges, (d) enable minor disciplinary measures to be taken against judges, and (e) require the declaration of assets of judges. It is interesting to study the allegations of misconduct of members of the Constitutional Courts. Studying such instances gives an insight into faulty foundation of our judicial system. In an affidavit filed in Supreme Court by Shanti Bhushan, Senior Advocate who was the Union Law Minister in post emergency period, made a shocking allegation that 8 out 16 Chief Justices we had, were corrupt. In the light of such a revelation, there are two possibilities before the Court to salvage the prestige of Indian judiciary, either convict Shanti Bhshan or order investigation against those 8. Both are not happening in reality except a slow moving contempt proceedings. Why so ? The root of the problem lies in selection method of judges. It saddening to see that many judges of our constitutional courts behave without grace and majesty expected from them. There have been incidents of exorbitant display of rage by the judges acting in impulse against the lawyers. It has now become a common feature in Courts to see Judges and Lawyers argue in a heated atmosphere and judges use words not befitting to the seat they occupy. It is difficult to bring in such misconducts within a legislative framework and find solution. We have seen Punjab and Haryana High Court judges taking mass casual leave to protest against it’s then Chief Justice who allegedly withdrew cases from the board of judges without their notice. It may be difficult to decide here, which instance is worse, the CJI arbitrarily withdrawing cases or the judges resorting to such tactics without paying regard to the court decorum. What ultimately matters is the quality of men and women. Recently, a national daily reported habit of late sitting of a sitting Supreme Court judge. Whatever may be the reasons justifications for continued late sitting, judiciary must have a known system to govern and Court hours should not be judge centric. Most often, Rules and discipline are made by judges according to their personal choice and no one can even beg to differ with the ways of their lordships. We must have uniform court procedure. In the Apex Court, some of the Judges had imposed a Rule that ‘ no Passover for the first ten matters’. Though it caused great inconvenience to the lawyers, the ‘obedient bar’ religiously followed for the fear of displeasing their lordships. Judges remarks to arguments of a lawyer that “don’t give lecture to us”, is thoroughly non-judicial and condemnable, but lawyers for professional sake condone it and move on. What is depressing is that majority of Senior Lawyers swallow such ignominy without a murmur. The press is silent in such aspects for fear of contempt power which is is exploited to bury criticism. It was only after a mass uproar that truth became an exception to the Contempt of Courts Act. There are criticisms on the exercise of contempt jurisdiction, and it is always judge centric. Contempt for one judge need not be contempt for another.So while in the case of P N Dudav v P Shiv Shankar (AIR 1988 SC 1208 at 1213), a cabinet minister was let go off even when he called the judiciary to be full of anti social elements, in the case of Mohd Zahir Khan V. Vyai Singh (AIR 1992 SC 642), a poor man was charged with contempt for calling the judiciary with the same label. And while one may be tempted to argue that it is impossible to completely dispense with discretion, it would be worthwhile to remind ourselves of the fact that judicial discretion coupled with judicial misconduct and the knowledge that one could get away with the same, would be a lethal weapon for judicial disarray. What really amounts to judicial conduct as embossed in the Oath of the judges as given in the third schedule of the constitution, or the Restatement of Values of Judicial Life, 1999’ a code of conduct adopted for the judges, by the judges or the Bangalore Principles of Judicial Conduct, 2002. Judges have to abide by the principles of natural justice, be impartial in their judgments or actions while the proceedings are going on. They cannot act upon personal idiosyncrasies, personal bias or whimsical behavior. They have to be consistent in their conduct. They have to rise above narrow considerations and not be prone to external influences or political pressures. Their act cannot prejudice the course of justice or life of any man. They have to mandatorily follow the procedure established by law. They have to be well versed and conversant with the facts of the case and permit unbiased hearing from both sides. Unending cross examinations or infinite arguments cannot form a part of the platter of a judge. A judge has to dissociate himself of all forms of social interactions with persons involved with the case. Now let us consider the real world scenario. In many instances, the judge’s kith and kin become biggest tax payers and busy practitioners during their serving period. It is a common knowledge that in every court in the country, some lawyers are more equal before some judges. Judges should realize that their proximity in some manner is being professionally encashed by a shameless lawyer. It is obviously an ugly seen to watch a designated Senior Lawyer appearing only in one particular court in many matters when he is not engaged in other courts. The Bar Council of India Rules, 1975 in Rule 6, Chapter II mandate that an advocate shall not enter appearance, act, plead or practice in any way before a court, Tribunal or Authority, if the sole or any member thereof is related to the advocate as father, grandfather, son, grand-son, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law. The law commission in its 230th report has criticized this practice of Uncle Judges. “Often we hear complaints about ‘Uncle Judges’. If a person has practised in a High Court, say, for 20-25 years and is appointed a Judge in the same High Court, overnight change is not possible. He has his colleague advocates – both senior and junior – as well as his kith and kin, who had been practising with him. Even wards of some District Judges, elevated to a High Court, are in practice in the same High Court. ..The equity demands that the justice shall not only be done but should also appear to have been done… In any case, the judges, whose kith and kin are practising in a High Court, should not be posted in the same High Court. This will eliminate “Uncle Judge”. There are many undefined misconducts such as Retiring judges delivering judgments in haste or not delivering judgments at all, delay in delivering judgments etc. A new form of misconduct has born these days, thanks to the media, the Judges commenting on their own judgments post retirement. Judges after having rendered judgments become functus officio in reference to those judgments and should not come up with comments post their retirement. Justice A K Ganguly’s startling rejoinder clarifying and defending the 2G judgment after the same was critized by Lok Sabha speaker, Somnath Chatterjee, was a rather unwarranted affair, as the same could potentially interfere with the precedential value of the judgmen. We need to develop a uniform court procedure and eliminate the personality driven functioning of Judges. Our courts should be more open to public scrutiny. The video recording of court procedure is a good measure to make our judges and lawyers more accountable. We don’t have the system of recording of arguments, unless judges take note of it. It is humanly not possible to remember every word and submissions in all matters and the causality is non consideration of certain points while rendering the judgment. Unlimited and unchecked judicial power, if not bestowed with the right men and women, is bound to cause mischief. Judiciary has fiercely guarded its independence. Rule of law indeed mandates the same. And yet a proper judicial mechanism for addressing the judicial complaints is consistent with the principles of judicial independence. Code of Ethics is a self regulatory tool. May be as evidenced above, it is not a sufficient check. They often say “What cannot be cured must be endured”. It is hard to do that when it relates to important tenets of civil society like Rule of Law and the Sanctity of Justice. Thus it is time that there is someone who could judge these erring and despotic Judges. In the words of Justice M N Venkatachaliah “Sunlight is the best defense”.

 

 

We the People

Reimagining Judicial Reform

 

When the judiciary and the centre argue about the need for transparency and accountability, it seems that both envision these as duties only towards each other, and not towards society generally. This myopia is evident throughout the history of their struggle into the present-day: neither has focused on making information public, let alone thought of other ways to involve a broad cross section of the people, even as this is becoming more commonplace worldwide.

This year, Constitution Day became the latest front in one of the most hotly debated constitutional battles in our history—the tussle between the judiciary and executive over judicial appointments. Using the rather odd metaphor of constitutional Lakshman Rekhas, signifying the separation of powers between the two branches, senior leaders on both sides spent the day insinuating that the other had overstepped its bounds by trying to control appointments (Choudhary 2016). As has become a familiar pattern, the entire exchange centred merely on this, and there was little discussion of the boundaries that matter most to common people, who should presumably be the centre of all constitutional debates—boundaries that bar access to both information and justice.

Such an absence of people-centred measures marks most of the exchanges between the judiciary and executive in the last year, ever since the former struck down the National Judicial Appointments Commission (NJAC), which the latter had proposed to replace the judicial collegium in making appointments. In the ensuing deadlock over pending high court appointments and finalisation of the Memorandum of Procedure (MoP), which sets out criteria for judicial appointments, Supreme Court judges have repeatedly blamed the centre for overburdening courts by delaying appointments. This is even though an alarming number of seats have remained vacant across courts for years before the NJAC case—a failure for which the judiciary is equally responsible. The centre, for its part, has blamed the high courts for delaying the appointments process and the MoP, while helpfully clarifying that it is not playing any “blame game” (Indian Express 2016).

In this seemingly singular focus on trying to pass responsibility to the other, we see little sense of either branch’s responsibility to the people. While the Supreme Court rather uncharacteristically solicited suggestions for the framing of the MoP from bar associations and civil society groups, the current MoP that is being negotiated between the two branches remains under wraps, making it clear that public consultation on the MoP is not a priority for either (LiveLaw 2016).

We argue that in bandying about the need for transparency and accountability, it seems that both the centre and the judiciary envision these as duties only towards each other, and not towards society generally. This myopia is evident throughout the history of their struggle into the present-day: neither branch of government has focused on making information public, let alone thought of other ways to involve a broad cross section of the people, even as this is becoming more commonplace worldwide. In continuously trying to blame each other for various woes in judicial administration, both have neglected to acknowledge their own failures—in clogging up courts with excessive litigation, for instance, or neglecting to assess judicial merit regularly. Recentring the people in all these discussions can turn the current crisis into an occasion to create systemic, lasting change.

Contested Constitutional Space

The debate between the judiciary and the executive has always centred on primacy, arguably at the expense of civil society and its stake in appointments. In all the landmark judges’ cases, in which the Supreme Court interpreted constitutional provisions on judicial appointment, the main issue was which branch of government had greater control. The first judges’ case came to the Court after a bitter period in judiciary–executive relations, with the executive making controversial appointments and transfers, and judges protesting perceived threats to their independence (Divan 2013). In that case, the Supreme Court held that the executive’s view would prevail over the chief justice’s in matters of judicial transfer and appointment (S P Gupta v President of India & Ors, 1981). In the second and third judges’ case, the apex court reversed this ruling and elaborated the collegium procedures that currently govern appointments, giving primacy to the judiciary to protect its independence and insulating it from political interference (Supreme Court Advocates-on-Record Association & Anr v Union of India, 1993; In re: Appointment and Transfer of Judges). Civil society received slightly greater attention in the NJAC or fourth judges’ case since, in addition to judicial and executive representatives, the commission comprised two eminent laypersons, to give some space to public participation (Supreme Court Advocates-on-Record Association and Ors v Union of India, 2015). But the narrow framing of civil society’s role, and the suggested mode of appointment of these eminent persons, came with its own set of problems. Remarkably, the behaviour of the centre and Supreme Court collegium, following the NJAC judgment, indicates that the key concern for both remains control, and not necessarily the people.

Opaque and Exclusionary Appointments

The problem with such a narrow debate is that even if the two branches were to resolve their dispute overnight, it is unlikely that either transparency or accountability would improve meaningfully for the public. The few people-oriented measures in current discourse are limited to talk of disclosing information on candidates recommended for appointment and publishing minutes of appointment proceedings. While this seems like an obvious measure, attaining even this would be a significant achievement in the Indian context. The judiciary has never made such information public, and has purposefully resisted providing related information as well. For instance, it was only after facing intense pressure from the public and from some judges for years that the Supreme Court began uploading its judges’ assets on the Court website. Despite not being covered under any exception, the judiciary has managed to keep itself out of the purview of the Right to Information (“RTI”) Act for over 10 years, by arguing that disclosure of information under RTI could interfere with judicial independence (Bhushan 2009).

This question is still pending, and was referred to a Constitution Bench earlier this year (India Today 2016). While some appointments or judiciary-related information might certainly be too sensitive to make public, the Indian judiciary has responded to this concern by systematically blocking all access to information, instead of selectively keeping some data classified and opening up debate on this classification.

The centre has not been much better at making appointment-related information public. Of the 77 names recommended by the collegium for high court appointments, it recently returned 43 to the judiciary for reconsideration, without divulging any reasons to the public. Much later, the centre clarified its objections to news agencies in extremely vague phrases such as “serious complaints” and “adverse intelligence reports.” The collegium reiterated almost all of the returned names within a week, leaving little time for the reconsideration it had been asked to carry out, and current law dictates that reiterated judges must be appointed (Times of India 2016). With the rest of the country being kept in the dark as to the exact nature of these complaints and their resolution, how can the judiciary or the executive hope to retain public trust and legitimacy in the eyes of the people?

This is in sharp contrast to several other countries like Argentina and the United Kingdom (UK), where publicising appointments-related information is a minimum requirement. Since 2003, in response to a crisis of confidence in the judiciary, Argentina has required judicial nominees to disclose their assets, employers, and potential conflicts, and mandated the government to publish these in leading newspapers and official outlets (Herrero and López 2010). In the UK, the Judicial Appointments Commission regularly advertises vacancies, compiles detailed statistics on its appointments, uploads minutes of meetings on selection mechanisms and so forth. Both the judiciary and executive in India have not only failed to implement this minimum and make appointment proceedings publicly accessible, but they have also failed to imagine going beyond this, to make proceedings participatory. In countries such as Kenya and the United States, government bodies invite law associations to evaluate judicial candidates, and welcome comments from the general public as well (Opiyo 2011; University of Cape Town 2010). Yet others like South Africa even accept nominations from the public, and allow the media and any member of the public to sit in on interviews of candidates, enabling people’s active participation in appointment processes (University of Cape Town 2010). Encouraging broad-based participation has evident benefits: it could reveal that a wide section of lawyers support a candidate’s integrity, legitimising her appointment; or it could allow academics, civil society organisations, or even litigants to raise concerns about her commitment to constitutional values.

Moving beyond Appointments

The anxiety over ceding primacy to the other has sidelined measures either branch can take, independent of each other, to demonstrate real commitment to the oft-repeated buzzwords of transparency, independence, merit, and accountability. Even if our judicial appointment processes were to make room for civil society inputs, it would be impossible for the public to have informed opinions on a judge’s suitability in the absence of systematic and transparent performance evaluation. Assessing judicial performance through periodic reviews is a common practice internationally, and in the Indian lower judiciary. But our higher judiciary has studiously failed to evolve internal mechanisms to appraise Supreme Court and high court judges. Subordinate judges are subject to periodic checks through annual confidential reports (ACRs), which suffer from some imperfections—such as a lack of uniformity and objectivity—but it provides a framework for assessing judges on various objective and subjective criteria. The higher judiciary must prioritise evolving such holistic metrics, and subject its conduct and capability to regular checks as well. This is particularly important for Supreme Court and high court judges, since they determine questions of constitutional importance and since a significant number of them are direct appointees from the bar, whose ability to adjudicate has previously not been subject to review.

The higher judiciary’s actions, unfortunately, seem to suggest that while it expects accountability from other organs of government, it does not hold itself to the same standard. But the exclusion of civil society from appointments increases the judiciary’s burden to be accountable to it, and such accountability would be meaningless if it were granted only at the stage of appointments and the system made completely opaque afterwards. Even if courts deem that these evaluations are too sensitive to be disclosed in full, they can still hold the judiciary accountable to the people in other ways, by providing a robust feedback mechanism to litigants and lawyers, so that they can contribute to the evaluations.

A genuine commitment to people-centric reform would also involve addressing the over-representation of privileged elites and dominant caste groups. Continuing structures of hereditary privilege, and gendered expectations of career choice, have ensured that women and people from socially and economically marginalised groups remain underrepresented in the judiciary. While recommending candidates, judges have been informally advised to duly consider suitable candidates from amongst Other Backward Classes (OBCs), Scheduled Castes (SCs), Scheduled Tribes (STs), minorities and women, but this seems to have had little effect on their inclusion (Chawla 1999).

The judiciary has often taken on significant social justice causes, but if its internal elevation does not reflect the same self-professed commitment, the public can rightly question its legitimacy and authority in claiming to uphold civil society’s interests. Reservations do exist for certain groups in the subordinate judiciary, and their promotions are supposed to be based on merit. But there have been several allegations of caste-based discrimination against high court judges who evaluate and determine the career progression of subordinate judges, which makes it hard to place complete confidence in the fact that deserving, meritorious judges will be elevated to higher judiciary posts. For instance, in 2011, the Chhattisgarh High Court ordered the compulsory retirement of 17 SC and ST judges for poor performance, while higher-caste judges with lower grading continued on the service (Umar 2011).

Further, a disproportionate number of higher court judges are appointed directly from the bar, since these appointments are governed by an informal and self-evolved 60:40 split between members of the bar and district judiciary (Kuldip Singh v Union of India, 2002). Combined with the self-appointing system, this has also resulted in several instances of sitting judges appointing close relatives, in clear violation of merit-based appointment principles. The creation of insulated judicial dynasties, where a reported 70% of all sitting high court judges come from the same 132 families, has made “climbing the ladder” practically impossible for others, especially women and people from marginalised groups who do not have access to the same networks of privilege (Indian Express 2014).

Against this backdrop, it is hardly surprising that only six women judges have been appointed to the Supreme Court in the past 66 years, and presently, there is one woman judge in the apex court out of 24. The latest data for high courts, from November 2015, presents a similar picture, with merely 62 female judges compared to 611 male judges (Nair 2015). An exact breakdown for caste composition is not available, though certain figures can shed light on the larger picture. In the last six years, no SC judge has been elevated to the Supreme Court, and as of May 2016, there were no SC chief justices in the high courts either (Chhibber 2016).

Legitimacy

Any democratic institution in a deeply divided society derives its legitimacy in the eyes of the public from its representation and inclusiveness. For this reason alone, judicial dynasties and structures that enable them must be disabled. Proactive measures are necessary to change modes of judicial training, career progression and socialisation that reinforce dominant attitudes, which compromise the neutrality and independence that the judiciary prides itself on. But despite several calls for such measures in this year alone, neither branch of the government has brought up this issue in any depth.

The executive too has failed to capitalise on opportunities underlying its stalemate with the judiciary, in focusing its energies on securing a veto in judges’ appointments. Granted, the executive has limited control over judicial matters, but there are still a number of initiatives within its powers that it can expedite. For decades, the government has issued documents recognising the potential of technology and citizen–centric services to transform access to justice, expedite justice–delivery, and improve accountability and transparency for litigants. But of the four pillars of the Technology for Justice Initiative (a part of the larger Digital India project)—namely, ePolice, eProsecution, eCourts, and ePrisons—only eCourts seems to have taken off meaningfully. Even this project has been characterised by flawed resource allocation, imprecise budgeting, and a lack of institutional coordination, leading to multiple delays in its completion. The executive’s failure to establish links and interoperability between the police, prison, and courtroom services means that digitisation and integration of India’s justice system remains a distant dream.

In recent spats with the judiciary, the centre has been quick to pass back any blame for delaying appointments and worsening court backlogs. For instance, the centre recently went as far as to cite how since 1990, it has made the second-highest number of appointments this year, far above the average (DNA 2016). But this statistic merits a closer look, since the increase in high court appointments this year is neither proportional to the increase in sanctioned judge strength nor litigating population. Absolving itself of blame, the centre continues to advise the judiciary on how to reduce backlog, by shortening vacations, etc, while itself burdening the courts with excessive government litigation! The executive had previously acknowledged the mechanical and inefficient manner in which government litigation is often pursued, and even formulated a National Litigation Policy in 2010. But ambiguous language and unmeasurable outcomes rendered the policy a mere piece of paper. Now, when the centre holds the judiciary to task for burgeoning backlogs, it develops selective amnesia about how government litigation, which is reportedly almost half of all litigation in courts, clogs up sparse judicial time and disadvantages other litigants.

The current struggle between the judiciary and executive is in some ways limited by its own history, a rehash of the same fights for control present since the early years of the republic. Both are ostensibly defending two different interpretations of a constitutional provision. But the debate is so entirely subsumed under a concern for primacy that it no longer seems to really hinge on the constitutional text, and it certainly does not centre on the people that the Constitution is about. The failure to imagine an expanded role for civil society is profoundly unjust towards the people these institutions are meant to serve, and often based on downright disdain. In the NJAC judgment, Justice Khehar wrote that civil society “is not yet sufficiently motivated, nor adequately determined, to be in a position to act as a directional deterrent, for the political-executive establishment” (Supreme Court Advocates-on-Record Association & Ors v Union of India, 2015). Ordinary citizens have been given only a dichotomy, between either executive or judicial dominance. It is in departing from this binary, and centring the conversation on the public, that any meaningful solutions to this tussle will lie

 

DECLARATION 

Name : ………………………NAGARAJA.M.R.

Address : ……………….LIG-2 / 761 , HUDCO FIRST STAGE , OPP
WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE – 570017 INDIA

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Body Donation : Physical Body of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice is donated to JSS Medical College , Mysore ( Donation No. 167 dated 22 / 10 / 2003 ) , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my body must be handed over to JSS Medical College , Mysore for the study purposes of medical students.

Eye Donation : Both EYES of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice are donated to Mysore Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my eyes must be handed over to Mysore Eye Bank , Mysore WITHIN 6 Hours for immediate eye transplantation to the needy.

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Public Interest Litigation is an appeal  for justice  to the courts , to redress  the injustices meted out to  the public.  Individual cases of injustices  pertaining to an individual are not covered under PIL, however  an individual an activist  who  is fighting for public causes  suffering  injustices  as a result of   his struggle  ,caused by powers that be to silence him  can club  his individual case under the public causes  (PIL ) he is  appealing.

 

Nowadays people of questionable character , integrity  are being selected to public posts , end result is present day india.  In the following web sites I have shown  few actual cases of crimes by judges & police , just imagine what type of justice common man gets.

Traitors  in   Indian  Judiciary & Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police

Crimes  by  Khaki

https://www.scribd.com/document/334590032/Crimes-by-Khaki  ,

Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 3rd degree torture , arrest / search  , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues  no suo motto action , delayed action inspite of complaint  allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?

Judges show their full wisdom , apply rigid law book while  judging cases of commoners , take suo motto action  where as  cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?
I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

   Powers that  be , higher ups have referred all my previous cases to police although in most of the cases  police don’t  have jurisdiction over it.  It  sends  a subtle message by police force to  the  complainant  to keep silent . In the remaining cases  which are under their jurisdiction police  don’t act against higher ups , high & mighty. In such cases police lack  practical powers , their hands are tied although they  are  honest.  As a end result , police  have repeatedly called   me to police station  number of  times  ( have never called guilty  influential persons even once)  took  statement  from  me and closed  the files.  Hereby , I do make it clear  the statements made by me  in my original petitions , PILs , news papers  , etc  while I was in  a free & fair atmosphere  are  TRUE  , over rides , prevails over all the statements made by me before police  earlier and  which will be made by me  in future before police.

If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents or to my family members – In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , Judges , public servants & Constitutional functionaries.

date :  26.12..2016…………………………..Your’s sincerely,

place : India……………………………………Nagaraja.M.R.

 

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December 19, 2016

HC Judges Favoring Mafia ?

Filed under: dalit human rights — Nagaraja M R @ 9:03 am

S.O.S   e – Clarion  Of  Dalit  –  Weekly  Newspaper  On  Web 

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.10 issue.51… .28 / 12 / 2016

 

Editorial : Are  Karnataka  HC  Judges  favoring  Land Mafia ?

 

Recently  Karnataka high court  gave  clearance to Karnataka government’s  regularization of illegal buildings  ( AKRAMA  SKRAMA ) scheme.

  1. Law is one & same for all.
  2. Government  authorities , police razes down , demolishes  small temporary hutments built by tribals , dalits without  mercy ,  takes suo motto action.  No  court comes to their rescue.
  3. Till date  bagar hukum  lands  are not given to dalits , tribals  are not given land rights over their huts in forests. Is Cout  blind , deaf ?
  4. However  when rich crooks build  bungalows , commercial complexes  illegally , no suo motto action  taken by government authorizes , police , why ? Courts go a step further it gives  stay orders against demolition  of rich crook’s illegal buildings , asks government to modify plan , law itself  to save illegal buildings of rich crooks.
  5. Does Karnataka HC  has  details of exact number of building violations , buildings built on forest lands , lake beds , raja kaluves  with  respective  after  affects on neighbouring buildings , road traffic , ecology , etc  and contingency plan by authorities to overcome those  after affects  casewise backed by technical studies. Make it public.
  6. What criminal  action initiated against revenue , police & other officials  who failed in their  duties at the first instance  to stop the  illegal building construction.
  7. Small houses  of  poor people  who have  smaller building violations  but  who failed to bribe officials  were dealt mercilessly. Their houses were razed down . Now , will the HC order the government to compensate them , to rebuild houses for them  as the court is now saying they are legal now.
  8. Government & HC has given a  cut  off  date  for consideration of  regularization of illegal buildings. When a crime before that cut off date becomes legal , why cann’t it be legal  after that date ?
  9. What  guarantee  HC gives no illegal  buildings  has  come up after cut off date  and will never come in future ?
  10. If comes what criminal action  against the concerned officials ?

Bottomline : Judges open your eyes , listen , think & then act.

 

Shift raja kaluves if buildings are built on them: HC

The Karnataka High Court on Thursday suggested shifting of raja kaluves (stormwater drains) if buildings have come up on them, to places where no buildings exist.

While hearing a petition on December 16 in connection with the alleged encroachment of raja kaluve by Mantri Developers for their Mantri Tranquil project at Gubbalala village off Kanakapura Road near Uttarahalli, Justice Ram Mohan Reddy suggested: “I am reminded, in almost identical circumstances, the BBMP spent about Rs 182 lakh (Rs 1.82 crore) in forming the raja kaluve, man made, so as to ensure draining of storm water into Parappana Agrahara lake and if that can be done, why should it not be done here, not only here, but everywhere where raja kaluves are said to be existing and over which buildings have been erected. If alternatives are permissible, then the respondent BBMP must exert itself to make available such alternatives as long as the water course is not obstructed.”

During the hearing, the court sought details about the raja kaluve from the Bruhat Bengaluru Mahanagara Palike (BBMP) Chief Engineer H C Ananthaswamy, who submitted that there is a material to establish the starting and ending point of the raja kaluve in question.

The court also asked him whether any alternative could be suggested, “in the sense, that the raja kaluve could be shifted to a place where no buildings exist while retaining the gradient and ensure flow of storm water through the said drain to the lake, the Chief Engineer submits that he would have to look into records and make an appropriate survey and thereafter make suggestions.”

Aerial survey
Senior counsel D N Nanjunda Reddy submitted that Bangalore Development Authority (BDA), while preparing the master plan, had conducted an aerial survey over the topography of all properties, subject matter of master plan through the help of a French organisation whose services were engaged by BDA.

Justice Reddy noted, “If this piece of material is secured from BDA, it is certain, would assist the Chief Engineer in bringing about an alternative to the course of water other than a raja kaluve.”

Mantri Developers had approached the High Court after the BBMP served two notices on it stating that it has encroached upon the raja kaluve by constructing C and D Block of Mantri Tranquil, which should be removed. The notice was based on a High Court division bench order, headed by Chief Justice, to evict encroachment of all the raja kaluves in the City.

The second notice of the BBMP stated that the untreated sewage is let directly into the storm water drain, which has polluted the Subramanyapura Lake in the downstream.

 

Diddali eviction issue threatens to blow up

 

The eviction of tribals in Diddalli, Kodagu, turned into a state issue with activists demanding that the Karnataka government regularise the land and houses of all tribal people living in Karnataka, and accept the existing place of dwelling as permanent and give them the right over property documents.

The fight will continue till this demand is met, the activists announced, while protesting near Ashrama School in Maldare village near Diddalli.

Leaders like Kandagal Shrinivas, former MLC AK Subbaiah, Noor Shridhar, Sirimane Nagaraj, Udupi Chalo leader Harshakumar Kugve, Kiran Gajanooru, P Murthy and others participated.

Meanwhile, on December 7, the day the tribals were evicted, the police denied there was any nude protest. They said the attempt was foiled.

On Sunday, a secret video shot by a local was released to the press to prove that a nude protest by a tribal woman and man was held, a clear witness of the day’s extreme protest by the harassed tribals.

Deputy commissioner RV D’Souza reiterated that the evicted tribals would be rehabilitated in any other suitable place identified by the revenue department, but clarified that the reserve forest area where they had built huts, could not be allotted to them.

MP Pratap Simha assured the activists that he would visit the spot of agitation on Monday and work out a compromise after discussions with them and the officials. Kodagu district in-charge minister MR Seetharam also assured them that the tribals would be rehabilitated soon, and if there was any slip-up by the forest officials, action would be taken.

On Sunday, the leaders called a meeting, and called it ‘Sankalp’ day, which was presided over by Sirmane Nagaraj, and attended by activists, human rights commission members, tribal rights awareness panel members and local leaders.

AK Subbaiah warned that if the government did not sanction land for tribals, the activists would know how to grab it. Agitation committee convener Noor Shridhar pushed for a criminal case against officials who ill-treated the agitators on the day of eviction. Vijayamma alleged that tribals are treated by the government as bonded labourers. Ambedkar Sene president Murthy warned that shortly, tribals from 30 districts join hands to protest in front of the Kodagu deputy commissioner’s office.

Meanwhile, Kodagu assistant commissioner Nanjunde Gowda on Sunday visited the agitation spot and assured the deputy commissioner that he had identified a suitable place for rehabilitation, and work will be completed within one month. Virajpet taluk tahsildar Mahadevaswamy and social welfare officer Mayadevi Galagali accompanied them. When the officials arrived, the agitators started shouting slogans against the district administration. They demanded the visit of the DC and district in-charge minister immediately.

 

Who Will Judge the JUDGES ?

 

Mr.Arvind Kejriwal & Mr.Winston Churchill are Almost RIGHT – Criminals  have entered Indian Parliament        – Legislate  LOKPAL  Bill

 

With whole hearted respects to the parliament & all constitutional bodies , hereby we are appealing to the honest few in public service , honest few in parliament , honest few in judiciary & honest few in police , to legally prosecute their corrupt colleagues , to legislate  “ LOKPAL  BILL”  with  full powers to enforce accountability of  all public servants , MPs , MLAs , Police , etc to  the citizens of india. Contempt of Parliament & other constitutional bodies is being made by some of the Corrupt MPs themselves. Therby these MPs are making contempt of Indian Parliament , 105 crore Indian citizens , Constitution of India  and Obstructing the Indian Citizens from performing their FUNDAMENTAL DUTIES to uphold constituion of india , it’s dignity. These Corrupt Public Servants are doing more damges to India’s National Unity & Integrity  than naxals & terrorists . These Corrupt Public Servants are more deadlier & greater threat to india than Pakistan & China. The honest few in parliament  & other constitutional bodies are either keeping mum or not taking appropriate steps to intiate criminal legal prosecution against their corrupt colleagues , this is aiding those criminals to do more crimes , to go unpunished , to manipulate legal system , to manipulate evidences / records , to get acquitted by courts for lack of evidences , to influence police to withdraw cases against them or to file B reports , etc. In these ways the corrupt public servants will never be  convicted , they will be either stay as accussed or acquitted for lack of evidences or government withdraws cases against them or police file B report.

 

Citizens of india are supreme in democratic republic of india. parliament , MPs , MLAs are creations of citizens and are subservient , subordinate to the citizens of india. Creations cann’t be supreme than the creator.

 

Vohra committee has officially acknowledged the criminalization of politics , parliament , legislatures. The politicians crave for power because , while in power investigating / prosecuting agencies will be under their control / influence and they can manipulate the legal process , WHITE WASHING all their crimes. Just see , recently union home minister Mr.Chidambaram  influencing the delhi police  for closing a cheating case against a builder by forcing the police to file “B” report. Recent example read vijaya karnataka kannada daily dated 14.04.2012  lokayukta police favoring ex-CM Yediyurappa & Minister Somanna  tried to close a case before lokayukta court by filing B Report although enough evidences are there to prosecute Ex CM & Minister . Politicians stoop low to such levels , to make money Ex :  irregularities in purchase of coffins meant for kargil martyrs , allotment of  flats meant for war widows , war veterans at Mumbai.

If proper accountability of public servants is legally enacted, independence , autonomy of judiciary & police is  legally enacted , then those in power cann’t WHITE WASH their own crimes. That is the reason many political parties are opposing “LOKPAL BILL” since decades under many pretexts.

Subject to conditions , I do offer my services to the government of india & supreme court of india , to legally apprehend  CRIMINALS , CORRUPT  PUBLIC SERVANTS ,  ARE  YOU  READY  to utilize our services ?

 

Urgent  Need  of   CODE  OF  CONDUCT  FOR  JUDGES  IN  INDIA

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.  just think , if a judge himself that too  of apex court of the land  himself  commits crime – violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?

it gives a booster dose to the rich & mighty , those in power , criminals in public service to commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically  must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI’S DREAM.

Day after day we are seeing allegations against judges  in crimes against women , sex crimes , judicial orders for money , etc in the media.  There is total secrecy in the functioning of judiciary in india  with regards to disciplinary proceedings , promotions  and selection of judges.  We the public don’t know whether proper investigation / enquiry is done in such cases of allegations against judges , what action taken against the guilty judges ?

Hereby , we demand  code of conduct for judges with  provision of  criminal prosecution of  violators.

Regard for the public welfare is the highest law (SALUS POPULI EST SUPREMA LEX).

No man shall be condemned unheard (AUDI ALTERAM PARTEM).

No man can be judge in his own cause (NEMO DEBET ESSE JUDEX IN PROPRIA SUA CAUSA).

An act of the Court shall prejudice no man (ACTUS CURIAE NEMINEM GRAVABIT).

 

Your’s

Nagaraja Mysuru Raghupathi

 

 Editorial :  Why NOT  Demolish  Minister’s illegal  Bungalows

    There are  cases of present ministers , past ministers , MLAs , IAS , IPS officers encroaching government land , lakes , etc and have built palatial bungalows , commercial complexes. Why revenue officials , police are  NOT showing guts ,  performing impartial duty by demolishing those  illegal structures as they do mercilessly with houses of commoners , poor ?

   Jai Hind. Vande Mataram.

 

Your’s sincerely,

Nagaraja.M.R.

 

PIL – Land Mafia and Judges

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

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

Honourable Chief Secretary , Government of Karnataka & Others

….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
“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 public servants.

2. Eventhough , I have repeatedly appealed to government of karnataka authorities , MUDA , BDA , KIADB , MCC , BBMNP , etc seeking information regarding illegal buildings , land encroachments specifically in mysore & bangalore , they didn’t provide me information. Now one land scam after another are tumbling out.

3. I have given certain details to authorities including judiciary , SCI regarding land , lake encroachments in mysore when encroachment was at preliminary stage. The authories could have stopped it , but they didn,t. Now , the hinkal lake , hebbal lake , hootagalli lake & BEML Quarters lake have been encroached to maximum extent and criminals have made crores of rupees profit.

4. Government authorities has not given title deeds to tribals living in forest since centuries , government authorities has not given title deeds to landless people , dalits who are cultivating on government land since decades.

5. Government authorities , police immediately evict , take suo motto action when a poor family , nomadic family just erects a hutment on government land. The same public servants , police don’t take action when a rich crook palatial bungalow , business complex on government land , lake bed. Cann’t they see it. , they can but are hands in glove with looters.

6. even some of the judges don’t take action when appeal for justice is made to them , to evict encroachers , to stop encroachment. It may be quid pro quo arrangement with crooks. See how many judges have benefitted from government discretionary quota allotment of sites , illegal judicial layout , etc.

7. The land encroachers are not poor people below poverty line , they don’t even have ability to build a pucca house. Encroachers are rich crooks , greedy individuals with political connection. So they don’t deserve compassion.

8. Now , government of karnataka is trying to legalise illegalities in buildings , land encroachments , which gives a booster dose to criminals to commit more crimes.

9. As per equitable law if present land encroachments are legalized , in future too government must legalize future land encroachments when ever it takes place.

10. Prior to enactment of AKRAMA SAKRAMA SCHEME of government of karnataka legalizing illegal constructions , land encroachments, MUDA , BDA , MCC , KIADB officials evicted , demolished buildings of encroachers who didn’t cough up bribes. The one who paid bribes , their encroachments , illegal buildings survived and now getting legalized by government.

11. Now , as per equity who ever have been evicted from encroachments , who’s illegal buildings demolished must get compensation from government. If not all encroachers must be evicted & illegal buildings must be demolished.

2. Question(s) of Law:

Is robbing another’s property right , legal ? is robbing land , lake – a public property for private , individual use right ?

3. Grounds:
Requests for equitable justice , Prosecution of master minds of land grabbing ,frauds.

4. Averment:

Covering up Land Frauds & Land Mafia . Please read details at :

https://sites.google.com/site/sosevoiceforjustice/rti-first-appeal—muda-bda-kiadb ,

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 ofthem 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 howcareless 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:

a . 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 , Government of Karnataka authorities in the following cases to perform their duties & to answer the questions.
b . 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-bda-kiadb ,

Dated : 23rd July 2015 ………………….FILED BY: NAGARAJA.M.R.

Place : Mysuru , India…………………….PETITIONER-IN-PERSON

 

 Infosys  SAVE   Hebbal  Lake  in  Mysuru  from Land Mafia

 

As part of  it’s  CSR  initiative,   Infosys  the software giant has recently  agreed to fund the  beautification , preservation of  Hebbal  Lake in  Mysuru city of Karnataka state , India. We welcome the good move by  Infosys.

However  various lakes  including  Hebbal  lake  in mysuru city built by erstwhile  rulers  are encroached by land mafia. The good brand name  of  Infosys  should not be   misused by  authorities  or powers that be  to cover up the crimes of  Hebbal  lake encroachments.

Till date  “Raja Kaluve” encroachments , encroachments of Hebbal lake , hootagalli lake , hinkal lake , BEML Quarters lake Ningaiah lake , etc  are not cleared.  Public Interest Litigation (PIL)  in this matter  is pending before the  Honourable Supreme Court of India for admission.  Hard earned Infosys share holders money should not be wasted on  disputed location.

Even after years ,  MCC , MUDA , BDA & KIADB  are not giving  full information / answers to our following RTI  questions regarding  Land crimes. To begin with let MCC , MUDA , KIADB  answer  following  three questions :

  1. Where  are the encroachments of  various lakes , Raja Kaluve in mysuru  city  has taken place ? who are  the encroachers ? what action taken by authorities ?
  2. How much land belonging  to Sri Laxmikantaswamy Temple , Hebbal , Mysuru  has been encroached ? who are the encroachers ? what action by authorities ?
  3. How many commercial complexes , big residential apartments  in Mysuru city are built  without provision for fire exit , parking lot ? what action by authorities ?

 

To preserve lakes Government of Karnataka must  :

  1. First conduct survey of sites / lakes  , clearly marking the encroachments.
  2. Make the name of encroachers public. Name them & Shame them.
  3. Evict the encroachers & initiate legal prosecution against them.
  4. Finally invest public funds or corporate funds  for preservation  &  beautification of lakes.

 

Till such time we urge  the  Infosys  management  to with hold  CSR funding of  MCC  or MUDA  or  KIADB   for the purpose of Hebbal Lake  preservation.  Jai Hind. Vande Mataram.

 

 

Your’s  sincerely ,

Nagaraja.M.R.

 

 

Save  Hebbal  Lake  Save  BEML Quarters Lake  in  Mysore            –  An  Appeal  to  Honourable Supreme Court of India

   In the  past , Mysore Maharaja & other philanthropists  have donated  their personal lands , properties , built many lakes & ponds in mysore , bangalore  and other places with public concern  ,  public  wellbeing  in their mind . They built  these lakes & ponds  in addition to preserving the natural lakes & ponds.  They  knew  about the importance of ecological balance & environment. The present rulers , IAS & KAS  babus  have even failed to  preserve  the 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.

 

    In this way , Hootagalli lake was killed  &  encroached by Kaynes Hotel  ( now silent shores hotel) ,  Hebbal Lake  is being  killed & encroached  from all sides by industries  and  the lake infront of BEML Quarters  is being killed  &  land  demarcation for selling those  land has already begun.

 

The public servants  were totally  indifferent  towards  public outcry against this . The IAS & KAS  babus  who are also magistrates  with judicial authority  have failed  in preserving these lakes & ponds inspite of appeals  to them.  These death of lakes resulting in their encroachments could have been prevented earlier  by DC , Tahsildar , MUDA Commissioner & KIADB Officers. Even I have appealed to them through my web news paper , they didn’t take action at all.  I have made RTI request to those authorities  to give me information regarding status of those lakes  years ago , fearing  truth will come out  they didn’t answer my questions in full , they only gave half truths. When I persisted with  my  RTI request  the Mysore District Magistrate at that time  Mr. P.Manivannan repeatedly called me over phone , abused me & threatened me .  Even threats were made by some policemen  in mufti .  Finally that lake land was allotted to a person  supposed to be close to  the Industries minister at that time.  The courts  are dispassionate & inhuman , while passing eviction orders against poor people , the  police are full of guts  & show their full bravery , valour against these poor land encroachers. Fine , let us appreciate their duty consciousness . However  rich & well connected criminals have illegally encroached upon  public lands , the same  courts  and police are not taking  appropriate action  inspite of repeated appeals , why ?  Even the  Supreme Court of India & Police are Weak & Meek before Land Mafia. Don’t the same Judges & Police have Guts , Bravery , Duty Consciousness & Integrity to take action against such  rich land grabbers ?  The answer lies in the following articles. Once again  we offer our conditional services to Supreme Court of India  , to legally apprehend criminals while the respective public servants have failed to do the same.

 

Hereby , we request the honourable Supreme Court of India ,

  1. To  initiate criminal prosecution  against  Mysore  district magistrate , Mysore  taluk magistrate , MUDA  Commissioner  , Jurisdictional Police Officers & KIADB Officer  , for making contempt of  Supreme Court of India  Order  applying throughout  india to preserve lakes & ponds.
  2. To evict all encroachers forth with .
  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                                                         Your’s  Sincerely,

Place : Mysore                                                              Nagaraja.M.R.

 

Top companies in Byrasandra lake encroachers’ list

 

A Karnataka High Court commissioner’s report has confirmed encroachment of Byrasandra lake and identified Bagmane Tech Park, Congnizant Technologies Pvt Ltd and Electronics and Radar Development Establishment (LRDE) among the “occupiers” of the encroached lake area.

The commissioner, who submitted his report to the court recently, has identified 3.95 acres of encroachment on the lake, which is located on survey number 112 of Byrasandra village, Varthur hobli, in Bengaluru East taluk.

The total area of the lake has been identified as 12.21 acres, including the encroached portion, as per the report, a copy of which is available with DH.  The report has identified seven different “occupiers” of the encroached lake area. Another public sector undertaking Bharath Earth Movers Ltd is also listed.

Bagmane Tech Park, which is one of the prominent IT parks in Bengaluru and houses many top IT companies, has occupied 36 guntas of land (approximately 39,207 sqft).

A portion of the LRDE campus, a laboratory of the Defence Research and Development Organisation, is located on the lake area too. It has occupied 19.5 guntas, as per the report.

The court had in January 2014 appointed Commissioner of Survey Settlement and Land Records (SSLR) as its commissioner and directed him to conduct a re-survey of the lake and submit a report.

The court had ordered the re-survey as some aggrieved private companies challenged a move by the revenue authorities to recover the encroached lake land in 2013. Encroachment of Byrasandra lake was first identified in 2007 by the then legislature committee on encroachment of government lands headed by A T Ramaswamy.

The court commissioner has prepared a sketch and a map of the lake, identifying the exact boundary. The report has identified and measured encroached and unencroached portions.

Encroachments have been marked on the spot as per the sketch. A prior notice was also issued to all the aggrieved persons before conducting the re-survey. The re-survey was carried out by the then SSLR commissioner Munish Moudgil.

Bengaluru Urban DCShankar said the re-survey has proved encroachment of the lake by Bagmane Tech Park and others.

“Nearly one acre of encroached vacant land of the lake has been already recovered. Now action should be taken on recovering areas where buildings are located. We have brought the issue to the notice of the legislature committee on lake encroachment headed by Speaker K B Koliwad. Action will be taken as per the committee’s directions,” Shankar said.

 

Judicial Layout Site Allotment – BRIBE TO JUDGES ?

  Throught this publication term JUDGE  includes public servants performing quasi judicial functions also. Supreme Court & High Court judges are  repeatedly neglecting our appeals for justice , to  reign in land mafia.

Is the  allotment of  residential plots to Judges @ yelahanka Judicial Layout , a mode of  paying bribe to judges by the biggest litigant government itself & the  corrupt public servants in the government. So that the government can pass illegal laws like “Regularization of Illegal Buildings” , “ Illegal Appointments to Medical colleges in Hassan , Mysore” ,etc &  ministers , IAS officers  can indulge in illegal unconstitutional acts , but the courts will not  take any  appropriate action suo motto or based on any petition. IT IS  MUTUAL HELP , NEXUS OF TWO CRIMINALS – JUDICIARY & GOVERNMENT. Ofcourse , there are honest few exceptions in judiciary & government. We Respect those honest few.

 

 

Just months back , we have witnessed the collapse of a multi storied building in bellary ,Karnataka & we have witnessed  a fire tragedy in a  multi-storey building in Bangalore,  months ago there was collapse of a huge building under construction in Bangalore , all resulting in loss of human lives. Recently we have seen de-notification scam involving VVIPs . All these are the result of violations of Urban Town Planning Laws , Building bye-laws which  are observed more in breach by the criminals & conniving public servants .  The authorities are behaving like real estate agents of criminals , by-passing norms , framing laws to the tune of criminals . Authorities are not honoring RTI requests & even high ranking IAS officer  repeatedly threatens a commoner  seeking information under RTI ACT .

 

Before embarking on land acquisition for any projects government authorities must plan & assess what are the actual requirement of land for that particular project. After finding out the actual requirement of land , they must  assess the loss of forest area , cost of compensation pay-out , cost of rehabilitation of people , environmental damages & resultant health damages to people in surrounding areas ,it’s resultant losses when the project gets running , if at all the benefits , profits from that project far outweighs the losses ,then only project should be put before the public for their consent. Ministers & IAS officers must not take these decisions all by themselves in a hush – hush manner.

 

Even when a project is downsized , from the previously approved size , the land left over , surplus land must be given back to the 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 ?

 

Now , consider NICE – BMIC SCANDAL or MINING Scandals , public servants in responsible positions are accusing each other , there by proving that almost all of them are criminals. In democracy , ministers & IAS officers are public servants , MLAs , MPs are not leaders just public servants  – representative of people. They must represent people’s wishes & must order the IAS & other officers to fulfil the wishes of people as per legal provisions.

Information input  forms part of process of one’s expression. One’s expression in any forms – written , oral , etc becomes information input to the opposite person , in turn he expresses his reply. Information & Expression are inseparable parts & form lifeline of a democracy. That is the reason , Right to Expression is the basic fundamental right as well as human right of every Indian citizen. When a person’s  right to expression is violated , his other rights to equality , justice , etc also  are violated. Suppression of Information amounts to curbing of Expression.

 

In a democracy , people have a right to know  how the public servants are functioning. However till date public servants are hiding  behind the veil of  Officials Secrets Act (which is of british vintage created  by british to suppress native indians). By this cover-up public servants are hiding their own corruption  , crimes , mismanagement , failures , etc. even RTI Act is not being followed intoto by public servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is noteworthy.

 

Our previous RTI request to CJI , union home secretary of GOI, President of India  , DG & IGP of GOK and others were not honored. The information I sought were answers to the following questions mentioned in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to  millions  of Indian citizens , due to wrong / illegal work practices of  Indian judges , police & public servants  .   The  information we sought would expose the traitors , anti-nationals , criminals  in public service.  The information we are seeking are no defense secrets , no national secrets. The truthful information exposes the anti-nationals , traitors in the public service & strengthens our national security , national unity & integrity.

 

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  following   Cross –  Examination / RTI  questions. 

 

:    https://sites.google.com/site/sosevoiceforjustice/chief-justice-above-law                      
Jai  Hind.  Vande  Mataram.

Date :  05.03.2015                                                Your’s  sincerely,
Place : Mysuru                                                       Nagaraja.M.R.

 

 Sign  to  Save  Hebbal  Lake  &   BEML  Quarters  Lake  in  Mysore

http://www.change.org/petitions/honourable-supreme-court-of-india-save-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 ,

 

Subject :  –  PIL Appeal To Honorable Supreme court of India For Writ of Mandamus

LITMUS  TEST   for   HONESTY   of   SUPREME  COURT  OF  INDIA        

 

AKRAMA SAKRAMA  /  REGULARISATION  OF  ILLEGAL LAND ENCROACHMENTS  ILLEGAL LAND CONSTRUCTIONS   BUILDING BYE-LAW VIOLATIONS  

 KIADB de-notification scandal , BMIC – NICE SCANDAL  , MINING SCANDALS and Threats to RTI Applicant

 

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 , didn’t 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  constructed temporary  hutments  on public land . Those hutments were immediately demolished & people evicted.

 

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 don’t 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 bye-law  violations  &  Public Land Grabbers amounts to :

  1. Rewards  for illegalities , crimes  if  one is rich.
  2. Punishes , demotivates  honest law abiding citizens.
  3. Double standards in law – one set for rich & one set for the poor.
  4. Total  disregard  to safety  of  people  in those illegal buildings  .
  5. Total disregard to safety  of  people  in the neighbourhood  and  people using  roads  passing  by those  illegal buildings.

 

 

Bangalore Rural DC Aiyappa, three revenue officials held

BANGALORE: Lokayukta police have arrested Bangalore Rural district deputy commissioner MK Aiyappa, a special tahsildar, a revenue inspector and a sub-registrar for allegedly changing records pertaining to 32 acres of land in Survey No. 62 of Madappanahalli, near Yelahanka.

Lokayukta additional director general of police HNS Rao said they registered a case against 15 persons, including IAS officer Aiyappa (then Bangalore Urban deputy commissioner), special tahsildar (Bangalore North) K Gopalaswamy, revenue inspector N Balakrishnamurthy of Arakere circle, Hesaraghatta, and sub-registrar (Hesaraghatta) KV Ravi Kumar.

The arrested officials were produced in the Lokayukta court, which remanded them to a day in police custody. The Lokayukta court had on November 5 last year ordered that a case be filed under Sections 13 (1)( c), (d), (e) and 13(2) read with Section 12 of the Prevention of Corruption Act as well as criminal Sections 406, 409, 420, 426, 463, 468, 471, 474 read with Section 120-B (criminal conspiracy).
The Lokayukta court order followed a private complaint by P Anil Kumar, a resident of Hesaraghatta.
Preliminary investigation revealed the land was gomala land (common property resource used for livestock grazing), but a person named Narasimhaiah claimed ownership of all the 32 acres. Records were created and the land restored to him, but the then revenue inspector restored the title to the government. Even as the legal dispute was pending, the land was purchased by private individuals. The Hesaraghatta sub-registrar registered the land in their names in 2009.
“The present rate for the land is about Rs 60 crore. Bigwigs named in the complaint will be questioned, including the purchasers. Everything is on record, and nobody can deny their responsibility in taking away government land and restoring it to private individuals,” a Lokayukta police official privy to the investigation told TOI.
There will be some more arrests, he added, as there’s ample documentary evidence and other witness accounts available.

 

NICE Corridor Questions to former  CHIEF MINISTER .Mr.Yediyurappa

Read full questionnaire
http://sites.google.com/site/sosevoiceforjustice/nice-corridor-questions-to-chie\
f-minister

 

 

LAND SCAM   IN   TAMILNADU   One for my officer, one for my boy…

 

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, maids and partymen (LAND SCAM 2.0, 4 December). The purpose was not to make Yeddyurappa’s 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 exposé on Tamil Nadu Chief Minister M Karunanidhi. The Tamil Nadu Housing Board (TNHB) which commands a large land bank, has a government discretionary quota (GDQ) under which 15 percent of all allotments can be recommended by the CM. Eligibility for allotment under GDQ is as follows: single/deserted women; widows; social workers; physically handicapped persons; defence personnel; ex-servicemen; eminent persons in the field of science, arts, literature, economics, public administration and sports; freedom fighters; government servants with unblemished service records; employees of PSUs, central government undertakings and nationalised banks; PF institutions; journalists; university staff; and employees of local bodies and municipalities.

While some of these categories sound kosher, most of them raise a fundamental question: why should the government have the power to give coveted land to select employees and journalists over others? The only rationale could be proximity — which is an untenable reason for being the beneficiary of political favours, often worth several crores.

Setting this aside, even within the legal ambit of the GDQ, TEHELKA’s investigation shows that many of the allotments in Karunanidhi’s tenure have violated the rule book. Many bureaucrats and their relatives have been given plots or flats under the category of “social worker”. Some of these last did social work when they were in college; many of them claim to be volunteers in such routine activity as helping in blood donation or eye camps. Many have issued certificates to themselves; some have acquired letters from the Lions and Rotary Clubs with vague endorsements. In other violations, the rules say that no one who has any other land or property in Tamil Nadu or any other capital city, in either their own or spouse or minor children’s name, can apply for GDQ allotments. TEHELKA found this is routinely violated.

Many of the allottees issued certificates to themselves, while some got letters from Lions and Rotary Clubs

The other brazen violation lies in the claim of “unblemished” service records as a qualification for allotment. When RTI activist V Gopalakrishnan sought a list of such bureaucrats, Additional Secretary S Solomon Raj said, “As no unblemished government servant certificates are issued, the question of furnishing a list of names does not arise.” The additional secretary also clarified that the home department didn’t have such a list. This is the phantom category under which many public servants like Jaffar Sait, 1986 batch IPS officer, now Inspector General of Police–Intelligence, got large allotments of land in prime locations. Why them more than hundreds of others? That’s a democratic question the chief minister will have to answer.

jee…@gmail.com

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 Ganesan’s 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 government’s 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 IGP’s 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
DATE: 27 MARCH 2008
SIZE: NA
PRICE: Rs. 79.86 LAKH
CURRENT MARKET PRICE: NA

VIOLATIONS
Ganeshan is a trade union leader with the DMK and is close to Karunanidhi. He owns property in his as well as his wife’s name.

Brinda Nedunchezhiyan
Wife of late Chezhiyan and daughter-in-law of Agriculture Minister Veerapandi Arumugam

PLOT NO: HIG B 3/14, MOGAPPAIR
DATE: 13 MARCH 2008
SIZE: NA
PRICE: Rs. 9.82 LAKH
CURRENT MARKET PRICE: Rs. 45-50 LAKH

VIOLATIONS
Allotted flat under Social worker category. The tehsildar of Salem issued her a certificate though he is not empowered to. The certificate says she “is a well-known social worker involved in social welfare activities such as president of Poolavari village panchayat, head of parent-teachers association, participating in educational programmes of many schools”.

S Rajalakshmi
Wife of R Sakkarapani, MLA and DMK chief whip

PLOT NO: 1047, MOGAPPAIR
DATE: 9 MARCH 2008
SIZE: NA
PRICE: Rs. 79.86 LAKH
CURRENT MARKET PRICE: Rs. 3.5 CRORE

VIOLATIONS
She was allotted the flat under the Social Worker category. The supporting document was a letter from a Rotary Club. The letter from PNK Venkatachalapathy, president of the Rotary Club of Oddachatram, dated 31 March 2008, states that “she is known to me as a social worker who is participating in social service activities of our Rotary Club at blood donation camps, free health checkup camps and other welfare activities. She has also been helping in providing several other basic amenities for the people surrounding the slum area for the past several years. I wish her every success to do more services to needy people in and around the area”.

D Yasodha
Congress MLA, Kancheepuram Congress MLA, Kancheepuram

FLAT NOS: A5, HIG, MOGAPPAIR
DATE: 19 DECEMBER 2008
SIZE: NA
PRICE: Rs. 59.56 LAKH
CURRENT MARKET PRICE: Rs. 3 CRORE

VIOLATIONS
A certificate from the Chennai Municipal Councillor stating she has been an active social worker for the past 40 years actively involved in helping the poor in the area.

Poochi Murugan
Member of a DMK trade union

PLOT NO: A 11, THIRUVANMIYUR EXTENSION
DATE: 6 JUNE 2008
SIZE: 2,422 SQ FT
PRICE: Rs. 58.61 LAKH
CURRENT MARKET PRICE: Rs. 2.75 CRORE

VIOLATIONS
Though a member of a DMK trade union, he was allotted land under the Social Worker category. Has three plots in his name and one in his spouse’s name. He has not produced any supporting document about the social work he has done.

Bharati Thennarasu
Widow of Sivagangai politician Thennarasu

FLAT NOS: S7, THIRUVANMIYUR EXTN
DATE: 26 AUGUST 2008
SIZE: 3,879 SQ FT
PRICE: Rs. 79.13 LAKH
CURRENT MARKET PRICE: Rs. 3.75 CRORE

VIOLATIONS
She was allotted the plot under the Social Worker category. An RTI application revealed that she had not been engaged in any kind of social work that would make her eligible for this category.

P Moorthy
Madurai MLA

FLAT NOS: E2/6, MIG, MOGAPPAIR
DATE: 5 DECEMBER 2008
SIZE: NA
PRICE: Rs. 72.5 LAKH
CURRENT MARKET PRICE: Rs. 4 CRORE

VIOLATIONS
Allotted under the Social Worker category on a certificate issued by the Lions Club. Owns several plots in his and his wife’s name.

N Soorya
Daughter of Brinda Chezhiyan and grand-daughter of Agriculture Minister Veerapandi Arumugam

FLAT NOS: B3/13, HIG, MOGAPPAIR
DATE: 3 JUNE 2008
SIZE: NA
PRICE: Rs. 8.99 LAKH
CURRENT MARKET PRICE: Rs. 45-50 LAKH

VIOLATIONS
Like her mother, the 20-year-old was given a certificate of social work and domicile by the tehsildar of Salem, stating that she “is a wellknown social worker who is involved in many social welfare activities, such as national social service, participating in eye camp, blood donation and giving education to poor students”. The certificate was issued on 27 February 2008, the same day her mother got one. Both got adjoining flats.

Kith and Kin
Deepa
Daughter of Devaraj M, Private Secretary to the Chief Minister

FLAT NOS: 543, THIRUVANMIYUR, KAMARAJ NAGAR (PLOT ADJOINING SAIT’S AND SHANKAR’S)
DATE: 23 MAY 2008
SIZE: 4,466 SQ FT
PRICE: Rs. 1.08 CRORE
CURRENT MARKET PRICE: NA

VIOLATIONS
Allotted plot under the Social Worker category but there’s no evidence to back it. Constructing a three-storey building involving a cost beyond the family’s known sources of income. Her husband owns another property in his name. Her plot is adjacent to the plots of IGP-Intelligence Jaffar Sait and Durga Shankar, son of the CM’s secretary.

Naveenkumar
Son of P Muthuveeran, IAS, who was District Collector, Theni, and close to the Chief Minister

FLAT NOS: 541, HIG, THIRUVANMIYUR, KAMARAJ NAGAR
DATE: 27 JULY 2008
SIZE: NA
PRICE: Rs. 1.06 CRORE
CURRENT MARKET PRICE: NA

VIOLATIONS
Allotted flat under the Social Worker category. He works in a software company in Chennai and submitted a salary slip of Rs. 20,000 per month at the time of allotment. Now, he is constructing a fourstorey structure on the plot.

J Naveen Ibrahim
Son of SI Jaffar Ali, IPS (retd)

FLAT NOS: AI HIG MOGAPPAIR
DATE: 31 MARCH 2009
SIZE: NA
PRICE: Rs. 64.95 LAKH
CURRENT MARKET PRICE: Rs. 3.25 CRORE

VIOLATIONS
Allotted flat under the Social Worker category. Certificate issued relates to 1983, when he was a student. The college principal says he actively participated in “many social activities conducted by us. He continues to evince interest in social service activities”. Curiously, the EMI of Rs. 74,000 is almost double his monthly salary.

Durga Sankar
Son of Rajamanikkam, IAS, Secretary to Chief Minister

FLAT NOS: 538, THIRUVANMIYUR, KAMARAJ NAGAR (PLOT ADJOINING SAIT’S AND SHANKAR’S)
DATE: 28 MARCH 2008
SIZE: 2,450 SQ FT
PRICE: Rs. 1.12 CRORE
CURRENT MARKET PRICE: NA

VIOLATIONS
He is a businessman, but allotted the plot under the Social Worker category. He also submitted an affidavit that the plot would be used for residential purposes. But he violated the conditions and developed the property for commercial purposes.

The Others
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
Ilamukil’s 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, CM’s 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, CM’s 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 don’t know much about the certificate, I think I got the plot because I’m an MLA. I have done a lot of work in uplifting the people in villages of my constituency. That amounts to social work. I don’t need a social work certificate from the Lions Club but my friends, partners and I took the certificate anyway. “

 

 

‘GDQ is a way of making you part of the syndicate’

BY JEEMON JACOB

C Umashanker

PHOTO: JEEMON JACOB

A1990 batch IAS officer, C Umashanker shot to fame during the AIADMK regime when he exposed a scam in the construction of sheds in a cremation ground under the Jawahar Rozgar Yojana when he was additional collector in Madurai. His brush with AIADMK supremo J Jayalalithaa’s partymen resulted in his transfer out of the district.

Later, when the DMK came to power, he was appointed managing director of the state-run Electronic Corporation of Tamil Nadu and put in charge of procuring colour television sets for free distribution to the poor in the state, in keeping with an election promise of the DMK. He was transferred with immediate effect after he exposed corporate fraud committed by the joint venture promoter ELNET Technologies Ltd.

Later, he was posted as managing director of the state-run Arasu Cable TV Corporation. In this capacity, he opposed the monopoly of Sumangali Corporation run by Kalanidhi Maran. He also took steps to nationalise Sumangali Cable Vision. By that time, Maran had a patch-up with the Karunanidhi family and Umashanker was transferred with immediate effect.

Later, the anti-corruption and vigilance department registered a case against him for disproportionate assets. The government suspended him for claiming fake caste certificate as a Dalit when he is a practising Christian.

Plots are allotted even without any formal applications. There is no transparency at all

He lodged a complaint with the National Backward Commission against his suspension and got a favourable order from the High Court. At present, he is managing director of Tamil Nadu Small Industries Corporation.

Umashanker was allotted a plot (under government order 2D 325) on 3 April 2008 at Thiruvanmiyur Extension when he was in charge of the free colour television for the poor programme. For this, he would have had to pay 55.12 lakh. He wrote to the chief minister that he could not afford to pay such a huge amount. Later, his allotment was cancelled without stating any reason.

Umashanker revealed he had an MIG flat in his name when the plot was allotted and he was not aware about the rule of Tamil Nadu Housing Board (TNHB) that he can’t claim a plot when he has another flat in his name.

It certainly seems commendable that Umashanker turned down a chance to own a plot in Thiruvanmiyur Extension, one of the poshest areas of the city. The plot is just 300 metres from the beach.

Though the entire colony has been parcelled out to those close to the ruling establishment, it is the nouveau riche and the industrialists who dream of owning a house in Thiruvanmiyur, where they can rub shoulders with former judges, bureaucrats and political power brokers. If and when the allottees decide to sell their plots, they can demand extremely high prices.

In a frank chat, Umashanker talks about how the government discretionary quota has been misused. Excerpts:

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? It’s 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.

 

Minister’s DQ proves judges are more corrupt than civil  servant

 

NEW DELHI/BHUBANESWAR: An investigation by Cobra post and IBN Network has revealed how former and sitting judges of Orissa, police officers and bureaucrats have received flats from the DiscretionaryQuota (DQ) of ministers. As a matter of fact, successive Urban Development Ministers in the Naveen Patnaik government have misused the discretionary housing quota.

According to the revelation, the judges have got the ‘minister quota’ flats out of turn and at cheaper rates.

The IBN Network accessed letters of judges written to the government asking for prime property in Cuttack and Bhubaneswar.

Prime properties were acquired in Cuttack at concession rates, bypassing the Cuttack Development Authority. In fact, Sectors 10, 11 and 13 of Cuttack’s Abhinav Bidanasi project has practically become a judges’ residential colony.

Former Chief Justice G B. Patnaik is a resident of flat 1B/22 in Sector 11 while former Orissa High CourtJudge Radhakrishna Patra has flat 1B/23 in the same sector, given out on lease.

Supreme Court judge Deba Priya Mohapatra, Orissa High Court judges Sanju Panda, Madan Mohan Das, Nityanand Prastuti also own flats in Sector 10 and 11.Papers for the flats were prepared quickly and some judges even got preferred plots.

Most of the allotments took place between 2000 and 2007, under the BJP  cadre Urban and Housing Development Minister  Sameer De who was State Development Minister from 2000-2004 and then Kanak Vardhan Singh Deo who called the shots from 2004 to 2007.

All that the judges had to do was written to the Minister. The CNN-IBN has a letter written by Justice Madan Mohan Das to the CDA Chairman and to Minister Kanak Vardhan Singhdeo, asking for a B-Category Flat in Sector 10, saying he would ensure a third party transfer of a C-Category Flat already owned by his wife.Justice Das was allotted the flat in just six days.

 

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 don’t 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.

 

Mysore DC indicted for illegally delisting Rs 6k crore land

 

BANGALORE: A major land scam worth nearly Rs 6,000 crore, involving about 2,000 acres at the foothills of Chamundi Hills in Mysore, has been unearthed.

Mysore deputy commissioner P S Vastrad is in the spotlight for illegally delisting in June nearly 2,000 acres of prime government land in favour of the Mysore royal family. The land in question is 1,541 acres in Kurubaralli, 259 acres in Chowdahalli and 173 acres in Alanahalli. The market value of an acre in these areas is between Rs 1 crore and Rs 3 crore.

Some top state BJP leaders and influential religious leaders are said be behind the illegal conversion of the land from ‘B’ kharab to ‘A’ kharab. According to the Karnataka Land Revenue Act, 1964, ‘B’ kharab land is property reserved for a public purpose. Any conversion of this to ‘A’ kharab – making it private property – needs government authorization. But Vastrad passed the order without bringing it to the notice of the government.

“This happened when DV Sadananda Gowda as chief minister held more than 20 portfolios, including revenue. Lack of monitoring in the revenue department enabled the deputy commissioner to change the format,” government sources said. Following complaints against the change in land use, deputy chief minister in charge of revenue K S Eshwarappa ordered a probe by chief secretary S V Ranganath, who has given a report indicting Vastrad of being “guilty of misconduct”.

The land was mentioned as kharab in survey records dating back to 1861. Later, during a resurvey between 1920 and 1930, the same land was shown as ‘B’ kharab.

“It appears the DC executed the order in undue haste. Any decision with respect to such land can only be taken by the government under Section of 86 of the Karnataka Land Revenue Act. The delisting of land from ‘B’ kharab to ‘A’ kharab without considering the original survey records of 1861 is illegal,” the chief secretary said in his report.

Sources in the government said the Mysore royal family had been claiming right over the land after the death of the Mysore Maharaja in 1974, but several orders of the department of personal and administrative reforms clearly state the land belongs to the government. “The heir of the last Maharaja had been raising disputes. Due to this and multiple litigation, unscrupulous elements are trying to falsify records to gain control over this precious land,” they added.

Interestingly, the DC withdrew his June order on August 18 on being indicted. Meanwhile, the Karnataka High Court ordered the status quo.

Chief minister Jagadish Shettar, who wanted to suspend Vastrad, is said to have dropped the idea following pressure from top BJP leaders. The government feels that shunting him out at a time when Dasara preparations are under way would mar the festivities.

“I will urge the CM to convene a meeting and take action against the DC,” Eshwarappa told TOI.

 

DC Vastrad yielded to real estate lobby: MLC

 

Mysore: BJP MLC G Madhusudan on Friday accused Mysore DC P S Vastrad of succumbing to the real estate lobby in a case related to some 2,000-acre land at the foothills of Chamundi Hills.
He has complained to CM Jagadish Shettar in this regard. The BJP leader has also asked for a stay on the proceedings following the order by Vastrad.
In his complaint to Shettar, the MLC said: “The land at the foothills is quite precious and costs several thousand crores as per the present market… You are requested to go through the documents and take up investigation into the matter.” In the strongly-worded letter, he has told the CM that “people are alleging that the DC has succumbed to the real estate lobby.”
Releasing the copies of his petition, and that of related documents to the media on Friday, Madhusudan asked the CM to intervene. According to him, the court of the deputy commissioner has declared it as B-kharab land and has directed the authorities concerned to issue khathas in the name of Srikantadatta Narasimharaaja Wadiyar, the scion of Mysore royal family and other respondents. In 1935 — when Maharaja was ruling the state — the said land was declared as B-kharab, which remained the same all these years. In fact, Maharajas Nalwadi Krishnaraja Wadiyar and Jayachamaraja Wadiyar wanted that to be maintained as a green belt to guard the sanctity of the sacred site. “To ensure this, maharaja Jayachamaraja Wadiyar did not make any attempt to register the property in his name till his death,” he contended, adding that he didn’t even go in for partition of the land in Kurburhalli.
Claiming that it is a public property, the MLC accused the DC of taking arbitrary decisions. “First of all, he can’t review any decisions made in the district magistrate court. Secondly, he has to call public objections or have to seek opinion of public prosecutor before conversion of land from B-kharab (unusable land) to A-kharab, which he has not done.”
“There real estate lobby is behind it to usurp the property which needs to be probed,” the BJP leader said. He, however, was evasive when asked to name those involved. When asked whether district minister S A Ramdas is aware of it, he accused him of being negligent on the issue.
Meanwhile, deputy CM K S Eshwarappa, who also holds the revenue portfolio, said that he has convened a high-level meeting, and directed both the DC and the MLC to attend the same.

 

 

BMIC by NICE & land scams  in Karnataka  – an appeal to honourable supreme court of India & H.E.Honourable Governor Of Karnataka

 

When a crime is noticed , it is the duty of the government to investigate who did it ? and to legally prosecute them in court & provide justice . if  thousands of criminals , lakhs of criminals  got together & did the same type of crimes , all of them must be legally prosecuted. Just  for the overwhelming numbers of criminals law of the land cann’t be changed. However  in the Karnataka state , many political bigwigs , rich crooks have done the same crime , LAND GRABBING – illegal possession of government land & illegal constructions over it. Important land records of those government lands , lands belonging to poor are lost in record rooms of civic bodies ( cunningly destroyed by corrupt officials ) Now, their political masters are legalizing the crimes . what a shame to the government of Karnataka ?

 

The  shri.A.T. RAMA SWAMY , (M.L.A) standing committee in the Previous legislative assembly probed  the land grabbings in Karnataka & gave it’s report to the government . However the government in a hurry , is auctioning – off  those government lands without proper publicity  to the auction process , sufficient time for bidder’s expression of interest. In some cases , a pittance is levied as penalty for the illegal occupation to get it legalized. The government is not bothered about legally prosecuting the illegal  occupier  of those lands. In many civic bodies , important property documents belonging to the government  & poor are missing from the record rooms. All these point towards the government intention , to legalise the crimes of  illegal land occupiers who are nothing but their own political  cronies.

 

The recent ordinance by government of Karnataka to regularize land deals is envisaging to legalize the crimes of rich. The illegal land conversions , land encroachments , encroachment of civic amenities made by the rich are being legalized with levying a pittance as penalty in the name of public welfare . Whereas the land worth at today’s market prices are 10’s of thousands of crore it is only wefare of the rich & mighty . IT IS GOING TO BE MOTHER OF ALL SCAMS.  The authorities evict poor tribal people from their ancestral forest area in the name of conservation , evict tribal people from villages in the name of development without proper rehabilitation measures. The government is not giving land rights to slum dwellers , poor , dalits over the land they are dwelling , the government is deaf to appeals of dalits for land rights. However the same government is sympathetic to rich who have encroached land & built huge commercial complexes worth crores violating all norms with total disregard to civic amenity or safety.

 

ILLEGALITIES IN AUCTION OF M/S IDEAL JAWA LTD MYSORE

 

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 conduct auction once again or charge market value to the new owner.

 

LAND MAFIA IN KARNATAKA

 

 

 

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.

 

  1. the authorities are not demolishing these illegal structures & prosecuting the occupiers.

 

  1. In some cases the authorities are denotifying , regularizing those illegal occupations by levying a pittance as penalty which is very much less than the market value.

 

  1. In some cases for example a notified site for school is alloted to an educational trust. They build 2 rooms in 25% of the site & state that this is free school meant for weaker sections. After a year or two , they state before the authority that to run this school they need funds. So they are planning to build commercial complexes around the school site & by the rent collected from shops they will run the school. In this manner sites meant for schools , hospitals , temples & other social organisations apply for conversion of land usage & use major portion of the land for commercial purposes.

 

Hereby , e-voice  urges the govt of karnataka & other authorities ,

 

  1. to clearly demarcate the govt lands & announce it boldly to the public.

 

  1. To clearly demarcate lands meant for public amenities both for current & future usage.

 

  1. To clearly demarcate lands required for town planning say 20 years down the line.

 

  1. To clearly mention in such plans the purpose it is reserved for ie parks , hospitals , schools , etc.

 

  1. To impartially act against illegal occupiers – rich or poor.

 

  1. Say while denotifying a land meant for school an alternate land for school must be incorporated in the original plan.

 

  1. Before denotification public objections must be called for & considered responsibly.

 

  1. After denotification the land must be sold at the market rate not the govt rate.

 

  1. In case of land usage conversion also the objections from the public must be called for & considered responsibly.

 

  1. After land usage conversion an alternate land must be incorporated in the plan for the original use.

 

  1. In case of land usage conversion also the occupier must be charged at the market value.

 

  1. To declare annually the property details of all officials with denotifying / land usage conversion authorities together with details of their family member’s properties with provision for public scrutiny, cross checking.

 

  1. To ruthlessly prosecute the corrupt officials & ministers.

 

  1. 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.

 

ILLEGALITIES IN BANGALORE-MYSORE EXPRESSWAY PROJECT BMIC by NICE

 

Different political parties are trading charges against each other about illegalities in the mysore-bangalore expressway project. Grave mistakes have been committed by the previous state governments. The saving grace is judiciary has taken note of it. The fundamental principle behind land acquisitions by the governments is to use that acquired lands for public welfare. As the govt acquires the land with this noble intentions even the land looser contents himself with compensation at govt rate. Always the govt rate is much below market value. If at all the govt wants to give out that acquired land to a private party for private use or for the use of a selected few, the govt must give prevailing market rate to the land looser. In such cases the govt does not have authority to force the land owner to sell his property.

 

In this mysore-bangalore 4 lane expressway project, following inconsistencies are there,

 

  1. this road is not for free public use, but only for those who pays the toll fees.

 

  1. The luxurious resorts , townships , etc which are to be built alongside this road are not open for free public usage but only for the rich who can afford it.

 

  1. The govt has concluded this deal in a hush-hush manner.

 

  1. Any disputes raised by this project should be addressed to international arbiter at london which a poor land owner or general public can ill-afford.

 

  1. The govt has not paid the prevailing market value to the land loosers.

 

  1. The govt has not given the option to land owners not to sell their property.

 

  1. 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?

 

CRIMES BY BANGALORE DEVELOPMENT AUTHORITY ( B.D.A)

AGAINST A POOR WOWAN

 

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.

 

Subsequently, the poor man’s daughter smt. Nagalakshmi who was also very poor , appealed to the B.D.A authorities once again , to evict illegal encroachers from her father’s allotted house. This time the corrupt B.D.A officials played a different game. They showed her a vacant house, gave her oral instructions to live in that vacant house & told her that they will regularise it in due course. The hapless poor woman took huge loans & repaired the house fit for occupation.  Just before she was to occupy that house , corrupt B.D.A officials once again planted rowdy elements in that house. Once again the poor woman was cheated. She lost her house, on top of it her loan burden mounted.

 

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.

 

Hereby,  e-voice urges  the honourable chief minister of karnataka, honourable lokayuktha for karnataka , honourable chairman national human rights commission , honourable chairman national commission for women & honourable chairman state commission for women karnataka, to take the appropriate action & to speedily provide justice to this poor woman.

 

 

 

MLC alleges encroachment of 15,000 acres of forest land in Chamarajanagar District

 

After exposing alleged encroachment of large areas of land in Survey No. 4 of Kurubarahalli in Mysore, BJP MLC G. Madhusudhan has come up with another exposure of about 15,000 acres of forest land encroachment in Chamarajanagar District. These lands were encroached by private parties owing to an order passed by a former Deputy Commissioner.

This was disclosed by MLC G. Madhusudan at a press meet at Pathrakarthara Bhavan here today.

Elaborating on the issue, Madhusudan said “The 15,000 acres of land covers Survey No. 1 in Palya Hobli of Kollegal taluk and Survey No. 174 in Shivanasamudra forest area in Chamarajanagar district. In fact, Kollegal Assistant Commissioner, in an order passed through the DC Court on Dec. 13, 2011, had reiterated that the said area was a government forest land. However the then DC M.V. Savithri bowing to the pressure of a few vested interests had issued an order on July 8 stating that the said land was not a government property which subsequently let in many private parties to encroach upon the land threatening the rich flora and fauna of the forest region.

Continuing, Madhusudan said that any such important order should have come from the High Court. Hence he urged the government to initiate a CBI inquiry into the case by cancelling the former DC’s order and booking her for criminal offence.

Expressing apprehension that the forest land would become a haven for land mafia, he alleged that former Senior Police officials, rich industrialists and influential politicians were involved in the deal. He, however, did not mention names.

Madhusudan said that he would submit a detailed letter to the Chief Minister enclosing the relevant documents to initiate immediate action.

Referring to the scam of land at the foot of Chamundi Hill, Madhusudan said that he was happy that a departmental enquiry would begin soon on the former Deputy Commissioner Vastrad who was involved in the issue.

 

BDA a den of corruption: T B Jayachandra

Author: ‘BDA a Den of Corruption’

  • Published Date: Jul 28, 2012 8:48 AM
  • Last Updated: Jul 28, 2012 8:48 AM

Bangalore Development Authority (BDA) has become a den of corruption and the government needs to take steps to check large scale irregularities in the authority, said Deputy Leader of Congress in the Assembly T B Jayachandra.

Speaking on the demands on departments in the Assembly, the Congress leader on Friday urged the government to constitute a House Committee to look into the irregularities.

“The BDA has unlawfully de-notified hundreds of acres of land to help builders to form private layouts.

It is a big business involving hundreds of crore of rupees,” he alleged.

He added that many people whose lands were acquired for developing layouts were made to run from pillar to post to get compensation.

“Many allottees have to run around seeking alternate site as in many instances after allotting sites to people the BDA de-notifies land,” he said.

Jayachandra said that during a recent visit to BDA’s Arkavathy layout, he found a big building in the land meant for developing a park.

“It is a 10-year-old project.

Now all that has come up there are buildings in the site meant for park and an IAS Officers House Building Cooperative Society.

BDA has allotted sites in bulk to the society.

Why is BDA selectively helping officers and not common people?” he questioned.

Jayachandra said that former chief minister D V Sadananda Gowda had assured the House of ordering a probe by Corps of Detectives (CoD).

“Why the CoD inquiry was not ordered? Is the government trying to protect the corrupt? Everyone knows no work can be done in BDA without paying bribe,” he added.

According to him, will get `2 lakh crore if it regularises the illegal BDA layouts.

“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.

 

MUDA LAND IS EASY GRAB !

RTI exposes 4-storey apartment built on MUDA’s encroached land

 

Caption: RTI activist B.N. Nagendra

Mysore, Jan. 8- With the land value in city shooting to the skies, the land mafia continues to encroach upon vacant government lands through dubious means. Despite the land-grabbers encroaching upon the government lands and building multi-storey buildings upon them, the Mysore Urban Development Authority (MUDA) and Mysore City Corporation (MCC) authorities are sitting tongue-tied and hands tied, which has further emboldened the land grabbers who are hand in glove with some unscrupulous officials to create fake records.

It has come to light of late that fake documents were created for two MUDA sites in Chikkaharadanahalli (Aravindanagar) First Stage at Chamaraja Mohalla, on which a four-storey building with 12 apartments have been constructed and all of them are occupied now.

The alleged fraud came to light after an RTI activist B.N. Nagendra, resident of Yadavagiri in city, sought information about the building from the MUDA.

The two sites measuring 50×80 ft in Aravindanagar are close to Kuvempunagar. MUDA had formed the layout during 1988-89. At that time, Sites No. 700 and 701 in Chikkaharadanahalli First Stage were not allotted to anyone.

In reply to the Nagendra’s query under the RTI provisions, the MUDA Public Information Officer replied that MUDA had no records or documents to say that the said two sites were not allotted to anyone.

The sites were formed during 1988-89 and the building on it is eight years old. So, does it mean that the MUDA authorities were blind to the encroachment all these years? Or, is it that they are not aware that the sites belong to the MUDA? Or, does it imply that they are involved with the land-grabber?

The MUDA does not have records of allotment, possession certificate, sale deed, Khata-revenue letter or receipts for cash transactions made. However, the City Improvement Trust Board (CITB) ledger shows the names of Chikkathayamma, resident of No. 818, New Kantharaj Urs Road, Mysore, along with Mahadevamma, Lakshmi and N. Shivakumar, residents of No. 555 of the same address, written by hand. The ledger shows that the two sites were purchased for a mere sum of Rs. 39,366 on April 4, 1988; the Khata and revenue have been fixed based on this document alone. The building was constructed by getting the building plan approved in the names of Mahadevamma and Chikkathayamma. The four-storied building is named as Shashank Paradise.

The site and building was inspected this morning by MUDA Superintending Engineer Shivakumar, Zonal Officer of Zone-1 Bhaskar and other MUDA officials. The 12 families residing in the flats are now an anxious lot after realising that they have been cheated and they do not possess relevant documents for the flats they purchased.

Some of the residents of the building whom SOM spoke to said that they had purchased the apartments based on sale agreements and paid Rs. 25 to Rs. 35 lakhs in advance. They confessed that the low prices lured them to buy the apartments as the actual price in that area was much higher. Each apartment has a master-bedroom, another smaller room, a living room, puja room, kitchen and a toilet.

Meanwhile, MUDA Commissioner S. Palaiah told SOM that he will investigate the matter and take suitable action.

 

 

Muda Land Encroachment: Criminal Case Booked against Housing Society President

 

Mysore, Sept. 20- In view of the allegation of encroaching 27 guntas of MUDA land close to Vijayanagar 2nd Stage, the Vijayanagar Police have booked a case against the President of Sri Mahadeshwara House Construction Co-operative Society, R. Shankare Gowda.

A written complaint filed by MUDA Zone 4 Zonal Officer R. Rajashekhar yesterday, following which a case was registered by Sub-Inspector Kumar.

The land is a portion of the land under survey number 120 in Hinkal, measuring 3.25 acres. Out of this, 1.16 acres of land was acquired on June 20, 1974 under LAC 10. Remaining 2.09 acres was acquired by MUDA from one Puttathayamma through mutual agreement on Oct. 31, 1985.

A 1.14 acre land was given to the Karnataka Water Board where a road and park have been developed. The remaining area lies vacant, of which Shankare Gowda allegedly created fake documents to stake claim on 23 guntas of land in the name of the Housing Society.

RTI activist B.N. Nagendra had sought information about the said land under the Right to Information (RTI) Act which brought to light the alleged irregularity.

Response to MLA Vasu’s letter: Chamarajanagar MLA Vasu had written a letter to Urban Development Minister Vinay Kumar Sorake, urging him to probe the irregularities in sites allotment, suspecting the involvement of some MUDA officials.

The Minister directed the Urban Development Department Secretary to probe the matter, who in turn asked the MUDA Commissioner to submit a report regarding the allegations. A directive was issued to the DC too to probe the matter, following which a complaint was lodged against the Housing Society President.

 

Bid to usurp MUDA corner site using fake documents

 

With the real estate prices in city skyrocketing, efforts to usurp sites and government land by hook or by crook are on too, despite several precautionary measures taken up by the MUDA.

Here is an incident of a person trying to acquire a corner site in Jayalakshmipuram, measuring 110×120 ft, by not paying a single paisa to MUDA but by merely paying Rs. 27,540 in an auction. The matter came to light when a citizen named B.N. Nagendra applied for information under the Right To Information (RTI) Act. It is said that he took interest in digging out information about the site after an acquaintance of his disclosed about the fraudulent deal.

Thanks to the efforts of MUDA Secretary Basavaraju who made meticulous investigations of the documents, the MUDA property worth several crores was saved from being usurped.

The site is in Jayalakshmipuram, which was formed about 40 years ago. It is a corner site off the road leading to The Green Hotel on Hunsur road. The site bears the number 23/A, having site number 23 towards the east, another site on the north and roads on the western and southern sides.

The fraud was committed by Raju, 60, a resident of Paduvarahalli 2nd Main, Door No. 54. He is said to have forged the signature of MUDA Zone 4 Special Tahasildar Devaraj and also used a duplicate rubber stamp for the fake documents.

The truth is that no auction was held for site no. 23/A. However, the accused Raju is said to have created fake documents that claimed that he had purchased the site in an auction for Rs. 27,540 on Jan. 3, 1979. A title-deed for the site was prepared at Zone 4 office under Form-2 (5) in Kannada dated Jan.2, 2013.

The site, for which fake documents were prepared in January, was registered three months later — that is on Mar. 22, 2013, at 4.30 pm, at the Sub-Registrar’s office in MUDA. It is said that the letter written by Special Tahasildar Devaraj to the Sub-Registrar to get the site registered was also forged.

Soon after the fraudulent deal came to the fore, MUDA Secretary Basavaraju placed a signboard at the site four days ago, stating that the land belonged to the MUDA. A complaint was lodged at the Lakshmipuram Police Station yesterday.

It is surprising that the title-deed for the site was prepared despite any auction conducted by the MUDA, no application submitted, no notes written by the officials concerned and no entry made about cash payment. The Police have launched a hunt for the accused who is at large.

 

MUDA employees booked for forgery, cheating

 

Mysore Urban Development Authorities (MUDA) have filed a police complaint against one P Nagaraj son of Puttaswamygowda and two employees of MUDA staff who supported the accused in creating fake documents at Lakshmipuram police station.

MUDA commissioner C G Betsurmath said a site in Gokulam III stage was allotted to one M K Ranganayaki in 1973 through auction and she had obtained title deed in 2002. But in the meantime, the accused Nagaraj has created fake documents about the site and made the authorities believe that he had purchased the said land in 1979 in an auction. Later he has taken title deed for it and then sold it to another party.

But the crime has come to light after the actual owner approached the authorities only recently. When the documents were verified, MUDA authorities found that site number has been forged from 37 to 73.

The commissioner said the title deed of the said site obtained by Nagaraj has been cancelled and we are investigating on this score.

Krishnaraja subdivision ACP A N Prakashgowd said MUDA has given against three persons and we are investigating it.

 

Fraudster sells government land, dupes MUDA

 

The Mysore City Corporation almost lost a huge site because of the negligence of the Mysore Urban Development Authority (MUDA) before the fraud was discovered in the nick of time.

The accused Krishna had forged documents of 1.13 acres in Survey No 505 in Kesare village and sold it to one Parveez who started constructing a building when it was stopped by MCC officials. The accused had even got an NoC to sell the land from MUDA, which did not bother to find out the real owner.

Krishna is said to be a relative of the man to whom the land originally belonged before it was acquired by the erstwhile City Improvement Trust Board (CITB) for civic purposes about 58 years ago.

Finding the land vacant for many decades, the accused created fake documents and tried to sell it.

Sources in the MCC said that after obtaining information through RTI about the land, Krishna, along with his relative Chennaiah, obtained an NoC from MUDA and got the Khata made for the land from the taluk office by producing fake documents.

The property was registered in Krishna’s name in 2009.

Krishna then sold the illegal property to Parveez in 2011-12. After realising that he had been cheated, Parveez filed a suit in court, getting a permanent injunction restraining the defendant from interfering with his peaceful possession of the property.

Revenue Assistant Commissioner R Lokanath said that when he inspected the place, he found that Parveez had occupied the land and even fenced the property that belonged to the Corporation. Upon questioning, he produced the clearances obtained from MUDA, Taluk office and even the court.

After being alerted, MCC officials registered a land grab-cum-cheating complaint against Krishna and Parveez. They have even approached court and the case is pending.

 

THE CLOUT OF LAND MAFIA IN INDIA -the governments daring to by-pass judiciary

An appeal ( PIL ) to the honourable supreme court of India

 

The recent attempts by government of India & other state governments to legalise land grabbings by enacting new land laws in the name of public welfare is farce . while crores of people are without shelter & are living on streets , people in slums , tribal lands are struggling for land rights since decades the governments were mum & deaf. Now , as the rulers themselves & their cronies have built illegal constructions running into crores they are shedding crocodile tears in the name of public welfare. In india, various state governments have enacted ” town municipal / city corporation laws & building laws” , to ensure orderly growth of cities & towns , to ensure the safety of buildings & it’s occupants , to ensure the safety of pedestrians & road users.

 

Numerous educated people , ruling elite – ministers , police , government officials , M.Ps , M.L.As , etc knowing fully well about the laws have illegally built bungalows , commercial complexes , throwing to wind all laws. In their greed they have shown utter contempt towards law. They have encroached dried –up lakes , rivulets , rain flow paths , drainages , foot paths , civic amenity sites. In their building there are violations of- lack of fire safety exits , lack of parking space , encroachment of foot paths , conservancy line , drainages , etc.

 

There is wide spread corruption in the corporation / municipal authorities. For a price officials have converted  CA sites to commercial purposes , authorised deviations / encroachments of public

lands like foot paths , drainages , parking space , set-off , etc. The corporation officials themselves are violating city master plans. Even before authorising the conversions & encroachments of lands , the

corporation officials are not making alternate arrangements. By all these corrupt deeds many of the corporation officilas have become millionaires . however more & more road accidents are taking place , building collapses & fire tragedies are occurring , during heavy rainfalls water is getting  clogged – ALL THESE RESULTING IN LOSS OF HUMAN LIVE & PROPERTIES. In recent days numerous murders have taken place over the real estate issues . THE CRIMINAL LAND GRABBERS MADE DEATH THREATS & FORCED THE PIL APPLICANT IN THE KARNATAKA HIGH COURT ABOUT LAND GRABBINGS IN KORAMANGALA LAYOUT BANGALORE. The government of karnataka instead of protecting the PIL applicant & upholding the law has taken sides with the land grabbers.

 

 

The state governments of karnataka & delhi has got M.L.As & officials who have themselves violated building laws & grabbed govt lands. Now , the two govts are contemplating to bring in laws regularising these land grabbing crimes for a pittance as penalty. All to by-pass judiciary. The governments are least bothered about the lives of poor & only too caring towards the land grabbing criminals.  The same governments have not yet given land rights to poor slum dwellers / dalits , land rights to tribals living in forest since centuries , land rights to poor agricultural labourers, where as it is full of concern towards rich & mighty land grabbers – criminals.  Bottom line – whatever be the magnitude of crime if you are rich & mighty law will be bended to suit you , by bad luck if you are a poor folk you are bound to suffer being on the right side of law also.  Hereby , e-voice  urges requests the honourable supreme court of india , to register this as a PIL , to provide protection to the PIL applicant in bangalore & to take appropriate actions against the GOK & GOD nipping at bud their illegal motives to regularise land grabbings.

 

Instead  of  answering  our  RTI  questions , the  officials  are  giving  half  truths , vague answers  to our questions , some of the serious questions they are not answering at all.  Even  Mr. P. Manivannan past deputy commissioner of Mysore District & Chairman of MUDA , failed to uphold justice . He threatened me for asking truth , but he didn’t answer the  RTI questions. Through media management he has cultivated a clean  public image of demolishing man of illegal structures , whereas during his time only some illegal structures were raised.

 

Due to Criminal nexus of  Some MUDA officials – Politicians – Police , these  illegal land grabbings are happening , the honest  among MUDA , POLICE  & Politicians must raise to the occasion . They must  save government land , first of all ask MUDA  Chairman / commissioner  to answer the above RTI  Questionnaire publicly.

 

 

Hereby , e-voice urges the  concerned authorities  , to answer the following questionnaire about BMIC project by NICE

 

http://www.vijaykarnatakaepaper.com/svww_zoomart.php?Artname=20100214a_009101001&ileft=50&itop=56&zoomRatio=130&AN=20100214a_009101001 

 

Hereby ,e-voice  appeals to honourable supreme court of India , to annul the bid process of government of Karnataka with respect to illegally occupied government lands &  to annul this ordinance of government of Karnataka which seeks to legalize land crimes. Jai hind . vande mataram.

 

 

Your’s sincerely,

Nagaraja.M.R.

 

To,

Shri. Dr.Sindhe Bhimsen Rao . H ,

RTI APPELLATE  AUTHORITY &  CPIO ,

Additional Secretary to Chief Minister ,

Room No 236 , 2nd Floor ,

Vidhana Soudha , Bangalore – 560001.

 

APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA 

 

FULL NAME OF THE APPLICANT : NAGARAJA.M.R.

ADDRESS OF THE APPLICANT : NAGARAJA.M.R.,

EDITOR , SOS E-VOICE JUSTICE  & SOS E-CLARION OF DALIT ,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA  PIN – 570017.

 

Please  go through  the  some of  actual criminal cases of  land grabbings   enclosed herewith.

“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 people’s representatives , police , public servants &  Judges.  Some of the below  mentioned  officials  fall among the category of churchill’s men –  Rogues  , Rascals & Freebooters. To my previous RTI requests & appeals  they  tried covering – up crores worth  SCAM   by transferring application from one to the other at the end  by denying  information to me, Does not the Revenue  department  possess  information ?

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 PEOPLE’S 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 CRIMINALS  WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. 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  it’s 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 didn’t 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-land-scams,
  13. https://sites.google.com/site/sosevoiceforjustice/land-grabbers-in-m-u-d-a ,
  14. Does not hiding a land crime , embolden land grabber to commit more land crimes ?
  15. What action taken against BDA , MUDA & Revenue department officials  who are covering crores worth land scams inspite of my repeated appeals & RTI  Requests ?

 

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 , journalists , politicians , artists , etc ?

    18. how many judges , artists , politicians , journalists , sports persons , etc have benefited from these out of turn allotments by MUDA / MCC / GOVERNMENT ? specific figures yearwise since 1987 ?

    19. what action has been taken against developers , housing societies , who have violated MUDA / MCC / GOVERNMENT norms ?

    20. when poor scheduled caste , scheduled tribe people , minority people illegally live On MUDA / MCC / GOVERNMENT sites building temporary huts , MUDA / AUTHORITIES with the help of police razes down those huts & evicts the poor by brute force. Whereas , when cronies of political bigwigs illegally occupy MUDA , MCC / GOVERNMENT lands worth crores of rupees & build big complexes earning thousands of rupees monthly rent , MUDA 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 MUDA / MCC GOVERNMENT ?

    21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by MUDA / MCC / GOVERNMENT since 1987 till date ? yearwise figures ?

    22. how much of MUDA / MCC / GOVERNMENT lands , sites , houses are under illegal occupation ? status report yearwise since 1987 ?

    23. how much of those has been recovered ? has the MUDA ,AUTHORITIES recovered the rents earned by illegal occupation ?

    24. have you filed police complaints against those criminals – tresspassers ? if not why ?

    25. is the MUDA / MCC / GOVERNMENT giving wide publicity & sufficient time to bidders about it’s auction schedules ?

    26. is the MUDA / MCC / GOVERNMENT giving market value to land loosers ?

    27. is the MUDA / MCC / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ?

    28. is the MUDA / AUTHORITIES 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 MUDA / MCC /
    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 MUDA MCC or other land developers ?

    31. has the MUDA , MCC taken alternate steps to create new lakes , ponds ? how many are created till date ?

    32. in & around mysore 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 MUDA / MCC / GOVERNMENT or other developers ? specific figures yearwise since 1987 castewise , religionwise ?

    34. in & around mysore city , in how many areas developed by MUDA & private developers , the sewage water generated in those areas is directly let into lake , ponds ?

    35. how many tributaries , lakes , ponds are killed in this fashion by MUDA , MCC & other developers , housing societies ?

    36. how many business complexes , flats , residential layouts developed by private real estate developers , housing societies are dumping the sewage , / waste generated in their buildings , into unauthorized dumping grounds , lakes , etc . thus disturbing the environment & creating public health hazard ? how the MUDA / MCC is monitoring sewage / waste disposal ? status report yearwise since 1987 till date .

    37. how many unauthorized housing layouts are there in & around mysore city ? what action by MUDA / MCC / GOVERNMENT against them ? action taken report yearwise since 1987 till date .

    38. around mysore city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural purposes 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 ?

  2. 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.inmysore 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 generated in those areas is directly let into lake , ponds ?

    35. how many tributaries , lakes , ponds are killed in this fashion by BDA / BBMNP / KIADB / GOVERNMENT & other developers , housing societies ?

    36. how many business complexes , flats , residential layouts developed by private real estate developers , housing societies are dumping the sewage , / waste generated in their buildings , into unauthorized dumping grounds , lakes , etc . thus disturbing the environment & creating public health hazard ? how the BDA / BBMNP / KIADB / GOVERNMENT is monitoring sewage / waste disposal ? status report yearwise since 1987 till date .

    37. how many unauthorized housing layouts are there in & around bangalore city ? what action by BDA / BBMNP / KIADB / GOVERNMENT against them ? action taken report yearwise since 1987 till date .

    38. around bangalore city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural purposes 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 BDA / BBMNP / KIADB / GOVERNMENT given alienation of land ie conversion from agricultural to industrial usage. Has KIADB given consent to it ?

  2. 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 BDA / BBMNP / KIADB / GOVERNMENT given wide publicity , public notice calling for objections before alienation of such lands ?

    41. are all those alienations , strictly in conformance to BDA / BBMNP / KIADB / GOVERNMENT’s industrial area development plan ? violations how many ?

    42. is the BDA / BBMNP / KIADB / GOVERNMENT 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.inmysore 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 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 ?

  3. what is the status of house allotted to sri.chandrashekariah vide BDA allotment letter no: 310/267/BDA/ADM/KMRSL(H)/78-79 dt 11/08/1978.
  4. why BDA didn’t file police complaint to evict encroachers?
  5. why BDA didn’t inform the descendents of original allottee about the cancellation of their allotment ?

59.what happened to the money deposited by original allottee?

60.is the action of BDA allotting the said house to an illegal encroacher just by the resolution of BDA committee legal ?

  1. in case the BDA wished to re-allot the said house , first it must have informed the original allottee about cancellation of allotment allowing them sufficient time to reply with public notice in news papers , then they should have allotted the said house to the senior most in the waiting list. But BDA has just allotted the house to an illegal encroacher by the resolution of BDA committee. Is it legal ?
  2. BDA officials gave half truths to my RTI request & stated that the said file concerning this issue cann’t be found ie lost . is it legal ?
  3. has the BDA filed police complaint regarding theft of file from the record room ? HONOURABLE COMMISSIONER OF BDA PLEASE REFER THE FOLLOWING ARTICLE.

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  ,

 

YEAR TO WHICH ABOVE PERTAINS : DOCUMENTS PERTAINS TO YEAR 1995 –  2015 .

 

PUBLIC INFORMATION  OFFICER  WHO FAILED TO  GIVE   INFORMATION  :

PIO , CHIEF MINSTER’S OFFICE , GOVERNMENT OF KARNATAKA , VIDHANA SOUDHA , BANGALORE.

 

FEES PAID : IPO 16G 733464  for Rupees  TWENTY  only

 

DATE :  28.03.2015 ……………..………………………NAGARAJA.M.R.

 

PLACE : MYSORE , INDIA….. ……………………….( APPLICANT)

 

The Art of Living Illegally

 

THE ‘GURU of joy’ Sri Sri Ravi Shankar has been found guilty of encroaching more than five acres of government land worth Rs 50 crore in Karnataka. The land meant to be distributed to the poor and landless has been illegally acquired by Sri Sri, who has constructed an Art of Living meditation centre on it, violating the law.

 

Even though the Mysore Urban Development Authority (MUDA) wanted to fine ‘Guruji’ and had asked for the demolition of the building, a timely intervention by former chief minister BS Yeddyurappa has saved the Art of Living Foundation from facing legal action.

According to documents obtained by TEHELKA, MUDA had acquired 100 acres at Alanahalli village near Mysore in 1985, ’92 and ’97 for the development of residential colonies for 1.5 lakh landless poor. Out of the 100 acres notified by MUDA, 70 were developed and the rest was denotified and restored to the original owners.

“The land that Sri Sri acquired was left as a buffer zone and not developed as a residential layout as it allowed for the free flow of water from Chamundi Hills to Alanahalli tank. It was supposed to be converted into a botanical park,” says M Lakshmana of the Association of Concerned and Informed Citizens of Mysore.

However, in 2002, the land was acquired by the Art of Living through a proxy by the name of R Raghu, even when the land was in the possession of MUDA. And a building was constructed for conducting yoga and meditation classes.

Taking note of this, on 20 December last year, the then Deputy Commissioner of Mysore Harsh Gupta wrote to MUDA directing it to reclaim the government land from the Art of Living, and sought a response within seven days. Following the order, MUDA wrote to the tehsildar instructing him to serve a notice to Art of Living. The tehsildar’s office did so on 4 January, stating that the building constructed at Alanahalli was illegal and slapped a fine of Rs 1,000 on the organisation as per the Karnataka Land Revenue Act, 1964.

Apart from this penalty, Art of Living was given two days time to demolish the building, failing which the department would clear the encroachment and slap an additional fine of Rs 25 per day.

Shunted out of the deputy commissioner’s post, Gupta, now assistant director of Sarva Shiksha Abhiyan, says, “During my tenure, a survey was being conducted of the 1,500 acres of government land. And wherever discrepancies were found, notices and orders were issued. During that survey, we found out that the Art of Living had encroached upon five acres of government land.”

Gupta’s orders were not carried out. The same day, a letter from the chief minister’s office signed by Principal Secretary ISN Prasad prevented the deputy commissioner and the taluka administration from carrying out its duties.

The letter instructed the district and taluka administration against demolishing the Art of Living building on survey No. 41/F block (P6) in Alanahalli, saying, “The chief minister will take a decision on it.” However, Yeddyurappa did not bother to take any decision and the Art of Living continued construction activities on the land.

“It was done to stop the precipitate action,” says Prasad. An Art of Living delegation had met Yeddyurappa and he had asked the district administration to refrain from action till a further decision is taken.

“That didn’t happen due to various reasons. But the current Chief Minister DV Sadananda Gowda will call a meeting with all the local officials,” says Prasad.

Responding to the claims, Karthik Krishna of the Art of Living’s bureau of communication says, “Since 2003, we have been working to denotify this land that was falsely notified to extract a bribe, which we fought tooth and nail and were also slapped with a fine.”

The Art of Living has not encroached on any land, he says. The 5-acre plot was purchased by R Raghu from Gangu Belli Belliappa on 25 November 2002. Since then, the premises have been utilised with the permission of the landlord for conducting yoga and meditation classes, says Krishna.

 

“This is not the first time a case of land-grab has been brought against the Art of Living,” says Lakshmana. In Mandya district, the organisation has been accused of grabbing 20 acres. And a 2006 report on government land encroachments in the state had also found discrepancies in its Bengaluru ashram. In Mysore, apart from the five acres of government land, the Art of Living has encroached around seven acres worth Rs 70 crore near the tourist spot of Chamundi Hills.

V Balasubramaniam, former chairman of Land Task Force, says the AT Ramaswamy Committee report had found that the organisation had encroached upon 6.35 acres of government land in Agara village in Kengeri, Bengaluru. The committee claimed that the land encroached by the Art of Living was worth more than Rs 8 crore.

Lakshmana has filed a criminal complaint against Sri Sri Ravi Shankar and Yeddyurappa. “I have also lodged a complaint with the state Human Rights Commission, asking how a high-flying organisation like the Art of Living could obtain a site when poor and landless people are waiting for the past 30 years,” says Lakshmana.

 

YET ANOTHER MUDA SITE GRABBED 

Mysuru, Mar. 26- In yet another case of land grabbing that has now come to light, a 50’x80’ site (No. 5491) in Vijayanagar second stage, adjoining site No. 5490, which was allegedly grabbed by unscrupulous persons using forged documents (reported in SOM on 24.3.2015), too has been reportedly grabbed.

One B. Thimmappa, a resident of 9th main, Saraswathipuram, is alleged to have grabbed site No. 5491 measuring 50’x80’ located near the water tank in Vijayanagar second stage, using forged documents.

The hand of unscrupulous MUDA employees is suspected in this case too.

MUDA Commissioner S. Palaiah, after coming to know of the fraud, has annulled the allotment letter, Sale Deed and other documents pertaining to the site.

  1. Thimmappa is said to have taken the site into possession under the Asha Mandira Scheme on 17.2.2003, with unscrupulous MUDA employees allegedly joining hands with him in creating fake documents. Thimmappa later sold the site to K. Kantharaj and S. Vinutha on 13.5.2010, with the khata transfer too done.

Later, Kantharaj and Vinutha sold the site to P. Gopal Rao, M. Ravishankar and Prabhushankar.

Thereafter, the buyers Gopal Rao, Ravishankar and Prabhushankar sold the site to one D. Diwakar, along with khata transfer. Despite all these transactions taking place, the unscrupulous MUDA employees and the fraudsters have taken enough care to ensure that the cheating does not come to light.

However, the fraud came to light when the documents came under thorough scrutiny of MUDA Commissioner.

With the grabbing coming to light, the authorities have erected a shed in a portion of the site.

The grabbing of a site adjacent to another allegedly grabbed site on which a building has come up, has caused concern amongst the public, who are now left wondering on how to distinguish between genuine and fake documents. The MUDA officials are coming across such site grabbing cases, even as they dig deeper into the mess.

Even as MUDA authorities are unearthing site grabbing case, MUDA Commissioner S. Palaiah has appealed the buyers to thoroughly check the documents with MUDA for authenticity.

Meanwhile, Pooja Prabhakar, who claims to be the owner of site No. 5490 in Vijayanagar second stage, which was found to have been grabbed using forged documents, during a scrutiny on Mar. 10, is reportedly all set to drag the MUDA to the Court over the issue.

Pooja Prabhakar is said to have cited a case where in a person is said to have allegedly built an unauthorised commercial structure on an illegally purchased site and thus earning a huge sum of money after letting out the structure on rent/lease.


Illogical land laws fostering mafia, says High Court judge

 

 

Acting Chief Justice of High Court of Karnataka, Justice K Sreedhar Rao on Saturday said lack of logic in several laws, including land reforms and acquisition laws, is encouraging land mafia, especially in urban centres. 

“The existing Land Acquisition Act is the greatest enemy of the common man. We have only encouraged land mafia through legislation,” he said, while addressing the National Consultation on “Urban Poor and the Law,” organised by National Law School of India University (NLSIU) here.

Justice Rao said laws related to land need an overhaul, to ensure owners of the land get a share of development. “The growth of real estate mafias and skyrocketing property prices hindered average income earners from purchasing property. By creating mega cities, we have done a great damage to the country,” he added.

Justice Rao said various governments have failed to develop district and taluk head quarters as a result of which we are not able to prevent migration to cities. “Bangalore has developed as a cancerous slum. The urban areas are not having the infrastructure or facilities to deal with this massive population inflow,” he said. The judge also pointed out that the zoning laws often allow arbitrary classifications without taking into account the real situations on ground.

P K Mohanty, Additional Secretary, Union Ministry of Housing and Poverty Alleviation, said the proposed law for property rights for urban poor, to ensure spaces for street vendors, was under consideration and it would be soon placed before the Parliament.

A major issue that needs to be addressed is residency rights of urban poor in the context of vulnerabilities that they face. Though several governmental programmes, specially JNNURM were designed for this purpose, there was a lack of sufficient response from the States to avail the funds and use them in time, he said.

 

BMTF proposes, government disposes

 

Siddaiah was brought back to BBMP despite request for his suspension for his role in DLF case

Senior IAS officer H. Siddaiah, who returned as Bruhat Bangalore Mahanagara Palike (BBMP) Commissioner for a second stint, has come under the scanner of the Bangalore Metropolitan Task Force (BMTF) as a ‘suspect officer’ for his alleged role in the DLF case.

The BMTF, probing the DLF scam that involved illegal widening of a road to facilitate an increase in the floor area ratio (FAR) of an apartment complex, had named Mr. Siddaiah, his predecessor Bharat Lal Meena, besides the former Bangalore Development Authority (BDA) Commissioner Pradeep Singh Kharola among the three IAS officers whose role had surfaced during its investigation “based on oral and documentary evidence”.

BMTF letter

In a letter to Chief Secretary S.V. Ranganath, dated November 29, 2012, the BMTF had sought to place under suspension these three officials, besides 23 others of the BDA and BBMP, to facilitate fair probe.

However, the government chose to ignore the BMTF’s recommendation and brought Mr. Siddaiah back to the BBMP from the Higher Education Department where he was serving as Principal Secretary, thus replacing Commissioner Rajneesh Goel.

The report also names several senior officials of the BBMP and the BDA as “suspect officials” for having allegedly colluded to allow the DLF to up the FAR for its projects, violating BBMP bylaws and BDA’s master plan.

Charge against Shettar

Meanwhile, RTI activist Dinesh Kallahalli accused Chief Minister Jagadish Shettar of trying to hush up the matter by bringing back the same “suspect” officials. He plans to seekGovernor H.R. Bhardwaj’s intervention in the matter as the Chief Minister was involved.

Speaking at a press conference here on Saturday, Mr. Kallahalli said Tirakana Goudar, Town Planning Member (TPM) in the BDA, who was reinstated to his post while he was out on bail, was also being favoured by the Chief Minister.

DLF violations

The BMTF has arrested Mr. Goudar, who was charged with helping DLF Southern Homes legalise construction beyond what was permitted on a civic amenity (CA) site. He was accused of approving the widening of the Hulimavu-Begur Road to legalise DLF Southern Homes illegal construction.

“DLF constructed 1,962 flats instead of the 440 for which they had taken permission. We are not even able to get documents under the Right to Information Act. We want the Governor to intervene,” Mr. Kallahalli said.

 

‘CCTV cameras in BDA are covered with cow dung’

 

The government will cancel alternative land and sites allotted by the Bangalore Development Authority (BDA) in “prestigious extensions” in lieu of private land acquired for the development of Sir. M. Visvesvaraya, Kempe Gowda, Jnanabharathi and Banashankari extensions.

Making an announcement in this regard in the Legislative Assembly, Chief Minister Siddaramaiah promised to order a probe into alleged violation of norms and irregularities committed by BDA and punish the guilty.

Responding to a calling attention notice moved by S.T. Somashekar, K.N. Rajanna and K. Shadakshari of the Congress, Mr. Siddaramaiah admitted that there were illegalities and irregularities in allocation of sites and land for the land acquired in BDA.

The government would order a probe into the scam and action would be initiated against those involved in it. He would direct the senior officials to inquire into the misuse of incentive scheme of allotting land for land losers. Irregularities in revenue land scam would also be probed and all allotments made under this category would be cancelled forthwith, Mr. Siddaramaiah said.

Detailing the allotment made by BDA since 2008, Mr. Siddaramaiah said that 3,314 sites had been allotted under the categories of alternative sites, incentive schemes, land to land and revenue sites. “The government will not spare anybody who has misused the schemes in connivance with the officials”, he said.

Initiating the debate, Mr. Somashekar alleged that BDA had flouted norms while allotting sites and land for acquisition of land without notification.

“BDA officials used the scheme to their convenience, which are meant for helping the poor farmers and land owners”, he lamented.

Accusing BDA of generously giving sites and land to GPA holders in posh localities, Mr. Rajanna, alleged that the authority had not followed guidelines and officials allotted sites and land at their whims and fancies. “The close circuit cameras installed in BDA are being covered with cow dung to gloss the murky dealings. It is scam worth Rs. 1,000 crore and needs comprehensive investigation”, he said.

Violation of order

Pointing at the violation of Mr. Siddaramaiah’s order, Mr. Rajanna said that, through the Chief Minister issued order against allotting sites and land under the category on July 11, BDA allotted six sites on the same evening and issued possession certificates on July 13. This clearly exhibits the uncanny knack of BDA officials to circumvent the directions of the Chief Minister and shows that BDA was above government, he observed.

 

Reclaim 308 G category sites, says Padmaraj panel

 

BANGALORE: In a big blow to allottees of G category sites, the Justice B Padmaraj Committee recommended to the state government it cancel and reclaim 308 sites allotted under the chief minister’s discretionary quota. These sites in prime localities were allotted between 2004 and 2011.

Three beneficiaries, who have already constructed houses, have been asked to cough up twice the current market price of the sites if they want to retain them.

 

The panel has reserved its decision on two sites allotted to former CM DV Sadananda Gowda and BJP MLA DN Jeevaraj as their cases are pending before the Supreme Court.

In all, 313 sites/plots were allotted under G category of BDA rules by previous CMs N Dharam SinghHD Kumaraswamy and BS Yeddyurappa. The beneficiaries included a present minister, MPs, MLAs, MLCs, political party leaders, bureaucrats, police officers, doctors, journalists and even personal assistants, cooks, drivers and peons of powerful politicians.

In Mysore on Saturday, chief minister Siddaramaiah said he would study the report and take necessary action.

Based on a petition filed in 2010 by advocate Vasudev Murthy, the Karnataka High Court directed the state government to form a committee to look into the matter and submit a report. Accordingly, the government constituted the Justice B Padmaraj Committee. By then, many allottees who bagged these prime sites worth crores of rupees had sold their plots in the open market for 10 times that amount.

Though the panel submitted its report on August 26, 2013, the government has dithered taking action. Though the issue was part of the agenda in cabinet meetings, it was kept aside reportedly under pressure from the beneficiaries.

There are even allegations of beneficiaries influencing chief minister Siddaramaiah to bring an amendment to the Bangalore Development Authority (BDA) Act, 1976 so that they can hold on to their sites.

According to BDA rules, a person who owns a site or a house in Bangalore is not eligible for allotment under the G category. But, the majority of beneficiaries owned a site or house in the city. The committee report has pointed out that persons who gave a false declaration on this count should forfeit their sites.

Some prominent allottees

Visveshwar Anantha Hegde Kageri (BJP)

Murugesh R Nirani (BJP)

MP Renukacharya (BJP)

Prahalad Joshi (BJP)

R Roshan Baig (Cong)

Ashoka (BJP)

Sharan Prakash Patil (Cong)

Shakuntala Shetty (BJP)

MT Krishnappa (JDS)

M Srinivas (JDS)

G category site

Rule 5 of BDA (Allotment of Sites) Rules, 1984, lays out various categories under which it can dispose of stray sites. There are seven categories: A (via auction), B (for sportspersons), C (for those who excel in arts, science, literature, education, medicine and public administration), D (for ex-servicemen); F (for dependents of government servants who die in the line of duty) and G (for persons in public life as may be directed by the government). While A, B C, D, E & F category sites are allotted on the recommendation of a BA sub-committee, G category site allotments are the prerogative and discretion of the chief minister.

Who is eligible

* Domiciled in Karnataka for not less than 10 years

 

* Neither allottee nor family should own a site or house in Bangalore metropolitan area

* Allottee or family should not have been allotted a site or house by the BDA, or any other authority within Bangalore metropolitan area. Allottee has to submit affidavit to this effect

 

Read  articles  on  BDA  :

http://articles.timesofindia.indiatimes.com/keyword/bangalore-development-authority

 

 

Ex-MUDA chairmen feel heat over site scam

 

Former chairmen of Mandya Urban Development Authority (MUDA) are in a state of panic as the Urban Development Department has sent a proposal to the Home Department seeking  a CBI probe into illegal financial transactions and distribution of sites.

Ten days ago, the Urban Development Department had sent a letter to the Home Department seeking it to hand over the investigation of the irregularities in MUDA and Ramanagaram-Channapatana Urban Development Authority to the Central Bureau of Investigation (CBI).

The Police Department has already submitted the preliminary report to the court.

As money was invested in foreign banks, huge irregularities had taken place in the site allotment.

Urban Development Minister Vinay Kumar Sorake had provided details of the irregularities to the Home Ministry and requested them to hand over the case to the CBI.

In 1998, the then irrigation minister K N Nagegowda had closed a lake (432 acres, 10 guntas) belonging to the department and handed over 232 acres and 10 guntas to MUDA and 200 acres to the Housing Board for construction of houses for the poor and middle classes.

The then MUDA chairman P M Somashekar took a loan of `5 crore from State Bank of Mysore, Mandya branch, and through a contractor from Andhra Pradesh developed Vivekananda Nagar layout with 2,600 sites in the 232 acres.

Later, when Asadulla Khan was MUDA chairman, 2,200 sites were distributed through lots.

When Hansiyabanu was MUDA chairman, under the ‘Nimma Aayke’ scheme, 200 sites were distributed.

During the BJP government, MUDA chairman Vidya Nagendra had distributed 107 sites even be fore the final date for the submission of applications.

This illegal distribution of sites was also discussed at the Vidhana Soudha.

Advocate T S Satyananda had lodged a case against three members of the Legislative Assembly and several others in the Mandya Lokayukta Special Court for illegal distribution of sites. The government had directed the authorities to withhold the distribution.

Recently, financial irregularities of Rs 5 crore in MUDA and Rs 16.90 crore by the Ramanagaram-Channapatna Urban Development Authority have come to light.

The local police investigated the case and filed a chargesheet.

The minister said: “We have sent a proposal to hand over the case to the CBI. In a few days, with the CM’s approval, the case will be handed over.”

 

 

Probe panel yet to scratch surface of MUDA ‘irregularities’

 

It’s been a month since a high-level committee was formed to probe allegations of irregularities in land acquired by Mangalore Urban Development Authority (MUDA) for Chelyar Layout. It is operational only on paper.

The grandiose plan of MUDA to form a layout and distribute sites to applicants at Chelyar and Madya villages near Surathkal comes at a cost: Rs. 75,000 monthly outgo to service a Rs. 12 crore loan taken for it.

In an order sent by the Urban Development Department, on August 5, a committee was to deliver a report on the legality of the project within 15 days. The committee is headed by Regional Commissioner (Mysore) M.V. Jayanthi, with Deputy Commissioner N. Prakash and Deputy Director of Land Records B.K. Kusumadhara as members.

After allegations that the price paid for the land in 2008 was too high and favourable to private players, Minister for Urban Development Vinay Kumar Sorake promised a probe in June.

The project envisaged buying 200 acres of private land at an agreed rate of Rs. 25,500 a cent. After the approval of the erstwhile BJP-led government, nearly 73 acres of land had been bought.

‘Unscientific project’

While most MUDA officials who talked to The Hindu claimed to have been transferred to the Authority only after site formation, one senior official said: “The entire project was approved by the State government. And so, in this respect, the papers are clean. However, there is a need to ask why the ambitious layout was formed when the Authority was reeling under debt.” Already burdened with a Rs. 4 crore loan, in 2008, MUDA took an additional Rs. 12 crore.

Many officials view the inquiry as a political witch-hunt: aimed at the now-out-of-power party, rather than the Authority itself.

‘Report soon’

With not one meeting called so far, Mr. Kusumadhara said there was little clarity on the scope of inquiry.

However, the Deputy Commissioner said, “We only have to clear the suspicions. We will collect the required documents, and present it before the Regional Commissioner during her visit on September 12.”

 

DLF-Robert Vadra controversy: LAND  SCAM

 

http://www.livemint.com/Politics/bIyiB4vh8SxBgjy54H1BGP/DLFRobert-Vadra-controversy-A-news-roundup.html

 

LAVASA  LAND  SCAM

https://sites.google.com/?pli=1  ,

http://www.newsbullet.in/india/34/35975  ,

 

Probe into bogus bill scam will cover larger picture: BMTF

 

Bangalore: Attempting to clear the air on speculations regarding the alleged multi-crore bogus bill scam in three assembly constituencies, Bangalore Metropolitan Task Force (BMTF) inspector general of police RP Sharma said the investigation will not be restricted to Rajarajeshwarinagar, Gandhinagar and Malleswaram constituencies. The probe will also include other areas, he clarified.

Speaking at the BBMP head office on Wednesday, Sharma said even though the FIR filed on November 4 by the additional commissioner (administration) pertains to only three constituencies, sleuths will look into other areas if necessary. “The C(TVCC) had mentioned only three constituencies in its report pertaining to irregularities from 2008 to 2011. The FIR was only an instrument to take up investigation, but it does not restrict us from taking up the investigation in other areas,” he said.

 

Town planners’ help to be sought

He said even though there is a delay in filing a case, BMTF is trying to clear all hurdles and expose those involved in the scam. The BMTF has seized 153 files pertaining to the irregularities from the three constituencies. Eleven persons and TVCC officials were interrogated and 153 files verified by sleuths in 20 days, Sharma said.

Reacting to a question raised on BMTF’s ability to investigate financial crimes and demand to hand over the probe to the Lokayukta, Sharma said the sleuths would seek help from town planners. Currently, there are only two town planners of the 15 sanctioned posts. The investigation team will also include a superintendent of police, deputy superintendent of police (who will join the team shortly), two inspectors, four sub-inspectors and 15 head constables. A fair and impartial investigation would be conducted by the investigation team, he assured.

“We can ascertain the quantum of money that is involved in the scam only after the investigation,” Sharma said.

BBMP commissioner Siddaiah entrusted the BMTF to carry out inquiry into the `1,539 crore scam after it was unearthed by the TVCC. The BMTF is an autonomous agency under the state government. It is alleged that bills were sanctioned even though works were not completed in the three assembly constituencies. The irregularities took place during the administrative period when BBMP remained without people’s representation. With no corporators, MLAs looked after project works in the wards. The elections to BBMP were held in 2010 after a gap of three years.

Last Friday, leaders of the ruling and opposition parties and civic officials participated in a two-hour meeting called by BBMP mayor R Shardamma to discuss the probe. It was decided to set up a house committee, consisting of five ruling party corporators, two from the opposition and two officials, to investigate the scam, before BMTF took up the case. The move was seen as a delaying tactic by the ruling party in the BBMP council.RK Sharma, IGP, Bangalore Metropolitan Task Force, after a press conference at Bruhat Bangalore Mahanagara Palike headquarters on Wednesday.

 

Bangalore: BMTF Registers FIR Against Suresh Kumar, Krishnaiah Setty

 

The Bangalore Metropolitan Task Force has registered an FIR against Minister for Urban Development Suresh Kumar, former Housing Minister M Krishnaiah Setty and senior IAS officer V P Baligar for allegedly returning four acres 20 guntas of land, which was acquired by the government under the Karnataka Urban Land Ceiling Act to construct houses for the slum dwellers at Laggere, to the original owner.

The case was lodged based on a complaint by Dinesh Kallalli, a social worker, who stated that Kumar, in his capacity as Urban Development Minister, granted permission to return the land to the original owner, while then Housing Minister Krishnaiah Setty halted the process of constructing houses for the urban poor.

The BMTF has registered a case against the trio under Sections 13 (1) and 13 (2) of the Prevention of Corruption Act, 1988 and Section 157 of the CrPC on Saturday. Kallalli told Deccan Herald that in 1982, the government acquired 4.2 acres of excess land in survey number 19/2, which belonged to K Gopinath to build houses for the financially weaker and downtrodden people. In 2003, the Karnataka Slum Development Board (KSDB) started the process of constructing houses.

When the process reached the stage of inviting tenders, the Yeddyurappa government took the decision to return the land to the original owner.

It is learnt that under the Karnataka Urban Land Ceiling Act, no one can hold more than 59 acres of land and the excess land should be confiscated. Gopinath had reportedly possessed 4.2 acres in excess, which the government took it in its custody in 1982. Once the land is in government’s custody, it cannot be returned to its original owner, although the government has the power to allot it to other individuals.

Kallalli alleged that the decision was taken to help Gopinath, who is the brother of senior RSS functionary K Narahari. He claimed that the KSDB had objected to the decision, reminding that it was not only illegal, but would also affect the weaker sections of the society. The board also said that the tender process was almost over.

However, the government set aside the objections of the KSDB and the tender process to construct houses. When contacted, Kumar said he had no information about the case since he was away in Bellary. He said he would find out once he returned to Bangalore.

A few months ago, Kumar had tendered his resignation after it was alleged that his family was the beneficiary of a ‘G’ category site. However, the chief minister refused to accept the resignation as no substance was found in the allegation.

Setty, who was in jail over a land denotification case, is out on bail. Baligar is the Managing Director of Housing Urban Development Company (HUDCO) in New Delhi.

When contacted Dr R P Sharma, Additional Director General of Police, BMTF was not available for comments.

 

JUDGES  COVER-UP  LAND  SCAMS

https://sites.google.com/site/sosevoiceforjustice/judges-cover-up-land-scams

Muda Land Encroachment: Criminal Case Booked against Housing Society President

 

Mysore, Sept. 20- In view of the allegation of encroaching 27 guntas of MUDA land close to Vijayanagar 2nd Stage, the Vijayanagar Police have booked a case against the President of Sri Mahadeshwara House Construction Co-operative Society, R. Shankare Gowda.

A written complaint filed by MUDA Zone 4 Zonal Officer R. Rajashekhar yesterday, following which a case was registered by Sub-Inspector Kumar.

The land is a portion of the land under survey number 120 in Hinkal, measuring 3.25 acres. Out of this, 1.16 acres of land was acquired on June 20, 1974 under LAC 10. Remaining 2.09 acres was acquired by MUDA from one Puttathayamma through mutual agreement on Oct. 31, 1985.

A 1.14 acre land was given to the Karnataka Water Board where a road and park have been developed. The remaining area lies vacant, of which Shankare Gowda allegedly created fake documents to stake claim on 23 guntas of land in the name of the Housing Society.

RTI activist B.N. Nagendra had sought information about the said land under the Right to Information (RTI) Act which brought to light the alleged irregularity.

Response to MLA Vasu’s letter: Chamarajanagar MLA Vasu had written a letter to Urban Development Minister Vinay Kumar Sorake, urging him to probe the irregularities in sites allotment, suspecting the involvement of some MUDA officials.

The Minister directed the Urban Development Department Secretary to probe the matter, who in turn asked the MUDA Commissioner to submit a report regarding the allegations. A directive was issued to the DC too to probe the matter, following which a complaint was lodged against the Housing Society President.

 

d to usurp MUDA corner site using fake documents

 

With the real estate prices in city skyrocketing, efforts to usurp sites and government land by hook or by crook are on too, despite several precautionary measures taken up by the MUDA.

Here is an incident of a person trying to acquire a corner site in Jayalakshmipuram, measuring 110×120 ft, by not paying a single paisa to MUDA but by merely paying Rs. 27,540 in an auction. The matter came to light when a citizen named B.N. Nagendra applied for information under the Right To Information (RTI) Act. It is said that he took interest in digging out information about the site after an acquaintance of his disclosed about the fraudulent deal.

Thanks to the efforts of MUDA Secretary Basavaraju who made meticulous investigations of the documents, the MUDA property worth several crores was saved from being usurped.

The site is in Jayalakshmipuram, which was formed about 40 years ago. It is a corner site off the road leading to The Green Hotel on Hunsur road. The site bears the number 23/A, having site number 23 towards the east, another site on the north and roads on the western and southern sides.

The fraud was committed by Raju, 60, a resident of Paduvarahalli 2nd Main, Door No. 54. He is said to have forged the signature of MUDA Zone 4 Special Tahasildar Devaraj and also used a duplicate rubber stamp for the fake documents.

The truth is that no auction was held for site no. 23/A. However, the accused Raju is said to have created fake documents that claimed that he had purchased the site in an auction for Rs. 27,540 on Jan. 3, 1979. A title-deed for the site was prepared at Zone 4 office under Form-2 (5) in Kannada dated Jan.2, 2013.

The site, for which fake documents were prepared in January, was registered three months later — that is on Mar. 22, 2013, at 4.30 pm, at the Sub-Registrar’s office in MUDA. It is said that the letter written by Special Tahasildar Devaraj to the Sub-Registrar to get the site registered was also forged.

Soon after the fraudulent deal came to the fore, MUDA Secretary Basavaraju placed a signboard at the site four days ago, stating that the land belonged to the MUDA. A complaint was lodged at the Lakshmipuram Police Station yesterday.

It is surprising that the title-deed for the site was prepared despite any auction conducted by the MUDA, no application submitted, no notes written by the officials concerned and no entry made about cash payment. The Police have launched a hunt for the accused who is at large.

CID to probe Rs 6,697 crore KIADB denotification scam

 

Lokayukta directs the agency to submit a report within July 30

Irregularities to the tune of Rs 6,697 crore in land acquisition and compensation by the Karnataka Industrial Areas Development Board (KIADB) between 2006 and 2011 – the span of the BJP government – will be investigated by the CID. The land involved is a whopping 26,674 acres.

A petitioner, Jayakumar Hiremath, filed a complaint with the Lokayukta last August following a directive from the Karnataka High Court. He had sought a CBI probe into the issue.

“The matter is now referred for a CID probe,” Hiremath told Bangalore Mirror. “I welcome this. As the deadline is set now, it has set the ball rolling into the probe.”

In an order dated 29 May 2014, A C Vidhyadhar, additional registrar of enquiries (ARE), Karnataka Lokayukta, has referred it to the CID with a July 30 deadline to submit a report on the case. ”Honourable Lokayukta has taken up the matter for investigation and requisitioned your services under section 15 (3) of Karnataka Lokayukta Act for a further investigation and report.

In this context, I would like to bring to your notice that under sec 15 (3) of Karnataka Lokayukta Act, the Honourable Lokayukta and Upa Lokayukta can avail the services of any agency for the purpose of investigation. As the matter pertained to economic offences, the Honourable Lokayukta has felt it is necessary to utilize your services for investigation,” says the communication sent by the Lokayukta to the CID, a copy of which is with Bangalore Mirror.

 

Karnataka HC summons MD of Karnataka Industrial Areas Development Board

 

BANGALORE: Strongly observing that KIADB (Karnataka Industrial Areas Development Board) has failed to ensure the benefits of land acquisition reached the targeted groups, including farmers as envisaged in its schemes, the Karnataka high court has directed the managing director (MD) of the board to appear before court on Friday.

A division bench headed by Justice K L Manjunath gave an oral direction to this effect while hearing a writ appeal filed by two persons whose lands were acquired in 1996 for setting up a sugar factory at Kaliganahalli and Hattna villages of Bellur hobli, Nagamangala taluk in Mandya district.

The bench also noted that the board has not been able to justify the acquisition as despite lapse of many years as the projects do not start within the stipulated time and other allied conditions like providing jobs to land losers etc are not implemented.

Extension withdrawn

Meanwhile in a related development, a memo has been filed in court stating that two year extension granted in favour of M/s Prem Sugar and Chemicals Corporation Ltd for setting up 5,000 TCD sugar factory with 32 MW co-generation plant has been withdrawn on the ground that the company had misrepresented that there are no cases pending before court.

This order came to be issued after the division bench pulled up the authorities and even warned of contempt proceedings after it was stated that two year extension was granted to M/s Prem Sugar and Chemicals Corporation Limited during the pendency of proceedings before the court.

As per the terms of allotment of 86 acres of acquired land, M/s Prem Sugar and Chemicals Corporation Ltd should have operationalized its unit within 36 months from 1996, by 2000.

Though the company got this period extended through a court order and the Board twice on its own extended the deadline, the company has not even laid a foundation stone for its project despite passage of 16 years after allotment, the court had noted earlier.

 

CAG Finds Lapses in PWD, KIADB Works

 

The Comptroller and Auditor General (CAG) of India has come down heavily on the Public Works Department and the Karnataka Industrial Areas Development Board (KIADB) for causing losses worth crores of rupees to the exchequer. The KIADB alone caused losses to the tune of Rs.104 crore, it said.

The PWD had implemented road works in its Magadi sub-division in a fraudulent manner and the KIADB allotted land to three industrial units at Narasapura Industrial Area in violation of rules, it said.

The report was tabled in both houses of the state legislature on Wednesday. It pointed out serious lapses by the chief engineer, superintending engineer and executive engineer in implementing works worth Rs.250.62 crore in Magadi sub-division in Ramanagaram district during 2011-12.

“There was a total lack of monitoring and supervision by higher authorities during the course of execution of works although the SE/CE were required to regularly monitor and supervise these works. Quality control reports were not available for any of the works claimed to have been executed,” the CAG stated.

The Internal Finance Advisor and secretary also failed to correlate monthly expenditure statements received from subordinate officers with details of works in progress. “The CE allocated grants to the extent of Rs.212.13 crore without prioritising works according to prescribed procedures and did not submit any budget estimates to the government,” the report said, indicting the department officials.

Total grants of Rs.250 crore were allotted for the Magadi sub-division — 27 times the average grants released over the past three years.

The grants were allotted irregularly by the Internal Financial Advisor and the CE, SE without obtaining a list of works. Fraudulent payments of Rs.1.70 crore were made preparing fake bills, it said.

The entire work was split into 1,311 small works with each estimate below Rs.20 lakh to avoid competitive bidding. In 189 cases, more than one estimate was prepared for the same work leading to fictitious estimates. Surprisingly, 891 of the 1,311 contracts were awarded to just 3 contractors without even collecting the EMD and performance security, it said.

Check measurements were done on a single day by the department officials in 25 to 85 works and bills were paid without obtaining quality control test reports.

It said surprise checks were not undertaken by superior officers.

The inspection team constituted by the department had observed irregularities and recommended recovery of the amount from the contractors as works were neither executed nor identifiable during physical verification.

KIADB Land Fiasco

The CAG report on Karnataka Industrial Areas Development Board’s allotment of plots at Narasapura Industrial Area at a subsidised rate has exposed the loss of Rs.104 crore to the exchequer.

While the government had approved the allotment of undeveloped land, KIADB allotted 128 acres of well developed plots for three industrial units at a concessional rate, thus resulting in a loss of Rs.104 cr. KIADB had incurred an expenditure of Rs.1.10 cr for developing each acre of land.

 

Fresh panel to probe into irregularities in site allotment by Shimoga Urban Development Authority

 

The meeting of Shimoga Urban Development Authority (SUDA) convened here on Tuesday has decided to constitute a new panel to probe the alleged irregularities in the allotment of sites in Atal Bihari Vajpayee Layout.

It may be mentioned here that Deputy Commissioner Vipul Bansal, who is also in-charge President of SUDA, had formed an inquiry panel under retired Judge H.B. Ravindranath to probe the irregularities in site allotment.

The panel, in its report, had said that of the total 1,800 sites in the layout, 1,305 sites were allotted in violation of the law.

The committee had pointed out 22 different types of lapses in site allotment. Based on the report, Mr. Bansal had said that a complaint would be lodged with the police against the persons indicted in the report.

In the meeting, R.K. Siddaramanna, MLC, said that it was not possible to initiate legal action against erring persons on the basis of the report submitted by the probe panel.

He said that according to Section 9(2) of Karnataka Urban Development Authorities Act, only the president of an urban development authority should head the panel that probes irregularities.

The meeting has decided to form a fresh panel under Mr. Bansal.

The sub-registrar of Shimoga and commissioners of SUDA and Shimoga City Corporation would be the members of the panel.

Meanwhile, Kallur Megharaj, managing trustee of Shantaveri Gopala Gowda Samajawadi Adhyayana Kendra Trust, has demanded a CBI probe into the irregularities in site allotment by SUDA.

Earlier, Mr. Bansal had said that he would initiate action against the erring persons based on the report submitted by the panel headed by Mr. Ravindranath.

Speaking to presspersons here on Wednesday, Mr. Megharaj alleged that Mr. Bansal haddecided to go for a fresh probe yielding to political pressure.

  • Panel to be headed by Deputy Commissioner

Vipul Bansal

  • Sub-registrar of Shimoga and Commissioners of SUDA and city corporation to be members

 

Ambareesh Accused of Cornering 3 Sites

 

MANDYA: An individual is entitled only to one site from an urban development authority (UDA) in the state, but Housing Minister M H Ambareesh allegedly got three large ones.

Recently accused of violating rules to get a site from the Mandya Urban Development Authority, Ambareesh allegedly bent the rules to get sites in two other cities: Mysore and Bangalore. As an actor, Ambareesh rose to fame by frequently playing an angry, upright police officer who takes on a corrupt system, earning the epithet ‘Rebel Star’.

RTI activist K R Ravindra said Ambareesh had procured the sites by submitting false documents.  “The sites are meant for the public. The government should immediately take them back. Ambareesh should resign from his ministership on moral grounds,” he told Express.

Why Govt Sites?

Sites sold by government-run bodies like BDA are priced way lower than the open market. Ambareesh allegedly got sites from the Mandya, Mysore, and Bangalore Urban Development Authorities. On January 16, 1986, Ambareesh got a 78X 50 ft site (No 1260) in G and H Block Layout, JCST, Kuvempunagar, Mysore.

For Mysore Urban Development Authority records, he gave his residential address as No 172, II Stage, J P Nagar, Bangalore. He paid `36,444 for the site.

Curiously, MUDA handed him the sale deed only on August 12, 2008, 22 years after he was allotted the site. In 1987, just a year after he got a site in Mysore, Ambareesh got another from the Bangalore Development Authority. When he responded to an advertisement offering plots in Sarakki II Stage, he was allotted, on July 28, 1987, a 120X80 ft site. He paid `93,639 for this one.

Woodlands Address

For BDA records, Ambareesh entered his residential address as 412, Woodlands Hotel, Sampangi Tank Road, Bangalore. How a hotel address was accepted by the BDA authorities is a mystery. On March 6, 1999, when Ambareesh was Mandya MP, he again applied for a site. He got a 50X80 site (now with House No 917) on March 23, 2002, under the MP quota. He paid `3 lakh for the site.

Halved and Sold

Later, the site was allegedly divided into two and one portion (25X80 ft) was sold to K Govindaraju, a resident of Mysore, for Rs 1.75 lakh. The other (also 25X80 ft) was sold to S Ajith, a resident of Hindavalu in Mandya taluk, for Rs 3.87 lakh. This sale also violated also rules.

Section 12 (2) of the Karnataka Urban Development Authorities (Allotment of Sites) Rules of 1991 stipulates that any person who owns a site or house in any part of the state becomes ineligible for another site or house from any authority or housing board in the state. Efforts to reach Ambareesh failed.

Self-Housing Minister

Ambareesh allegedly owns three sites in violation of the rules:

n   Mysore: 78X50 ft, Kuvempunagar. Paid Rs 36,444.

n   Bangalore: 120X80 ft, J P Nagar (Sarakki). Paid Rs 93,639.

n   Mandya: 50X80 ft. Paid Rs 3 lakh. Divided it and sold it to two buyers.

 

Full-fledged CBI probe likely in Mandya site scam

 

Urban Development Minister Vin­a­y Kumar Sorake on Tuesday said his department would look into the findings and merits of a report by the Mandya Urban Development Authority (MUDA) commissioner K Mathai on the alleged irregularities and illegal allotment of sites by the Authority.

“We have received the report, but have not accepted it. We will send the report to the Home department for its perusal,” Sorake told reporters here. Sorake said the department had already handed over the initial case to the Central Bureau of Investigation (CBI). The department is handing over all the documents pertaining to the case to the CBI.

“Whether this report also warrants to be handed over to the CBI is a decision which will be left to the Home department,” he said. The report, which was submitted on June 4 to the Urban Development department, speaks about a loss of Rs 300 crore to the State government by way of illegalities under various schemes. The report states that the government has already handed over the case pertaining to 107 sites to the CBI. Justifying the decision to hand over the case to CBI, Sorake said that the initial estimates of the scam were to the extent of Rs 23 crore. The misappropriated amount was transferred to accounts outside India, primarily to Australia, said the minister.

 

On Housing Minister M H Ambareesh’s reported request to transfer Mathai from the present post, Sorake said that he had not received any such request. “But he has already been promoted and transferred to Bidar. Due to the Lok Sabha elections, the transfer was withheld,” said the minister.

Sorake said that the department was trying to strengthen the Directorate of Urban Development and streamline the site allotment process in the City Corporations. He said that 50,000 sites in Mysore were remaining vacant, despite them being allotted to beneficiaries.

 

Land mafia grabs Mysore Maharaja Srikantadatta Narasimharaja Wadiyar Bahadur’s property

With the last scion of the erstwhile princely state of Mysore, Srikantadatta Narasimharaja Wadiyar Bahadur, passing away more than six months ago, the real estate mafia is eyeing his properties running into crores of rupees, in the heart of the historical city of Mysore.

Astonishingly, two prime properties of Wadiyar were alienated just 3 days before he passed away (December 10, 2013) with the sub-registrar’s office even giving its approval. This prompted the late prince’s widow Pramodadevi to seek a Lokayukta probe. Till recently, the Wadiyar family members were not even aware of their land being usurped by the real estate mafia.

The net worth of Wadiyar’s assets (spread across Bangalore, Mysore and Ooty) are estimated to be in excess of Rs.1,600 crore. He also holds a share in the Bangalore Palace grounds, which is embroiled in a legal dispute after the Karnataka Government planned to take over the same. It is not clear as to how many smaller properties the Wadiyar family owns but the land mafia’s efforts, has shocked the people of Mysore. Incidentally, both the illegal transactions were brought to the notice of the royal family by an NGO (Karnataka Rajya Hindulida Vargagala Jagruta Vedike).

“It is unfortunate that illegal alienation of properties owned by the Maharaja’s family is happening in the CM’s hometown. He has agreed to look into the matter and directed the authorities concerned to take up the issue. Hopefully, the Lokayukta should be able to end this menace,” said Vedike’s president K.S. Shivaram.

Mysore Lokayukta SP S.M. Jagadish Prasad said a probe had already been ordered into the two land transactions and that the properties would be restored to the Wadiyars.

In the first incident, a prime property belonging to the Wadiyars near the Mysore Mall was sold, as if the late prince had given his consent on December 7, 2013 (just three days before he died). The police have arrested two real estate agents and the sub-regitrar concerned.

In the second incident, again on the same day (December 7), another prime property (1.5 acres) was alienated in favour of 70-year-old Siddamma, a gardener in the palace. Apparently, it is shown in the sale deed that Wadiyar granted the land to Siddamma as a gift.

“On December 7, 2013, the late prince was in Bangalore. There is no way that he visited the subregistrar’s office to sign the sale deed documents. This is a clear case of forgery. We need to examine all the transactions to detect such cases,” said Shivaram.

According to him, the real estate mafia has fenced three other prime properties owned by the Wadiyars in Mysore.

 

Siddu Govt Illegally Denotified 707 Acres, Alleges BJP

The BJP has accused the Siddaramaiah government of illegally denotifying 707 acres of land in the Arkavathy Layout by flouting High Court guidelines.

This is 166 acres more than what Opposition Leader Jagadish Shettar had mentioned when he raised the issue in the Assembly in July. Shettar had alleged denotification of 541 acres.

The committee, set up by the BJP to unearth alleged illegal denotification in the layout, and comprising party legislators S Suresh Kumar and V Somanna, on Thursday submitted a 12-point report to party president Prahlad Joshi.

The report says the scam was perpetrated by exploiting the High Court direction to review all complaints of irregularities in land acquisition.

Huge tracts of lands have been denotified by marking the note “redo” on these files, making it the new term for denotification in the Siddaramaiah government, the BJP said.

“The Siddaramaiah government has committed a huge scam in which thousands of crores have changed hands and huge tracts of land have been acquired by big builders and developers. The entire deal was done just ahead of the recent Lok Sabha election,” Joshi told reporters.

Joshi and Shettar, who first raised the issue during the last Assembly session said, “It is just the interim report and a more comprehensive, explosive final report would be submitted in January 2015. The state BJP leadership will seek advice from legal experts and decide on its next course of action in the next two weeks.”

BJP, which has not accepted the Justice Kempanna Commission on alleged denotification of land, is contemplating a legal fight and is expected to approach Governor Vajubhai Vala seeking his sanction for prosecution of the Chief Minister. Meanwhile, it may launch an agitation to maintain pressure on Siddaramaiah.

Shettar said there was no question of giving up and the issue would be taken to its logical conclusion “as the government has committed huge irregularities”. Of the 707 acres denotified by the Siddaramaiah government, Special Land Acquisition Officers has recommended denotification of 390 acres during the Shettar regime. “However, I did not approve it when I was the Chief Minister. The Siddaramaiah government has denotified 707 acres, including the 390 acres,” Shettar said.

The BJP released a report on illegal denotification of land in the Arkavathy Layout by the Siddaramaiah government.

The Charges

■ The HC’s six-point guidelines state that denotification could be considered only if:  the said land comes under the Green Belt Area, if the land has already been built up, if the land has been released for charitable trusts, if there is a nursery on the land, if any industry has come up on the land and if the land is contiguous with the above categories, based on the status of the said land as in 2003.

■ For instance, 54 acres of land has been denotified in 2014 ignoring the report of officials who studied the status of the land and had stated that it cannot be denotified. The BJP report says that the land has been denotified flouting the HC guidelines as it involved a deal of hundreds of crores.

■ In a midnight move, 52 acres was denotified without considering any of the guidelines set by the HC based on the only reason that the BDA had received an application seeking denotification.

■ BDA, which had filed an affidavit in the HC to continue land acquisition in Kempapura and Sriramapura villages, later violated its own commitment and denotified huge tracts of land in these two villages after passing a resolution.

■ The BJP report has also suspected malafide intentions in denotification of 20 acres of land in which Tata Housing had shown keen interest.

■ Utter confusion prevails after denotification of land on which Khadi Village Industries Board had allotted sites for about 200

applicants, as there is no clarity on whether the land has been denotified in

favour of the farmers or the board.

■ About 300 site allottees in Arkavathy Layout are left in the lurch as the lands on which their sites have been developed have also been denotified.

 

Who encroached Bengaluru?

 

For 11,595 lake encroachers in Bengaluru Urban and Rural districts, February 29th is the deadline. They can submit their grievances or objections in response to the notices served to them by revenue officials, on encroachment. Though this date may be extended for a few more days, not much time is left for those who wish to communicate their version to the committees headed by tahsildars of respective taluks. This also gives a chance to those who have information on encroachments to share it with the committee.

A 11-member Committee of the Legislative Assembly headed by K B Koliwad, Ranebennur MLA and Legislative Assembly Committee chairman, had recently declared that prominent developers are major encroachers of tanks and tank beds in Bengaluru. The statement was based on a physical survey conducted by the Directorate of Survey, Settlement and Land Records in Karnataka. The Committee had also visited several lakes in the city and verified documents from BDA, BBMP and Lake Development Authority. According to the survey by the Directorate of Survey, Settlement and Land Records: Total encroachment in Bengaluru Urban and Rural districts: 10,472 acres Encroachment in Bengaluru Rural : 6,195 acres. Encroachment in Bengaluru Urban is 4,277 acres. Encroachment by private parties:  7,185 acres Encroachment by government parties: 3,287 acres. Encroachment in Bengaluru North : 1,171 acres – highest in Bengaluru Urban. Encroachment in Hoskote:3,113 acres – highest in Bengaluru Rural

The committee has been issuing show-cause notices to the encroachers to give them a fair chance to submit their version. Koliwad committee will prepare their final report based on inputs to the data that has been shared now. K B Koliwad informed Citizen Matters that as per the system of natural justice, the Committee decided to give an opportunity to the lake encroachers to submit their objections or grievances. Their responses will be examined and scrutinised by the committees headed by jurisdictional Assistant Commissioners. The Committee, while verifying the claims made by encroachers, will also do spot inspections after March, if the need arises. Based on the reports submitted by ACs of various sub-divisions, the Legislative Committee will prepare the encroachment report and submit it to the legislature, along with recommendations, Koliwad said.

He added that the last date for responding to notices which has been currently set as February 29th, could be extended for a few days, as the government officials are now busy with panchayat elections and are unable to attend to the encroachment issue. People can also share information on encroachments, with the committee. Some of the prominent private and government encroachers listed in the survey report are:

Private: Harmony Developers, Divyashree Tech Park, St Ann’s Junior College (KR Puram), Bagmane Developers, Garden City College Bhattarahalli, National College ground, NICE Road, Shobha Developers, SV Lake View Apartment, JSS High School, Prestige Group of Companies, SLN Public School, Aishwarya Apartment, Oberoi Group, Garden View Apartment, Adarsh Developers, Prestige Group, N D Developers apartments, Sriram apartments,

Government: KIADB, BBMP, Kempegowda Hospital and College, BDA, KSPCB, Slum Board, Education department (various government schools), Railway department, Karnataka Power Corporation Ltd, Karnataka Housing Board, Forest Department, International Airport Authority (for Kempegowda International Airport), various road departments, Indian Oil Corporation, Horticulture Department, BMTC, DRDO.

The survey report with the list of encroachers is available here: http://www.kla.kar.nic.in/assembly/commhc3/bangalore_urban_rural_tanks_report_11012016.pdf

 

 

All builders have encroached land: KB Koliwad

 

House committee points to real estate big players for allegedly encroaching city lakes.

Legislative Assembly Committee chairman and senior Congress MLA K.B. Koliwad at a press conference on lake encroachments and water bodies in Bengaluru Urban and Rural districts

Bengaluru: House Committee on Tank Encroachment and Rejuvenation, Chairman, K. B. Koliwad on Friday named many big names in the real estate sector for allegedly encroaching lakes in and around city. The names include Sobha Developers, Brigade Group, Prestige Group, Adarsh Developers, DS Max Group, Bagmane Tech Park, among others.

The committee has not even spared government agencies such as Bengaluru Development Authority and BBMP, as these two agencies are major encroachers among the government departments. Both private and government agencies together encroached  10,472 acre, while various government agencies have encroached 3,287 acres and private builders, including slum dwellers, have encroached 7,185 acres in the city.

According to the Committee the encroached land value is estimated at more than `1.5 lakh crore. Doresani Palya Lake was encroached upon by the BDA and developed as a layout with sites allotted to Assembly Speaker Kagodu Thimmappa and Chief Minister Siddaramaiah himself. Though Mr Thimmappa retained the site, Mr Siddaramaiah sold his site sometime back.

Mr Koliwad told reporters that the IT boom contributed to the greed of these private builders and this led to the encroachment of lakes in and around the city.

“During our investigations it was revealed that several forged documents were fabricated within no time to aid these encroachments,” he said.

According to him, Bengaluru Urban and Bengaluru Rural districts together had 1,545 lakes, 2,000 small water bodies and rivulets, which measured around 3,000 acres. “All in all 11,595 encroachment cases have been identified, which not only include government agencies or private builders but even slum dwellers.  Therefore we have issued show-cause notices to all 11,595 people, including builders and common people involved in these alleged encroachments. The last date for them to respond to our notice is by the end of this month,” he said in response to a question.

After obtaining the reports, the committee will give a final report within three months. The committee is likely to recommend seizure of the assets of officers involved in lake encroachments.

The disclosure of names of big realtors and details of encroachments during the press conference on Friday raised questions rather than clear the doubts. Generally, the House committees do not hold press conferences before submitting the final reports to the Speaker. On Friday, the committee did not give an interim report or the final report to the Speaker. One of the members, who refused to come on record told Deccan Chronicle that the committee wanted to wipe out the negative campaign being spread against the committee that it was doing nothing. Friday’s press conference was an attempt to clear this, he said.

The synopsis circulated among the media did not have any details of companies that allegedly encroached upon tank beds. However, details were orally shared. This raised question as to why such critical information was not shared. The sudden disclosure ahead of the crucial elections to taluk and zilla panchayats may raise many questions about the political ramifications and the future actions involving this information.

We will prove our point: Suresh Hari, secretary, CREDAI
The Koliwad Committee may have released a survey report, but who knows the basis of this report? The findings of the report are subject to interpretation and have their own issues. At the end of the day, who has sanctioned the buildings and who has verified the title? These are all the acts of the state government and its agencies and we have nothing to worry about. We have procured the land legally, and if the Committee says some of the buildings are on encroached land, we have to remember that it’s not the builder who encroached upon it. We will ensure that the safety of property owners is protected by the association and its builder-members. We have time and again said that our properties were constructed with due diligence. Let the Committee prove that our properties are constructed on encroached land and if it says we are wrong, we will prove our merit and show them we are right. The state government is waking up now and saying that some of the layouts and apartment complexes are constructed on encroached land — this is nothing but harassment. However, having said that, CREDAI feels it’s a challengeable report given by the Committee.

Shut down BDA: Ashwin Mahesh, Urban planning expert
The K.B Koliwad Committee has said that the BDA has allotted 65,000 sites on encroached lake beds and over 3,287 acres of land has been encroached by the government bodies itself. Now, what the Committee does not tell us is how these bodies and officials concerned went about the encroachment. The problem is the BDA is both the planning and implementation authority. When the BDA itself is the judge, to decide what job has to be done and how good the job is, where is the question of quality? There are no strengths, skills or trust to the works carried out by the BDA. The solution to this would be in shutting down the BDA. Or at least, it should no longer acquire land but should get involved in infrastructure development. The magnitude of land encroachment and irregularities is so massive that though there are right solutions, they cannot be implemented. Punishment for encroachments cannot be inflicted in accordance to the scale of the encroachments. How can we punish the British for colonialism? The officials who let the encroachments happen have retired and they will say it was not their fault. Maybe we can move the court and the BDA can be penalized. But there’s no way to inflict punishment to the scale of encroachments. The BDA has become a broker agency and it understands that more brokering brings more income. It’s earning its revenue from brokerage and this has to be put to an end.

Demolish all encroachments: V. Balasubramanya, former chairman, Special Task Force
Whether buildings on lake beds have been constructed with government’s consent or not, all illegal buildings have to be demolished. For instance, in Maharashtra, the High Court ordered that encroachments on the banks of the Mithi River have to be demolished and the court order was followed accordingly. Despite land rates being higher in Maharashtra, the encroachments were razed. So, there should be no excuse in Bengaluru; no yielding even to the claims of innocent builders. The individual plot owners should have known that the BDA is a corrupt organization — when buying plots from them, they should be extra cautious. There’s a legal principle called – ‘buyers beware’ and this should have been followed by individual plot owners. If the state government starts regularizing layouts under the pretext of humanitarian grounds, there will be no end to such regularisation. And getting permissions from government agencies even for an illegal plot is not a tough task any more. If all the violations are regularized in the city, one day, people will have to be evacuated as Bengaluru will start flooding due to the absence of lake beds. Private builders will be aware of the violations and there should be no question of regularizing any layouts or constructions, even if it’s sanctioned by a government agency.

Public consultation next step: Suresh Kumar  MLA, member of Koliwad Committee
We have the data for over 4,000 lakes and the Committee members visited 19 lakes in the city. Interestingly, during our survey, it came to our notice that many lakes have dried up 25 years ago and there’s no way water will accumulate in these lakes again. The Committee is in a fix whether such lakes should still be considered lakes or whether we should allow the layouts to flourish. In the first step, we have released the findings of the survey report and we are yet to tackle the issue of layouts that were formed by the BDA. Since BDA is a government agency, owners who have brought plots from the BDA must be rehabilitated. We have held detailed discussions with the revenue department officials regarding this, and now the officials have been directed to hold public consultations in order to gather objections, feedback and opinions from citizens. Meanwhile, we have also instructed the Revenue department to look for alternatives. We are trying to find out feasible solutions to decide the next course of action.

Brigade Group denies allegation

The Brigade Group has strongly denied the report alleging that it had encroached a lake. The realty firm said it was a mischievous and motivated report. “As a responsible real estate developer of repute for over 29 years, Brigade group has been taking great care to save lakes and conserve the environment. In fact, as part of our CSR Initiatives, Brigade Group has recently rejuvenated 24 acres of Sitharampalya Lake in Whitefield,” the company said. We also wish to inform you that Brigade Group recently won two national awards instituted by CREDAI India for its Corporate Social Responsibility. We won the Environmental Impact Award for the rejuvenation of the Sitharampalya Lake in Whitefield and the redevelopment of the Sangolli Rayanna Park in Malleswaram and the social infrastructure award for the redevelopment of the Sri Nadaprabhu Kempegowda Playground in Malleswaram and the Skywalk with escalator across Dr. Rajkumar Road in Rajajinagar,” the company added

 

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Crimes by Khaki

Filed under: dalit human rights — Nagaraja M R @ 8:46 am

S.O.S   e – Clarion  Of  Dalit  –  Weekly  Newspaper  On  Web 

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.10 issue.50… .21 / 12 / 2016

 

 

Crimes by policemen, a matter of concern

 

By D V Guruprasad,  , Former DG & IGP Karnataka

 

 

Sometime ago, when Delhi Chief Minister Arvind Kejriwal made a comment that “policemen are criminals in uniform”, there was outrage in the Delhi Police. A similar comment made earlier by a judge resulted in similar reactions.

Recent incidents in Bengaluru involving policemen, both serving and retired, in criminal activities makes one feel that may be such comments are not entirely unfounded. In the last week alone, Bengaluru police arrested a retired deputy superintendent of police (DySP) and seven serving policemen on charges of robbing businessmen post demonetisation drive.

Few years ago, some police officers in Mysuru allegedly stopped a bus going to Kerala, detained a passenger and knocked off a huge amount of cash he was carrying. On his complaint, an investigation was conducted and some serving police officers were charged for the crime.

Earlier in the past, crimes alleged against police personnel used to centre around their corrupt activities or custodial violence. We had even heard of cases where stolen property recovered from the accused were misappropriated by unscrupulous police officers.

However, policemen themselves planning and plotting robberies and dacoities were rare indeed. The fact that such incidents are now occurring frequently indicates that something is seriously wrong.

There is no easy answer to the question as to why policemen turn criminals. Lure of quick and easy money, constant interaction with criminals and inherent behavioural problems may be cited as some reasons.

But the larger question is how do such people get into the police force in the first place? Is there no system to screen such people from entering the system? Police recruitment does not have a system of identifying potential wrong doers.

Usually physical efficiency test, written test and personal interviews are held for selection. Police departments of five states are now incorporating questions related to assessment of a person’s psychological makeup into the written test.

But potential misfits are not flagged and removed based on their answers. In personal interviews of police sub-inspectors in Karnataka, a psychologist is part of the interview board. But no candidate seems to have been rejected based on the psychologist’s assessment.

Since it is difficult to prevent a person with criminal mind in getting selected into the police wing, it is incumbent upon police top bosses to inculcate values during induction training. While some states have introduced ethics as one of the subjects for police training, many still concentrate on subjects like law and police duties.

It is also a well-known that police training does not get the importance it deserves. Hence even at this stage, undesirable persons do not usually get weeded out.

If a person with a criminal mind manages to get selected and gets confirmed in the police force, the only way to make him pursue a path of law is by constant supervision. It is a pity there are no periodical assessments to gauge the mental makeup of a police constable or a sub-inspector.

The department normally goes by whatever is written by seniors in the Annual Appraisal Reports (ARRs). More often, these reports are written routinely. In the armed forces or in the central police forces, an assessment of a person’s performance and mental makeup is periodically made and black sheep are mercilessly weeded out.

As per the data of the National Crime Research Bureau (NCRB), the total number of criminal cases registered against policemen were 1,989 in 2013; 2,600 in 2014 and 5,526 in 2015. Of these 5,526 cases, Kerala itself accounted for 3,080 cases, whereas Karnataka reported only 84 cases. Considering that people in general do not make complaints against policemen in India, this figure is alarming.

Rare punishments
Out of the 5,526 cases, 4,367 cases were charge sheeted and in 1,512 cases police personnel were arrested. However, the total number of police personnel convicted is only 25. These figures indicate that wrongdoers rarely get punished.

Can such crimes be stopped? The answer is ‘no’. There will be black sheep in the department. However, such crimes can be minimised.

This can be done by screening the applicants for police jobs by using well established psychometric tests, instilling strong sense of values during training and having periodic refresher training courses, taking strict action including dismissing from the service against those with criminal bent of mind and constantly monitoring the activities of at least those police men who come to adverse notice.

Whistle blowers in the department need to be encouraged and protected. Efforts should be made to see that those police men charge sheeted for serious crimes do not escape punishment.

Merely having a Police Complaints Authority in every state does not solve the problem. A system of policing the police needs to be introduced. If police leaders do not sit up and take corrective measures, the situation will go out of hand.

 

 

CRIMINALS IN POLICE UNIFORM
– An appeal to union home minister & Karnataka state home minister

The ABC of police force in India is apathy ,
brutality & corruption . in India, police are not impartially enforcing
law instead are working as hand maidens of rich & mighty. The corrupt
police officers are collecting protection money from criminals ,
collecting money to go slow on investigations , to file B- reports , to
fix innocents in fake cases , to murder innocents in lock-up /
encounters . they are hand in league with land mafia , today C.M of
Karnataka himself issued a warning to police officials about this.
Even in lock-ups , jails, the rich inmates bribe
officials get better food from outside , mobile phones , drugs , drinks
, cigareetes , etc. they get spacious cells & get best private medical
care . where as the poor inmates are even denied food , health care ,
living space as per the provisions of law. The corrupt jail officials
instigate rowdy elements in the jails to assault poor inmates & to toe
their line. More corrupt the police more wealthier he is. Even CBI
officials are no different. The only beacon of hope is still there are
few honest people left in the police force.
Hereby , e-voice urges you to make public the following
information in the interest of justice.

1.how many CBI officials & Karnataka state police officials are facing
charges of corruption , 3rd degree torture , lock-up/encounter deaths
, rapes , fake cases , etc ?

2.how you are monitoring the ever increasing wealth of corrupt police
officials?

3.how many officials from the ranks of constable to DGP have amassed
illegal wealth?

4.what action you have taken in these cases ? have you got
reinvestigated all the cases handled by tainted police?

5.how many policemen have been awarded death penalty & hanged till
death , for cold blooded murders in the form of lock-up deaths /
encounter deaths ?

6.why DGP of Karnataka is not registering my complaint dt 10/12/2004 ,
subsequent police complaints ?
is it because rich & mighty are involved ?

7.e – voice is ready to bring to book corrupt police officials subject to
conditions, are you ready ?

8.how many police personnel are charged with violations of people’s
human rights & fundamental rights ?

9.how many STF police deployed to nab veerappan were themselves
charged with theft of forest wealth?

10.how you are ensuring the safety , health , food , living space of
inmates in jails?

11.how you are ensuring the medical care , health of prisoners in
hospitals & mental asylums?

12.How you are ensuring the safety , health , food , living space of
inmates in juvenile homes ?

 

Ten reasons why criminals in khaki get away

 

Behind every man like S.P.S. Rathore who abuses his authority stand the generals and footsoldiers who help and support him. We need to take them all down.

S.P.S. Rathore, the criminal former top cop of Haryana, may appear alone today but we must never forget that he was able to get away with the sexual molestation of a young child and the illegal harassment of her family for 19 years because he had hundreds of men who supported him in his effort to evade justice.

The fact that these men – fellow police officers, bureaucrats, politicians, lawyers, judges, school administrators – were willing to bend the system to accommodate a man accused of molesting a minor speaks volumes for the moral impoverishment of our establishment and country. Decent societies shun those involved in sexual offences against children. Even criminals jailed for ‘ordinary’ crimes like murder treat those serving time for molesting children as beyond the pale. But in India, men like Rathore have their uses for their masters, so the system circles its wagons and protects them.

The CBI’s appeal may lead to the enhancement of Rathore’s sentence and perhaps even the slapping of abetment to suicide charges, since his young victim killed herself to put an end to the criminal intimidation her family was being subjected to by Rathore and his men. But the systemic rot which the case has exposed will not be remedied unless sustained public pressure is put on Prime Minister Manmohan Singh and Union Home Minister P. Chidambaram, two men who have it in their power to push for simple remedies in the way the Indian law enforcement and justice delivery system works.

First, abolish the need for official, i.e. political sanction to prosecute bureaucrats, policemen and security forces personnel when they are accused of committing crimes. The original intent behind this built-in stay-out-of-jail card was to protect state functionaries from acts done in the course of discharging their duties in good faith. Somewhere along the line, this has come to mean protecting our custodians of law and order when they murder innocent civilians (eg. the infamous Panchalthan case in Kashmir where the trial of army men indicted by the CBI for murdering five villagers in 2000 still cannot take place because the Central government will not grant permission), or assault or molest women and children. No civilised, democratic society grants such impunity. It is disgusting to see former officials and bureaucrats from Haryana saying how they had wanted Rathore prosecuted but were prevented from doing so because of pressure. Such officials should either be made formally to testify in a criminal case against the politicians who so pressured them or they should themselves be hauled up for perverting the course of justice.

Second, stop talking about how making the police and army answerable to the law will somehow demoralise their morale. Does anybody care about the morale of ordinary citizens any more? Or the morale of upright police and army officers, who do not think it is right for their colleagues to be able to get away with criminal acts?

Third, bring an end to the cosy relationship between the police and politicians. Rathore was protected by four chief ministers of Haryana. He served them and they served him by ensuring his unfettered rise. It is absurd that the Indian Police is still governed by a colonial-era Act dating back to 1861. A number of commissions have made recommendations for reforming the police over the years; but no government or political party wants to give up its ability to use and misuse the police for their own benefit.

Fourth, ensure that police officers who abuse their authority and engage in mala fide prosecutions are dismissed from service and sentenced to jail for a long period of time. Mr. Chidambaram should use the considerable resources at his command to find out who were the policemen involved in filing 11 bogus cases against the teenaged brother of the young girl Rathore molested. He should then make sure criminal proceedings are initiated against all of them. The message must go out to every policeman in the country: If you abuse the law at the behest of a superior, you will suffer legal consequences.

Fifth, ensure that criminal charges against law enforcement personnel are fast-tracked as a matter of routine so that a powerful defendant is not able to use his position to delay proceedings the way Rathore did for years on end. The destruction or disappearance of material evidence in such cases must be treated as a grave offence with strict criminal liability imposed on the individual responsible for breaking the chain of custody.

Sixth, empower the National Human Rights Commission with teeth so that police departments and state governments cannot brush aside their orders as happened in the Rathore case. This would also require appointing to the NHRC women and men who have a proven record of defending human rights in their professional life, something that is done today only in the breach. The attitude of the Manmohan Singh government to this commission and others like the National Commission for Women (NCW) and National Commission for Minorities is shocking. Vacancies are not filled for months on end.

Seventh, ensure the early enactment of pending legislation broadening the ambit of sexual crimes, including sexual crimes against children. Between rape, defined as forced penetrative sex, and the vague, Victorian-era crime of ‘outraging the modesty of a woman’, the Indian Penal Code recognises no other form of sexual violence. As a result, all forms of sexual molestation and assault short of rape attract fairly lenient punishment, of the kind Rathore got. In his case, the judge did not even hand down the maximum sentence, citing concerns for the criminal’s age. Sadly, he did not take into account the age of the victim and neither does the IPC, which fails to distinguish between ‘outraging the modesty’ of an adult woman and a young child.

A draft law changing these provisions and bringing India into line with the rest of the modern world has been pending with the NCW and Law Ministry for years. Perhaps the government may now be shamed into pushing it through Parliament at the earliest.

Eighth, take steps to introduce a system of protection of witnesses and complainants. The fate that the family of Rathore’s young victim had to endure is testament to the fact that people who seek justice in India do so at their own peril.

Ninth, ensure that robust interrogation techniques like narco-analysis, which are routinely used against other alleged criminals, are also employed against police officers accused of crimes.

Tenth, the media and the higher judiciary must also turn the light inward and ask themselves whether they were also derelict in their duty. The Rathore case did not attract the kind of constant media attention it deserved, nor do other cases involving serving police officers accused of crimes against women, workers, peasants and minorities. As for the upper courts, their record is too patchy to inspire confidence. It was, after all, the high court which chose to disregard the CBI’s request for including abetment to suicide charges.

 

To,

Shri  Justice T S Thakur ,

Honourable Chie Justice of India ,

No.5 , Krishna Menon Marg ,

New Delhi – 110011.

 

 Honourable Sir,

Subject : Honourable Chief Justice of India  Resign from judicial service

 

Read  the following articles  it shows the ugly face , criminal  face of Indian Police & Indian Judges.  Ofcourse , there are honest few in police service & judiciary , but their numbers  are dwindling day by day.  Their  voices  are  muted. A crime  can happen without the knowledge of police ,  but a crime cann’t continue for years without the knowledge , connivance of local police.

Inspite of repeated  appeals  , show cause notices by  our publication  to you , you have not replied let alone take action. You & your  office staff  lack  decorum , etiquette  , duty consciousness   of  replying  to  letters. You  are making contempt of citizens of india.  But  remember the basic fact  that you are enjoying 5 star pay , perks  at the expense of public.

 

Throughout  this  petition &  in our past appeals , the term “JUDGE”  includes  all public servants  right from  revenue inspector ,  officials performing quasi  judicial functions  right up to chief justice of india.

 

In the following articles we have clearly shown  how   justice is  delayed  &   justice manipulated  in india.  SCI & CJI  is not even bothered about health conditions , life of   applicants.  I  am suffering from health problems  caused by   my previous  occupation  at M/s RPG Cables Ltd  and  am in my final days  ,  authorities   , SCI  , CJI   is not  bothered  to give justice  inspite of my repeated appeals  for  more than  a decade.

 

Following  two   examples , actual cases  highlighting  the  judicial  delays :

  1. In Mysore  ideal Jawa Factory , company was locked out.  Huge amounts were outstanding to banks , suppliers , employees.  The  land  usage , alienation could have been converted from industrial use to commercial  to get higher market price  and then auctioned.  We appealed for same to  authorities including SCI , but they didn’t heed. It was auctioned off  for lesser price , proceeds earned was far  less to  fully  pay outstanding amounts to banks , suppliers and employees. They were only paid less amounts , thus  public banks , suppliers , employees were cheated of  their  rightful  dues. Afterwards the new buyer got the alienation , converted  it from industrial use to commercial usage , demolished factory building built huge residential complex and earned crores of rupees profit.
  2. In mysore  BEML   quarters  lake  &  Hebbal  lake  are  encroached. In the beginning itself , I have appealed to authorities  ,  SCI , CJI   to stop the encroachments.  District magistrate at that time threatened me. Even some citizens groups led protest marches. Nobody was botherd. Today  both lakes are encroached , huge buildings , factories are functioning.

 

It is the duty of Supreme Court of India to Protect , Guard the constitutional rights , fundamental rights of every Indian citizen . Since 25 years  I am  appealing  to SCI  about  issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated  but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made ,  physically assaulted , livelihood  / jobs were  denied , news publication closed , press accreditation denied ,  received threatening  calls , blank calls, even to date  rough elements follow us , rough elements  scout  near home at mid night. Does  not these indicate some ties between rough elements & SCI  Judges ?

Mr.T.S.Thakur , You personally as  CJI  is responsible for protection of our whole family & must ensure protection of our  whole family. Please don’t send police once again to our home , they  lack practical powers , failed previously to enquire high & mighty. They are only interested in taking my statement & closing the case. I have given enough statements  to police , IB. Based on those statements , a supreme court monitored  CBI enquiry is appropriate, to prosecute corrupt public servants.

  1. Why  not police are given enough powers to summon , enquire high & mighty  VVIPs ? Why my decade old complaint to DGP is not acted upon ?
  2. Why  the  enquiry of higher executive in M/s RBI Curreny Note Press (BRBNMPL) , PES Engineering College , NIE , RPG Cables , Mysore District Court  is not done ? These people illegally denied me job opportunities  under the behest of criminals , if they are enquired they will point to the criminal behind.
  3. Why the enquiry  of concerned judges is  not made , who are denying  information  and delaying to act upon our PILs , under whose behest ? If enquired these judges will spill the beans  about criminals behind.

    I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police , revenue officials , District Magistrate & Chief Justice of India together with above mentioned accused public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

    If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward like hit & run cases , murder attempts , unnatural deaths , etc happens to me or to my dependents or to my family members – In such case  Mr.T.S.Thakur , Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , guilty Judges , guilty public servants & guilty Constitutional fuctionaries.

You   are   delaying  taking  action  with  respect to  PILs , appeals   made by us   concerning public welfare , national security, loss to public exchequer , etc.  Where as  courts have enough  time  to  hear  trivial cases  of cricket  boards , etc. When  you  cann’t work  without  fear or favour   of criminals  inside & outside government , you are  unfit  for  the  post . Your continuation  in office  only serves your  self  interest not the country.  Hereby , we request you to  RESIGN from the position  of chief justice of india and  to pave  the way for  may be to a person who can work , uphold law. But  you can  still  continue in office  as a burden   on  public exchequer , society   as  some of the previous CJIs  did.

We  are  witnessing  unfit  people being selected as judges by collegiums , public  service commissions. Till  rot  in  judiciary is cleared , judges  lack  moral , legal  right to prosecute , punish others.  Only when  we  have honest  persons in judiciary , police service    then alone  we can clean criminals  in judiciary , police service , government.  Then  alone we will get RAM RAJYA , a just  society  envisioned  by  our  constitution  framers.

 

Against  common people ,  you  judges make  harsh comments , strict enforcement of law   ,  police  cruelly  treat commoners  , use 3rd degree  torture   on  commoners. Whereas  against  rich  crooks  , mafia   you  judges &  police fail , lack  spine  to  uphold  law.  You are zeroes  before  rich  crooks  , valor of  judges , police  is  only  before commoners.  Still  if you have  little  sense  of  duty  take  action  on  following  PILs  , previous  appeals for  justice by us , reply  to  our  show cause  notices ,  issue  writ of mandamus  to concerned  public servants  to  give  full  truthful  information  to  our   following & previous  RTI  applications.

You have failed in your constitutional duties as Chief Justice of India. It will be better if you resign from judicial services immediately, it will be good for the society  the nation as a whole. or else you can continue in service as a burden on the public exchequer  , the society as some of previous CJIs did.

Still  now also you can change your work style and sincerely do your duties  upholding rule of law IMPARTIALLY. Please read the details at  following web pages :

 

Justice  Thakur  RESIGN

https://sites.google.com/site/sosevoiceforjustice/justice-t-s-thakur-resign ,

https://sites.google.com/site/eclarionofdalit/supreme-court-apologise-to-public  ,

 

Rot in judiciary is decades old. Honourable CJI sir , weeping is not right constitution of india has given you  the authority , TAKE ACTION DO YOUR DUTY.  People , History will remember you forever with respect. Anyway you are getting very good 5 star pay & perks , will also get decent pension after retirement from government. First  forget about post retirement  postings , discretionary allotment of sites , etc from government then you can work fearlessly. Both central & state governments are  biggest litigants in the country , IAS babus make wrong application , interpretation of laws  leading to litigations. Start by clearing the rotten eggs within the judiciary. When judiciary & police  in a country strictly uphold law , work impartially that country  surpasses even heaven.

Do remember on the D Day , in the   Court of Almighty  everybody CJI , Judges , prime ministers , common man alike  has to bow his head. In who’s  court there is no match fixing , no technicalities , no vociferous hi fi advocates , no bias based on caste , religion , region , community , etc , only  straight simple account of wrongs & rights. Guess  his judgement in your case. GOD  BLESS US  ALL.

Jai Hind. Vande Mataram.

Date :  07.07.2016………………..Your’s sincerely ,

Place : Mysuru………………………..Nagaraja.M.R.

 

Karnataka DySP hangs self after being suspended for kidnapping, extortion

 

Kalappa Handibag, deputy superintendent of police (DySP) of Chikkamagaluru Rural in Karnataka, committed suicide on Tuesday by hanging after he was suspended from duty for his alleged connection in the case of abduction and extortion of a financier.

Relatives of his wife, Vidya, claimed that Kallappa committed suicide around 8.30 a.m. when his wife was in the bathroom. He was subsequently rushed to the Muragod Primary Health Centre and then referred to KLE Hospital in Belagavi. However, doctors at the hospital declared him brought dead, as reported by the Hindu.

Handibag’s suspension was issued after a departmental inquiry was ordered against him, following a complaint by 37-year-old resident of Kempanahalli, Thejas, who alleged that Kalappa was one of the six men who abducted him and tortured and extorted money from him.

As disclosed by Thejas in the FIR, he was picked up by a gang of six men around 2 a.m. on June 28 when he was parking the car near his house. He was shoved into a Scorpio (KA 20 N 3657) and taken to an old warehouse in Bengaluru, where he was thrashed by the gangsters who also demanded a ransom of Rs. 25 lakh.

The gangsters told Thejas that he was being punished for duping people through his chit fund business and cricket betting. Thejas negotiated the ransom down to Rs. 10 lakh and called his friend identified as Shivu or Pavan to follow the kidnapper’s instructions and deliver the money.

Thejas’s friend was then given a mobile number (9480805120) and a voice from the other line asked him to deliver the cash to the police quarters behind Mathias Tower on IG Road. Thejas was eventually freed.

DySP Handibag’s role came to light after Thejas and his friend used the car’s registration number and the mobile number to investigate the kidnapping. Thejas’s friend also recorded the mobile conversation with Handibag, according to a report by the Times of India.

Covert op on Dawood compromised by some Mumbai cops: RK Singh

 Noting that Dawood and Lashkar-e-Taiba chief Hafiz Saeed were protected by Pakistani forces, Singh said a secret operation must be carried out in the manner the United States did to kill terrorists Osama bin Laden and Mullah Omar.

 

India had planned a covert operation to take down underworld don Dawood Ibrahim, but the operation was compromised by some Mumbai Police officials. These are the explosive revelations made by former Home Secretary and now BJP leader RK Singh in an interview to Seedhi Baat on Aaj Tak.

RK Singh revealed details of how corrupt elements of the Mumbai Police foiled a secret operation to take down Dawood. The operation was launched when Atal Bihari Vajpayee was the prime minister and current NSA Ajit Doval was at the IB. Indian government had roped in some elements from the Chota Rajan gang and they were being trained at a secret location outside Maharashtra. But Mumbai Police officials who were in touch with D-company landed up at the training camp with arrest warrants for the covert operatives who had been engaged by India. The entire operation to take down Dawood failed due to these rogue elements in Mumbai police. This is the first time that there is confirmation of a botched covert operation to take down Dawood by someone who has held a position of authority.

Noting that Dawood and Lashkar-e-Taiba (LeT) chief Hafiz Saeed were protected by Pakistani forces, Singh said a secret operation must be carried out in the manner the United States did to kill terrorists Osama bin Laden and Mullah Omar. He added that Pakistan will never admit that Dawood is in Pakistan. Similarly, it will shamelessly deny the presence of other terrorists despite funding and training these terror groups on its soil. “India must repeat the Myanmar operation in Pakistan,” he maintained. He added if one operation fails, the government shouldn’t be disheartened but launch another operation right away.

Singh said Modi’s advisors are not giving him the right advice on this issue. “Nothing will be achieved by handing over dossiers to Pakistan. It is globally recognised as a snake pit. We can’t depend on the US to fight India’s battles. India has to fight its own enemies,” Singh added.

Singh also said the neighbouring country needs to be wise and avert a possible war by not shielding a terrorist. “Pakistan has to calculate the cost of a war. I don’t think Pakistan is such a big fool that it would engage in a war with India,” he said. “If America sees any threat from Pakistan, it will act. Similarly, Israel can kill its enemies. We need to develop this mentality,” he added. The retired bureaucrat revealed that specially-trained private security men comprising mostly ex-army men protect Dawood in Pakistan under the supervision of the ISI. Singh exuded confidence that Modi’s visit to the UAE would yield desirable results. He did acknowledge though that Dawood still has significant influence in Dubai.

Coming down heavily on Pakistan, Singh said India must stop dialogue with its neighbor and instead deal with the situation in a strategic manner. “India must hit back in a way that hurts Pakistan the most,” he said while suggesting that the dialogue process only helps Pakistan restore credibility which it has lost all over the world. “Pakistan believes in a constant war with India. We have the capability to hit back hard. Any dialogue with Pakistan is futile. For a discredited country like Pakistan, dialogue process is an opportunity to regain its credibility and strike parity with India,” Singh said. He said the elected government in the neighbouring country had no control over its military force and the ISI.

Singh lauded the central government’s firm stand on separatists in Kashmir. He said the Pakistani government was using separatists to claim in international platform that it has the support of a section of people in Jammu and Kashmir. The Indian government has done the right thing by not talking to separatists, he said.

 

 

Lottery Scam: Retired IPS officer who introduced  Alok Kumar to Pari Rajan was major beneficiary
An IPS officer who retired in 2010 is said to be the major beneficiary of the single-digit lottery racket that was unearthed recently. If sources are to be believed then it is this retired officer who had held several positions in the Bengaluru City Police Commissionerate, who introduced the kingpin of the lottery racket, Pari Rajan, to fellow IPS officer Alok Kumar.

The investigation carried out by the CID has indicated that the retired IPS officer was one of the biggest beneficiaries in the scam and his name figured in the list of 12 serving/ retired IPS officers whom the CID intended to summon for interrogation, the sources said.
Alok Kumar, too, is said have disclosed the name of the officer, when he was grilled by the CID on Sunday.

There are also reports that Rajan, a native of KGF was into hawala transactions and this was a major reason why many officers had links with him.

The suspicion is that Rajan used his contacts with the police top brass to ensure a safe hawala transaction. Hawala operators considered Bengaluru as a safe transit point and it had a well-oiled network.

With the CBI probe being ordered, there are possibilities of various aspects relating to lottery scam and hawala business to come out.

The Excise and Lottery Enforcement Cell was set up immediately after the ban on the lottery business in 2007.

For the first two years, the cell had no station or power to arrest. One of the senior officers, who was in the Enforcement Cell between 2007 and 2010, said that until 2011 there wasn’t much illegal lottery business reported from across the State.

“Matka and single-number lottery were very much in existence, but they used to be handled by the respective district police. As far as lottery was concerned, there was no case registered at least till 2009-10,” an official said.

 

Two More SeniorCops Involved In Racket, Says Kumaraswamy

 

with Pari Rajan. The police have recently arrested Rajan in connection with the scam. Arun Chakravarthy, who was IGP, Lottery Squad, prior to Agrawal, had also taken bribe, he charged. According to Kumaraswamy, 30 to 40 senior police officers, including many IPS officers, are involved in the scam. Despite a TV channel conducting a sting operation in March this year, the government took no action for two months. During this period, the ruling party MLC took Pari Rajan and Matrin to the son of the influential person to strike a deal. When Martin and Rajan refused to pay Rs 100 crore, the scam gradually came out in the open, he said. Paying hafta The JD(S) leader said suspended police officer Dharanesh (who was then Superintendent of Police, Lottery Squad, southern range) and Pari Rajan had been paying hafta (bribe) to a minister in the Siddaramaiah ministry. Dharanesh was recently suspended in connection with the lottery scam. The officer wanted to continue in the post. The then Superintendent of Police, Lottery Squad, northern range, Chandrakanth was trying to get the post held by Dharanesh, he said. “The chief minister and Home Minister K J George should now disclose the name of the minister who was collecting the hafta. He should tell why Pari Rajan was not arrested all these days.” Simmering differences He said the scam emerged due to the simmering differences among the police officers in sharing the bribe money paid by the mafia. Two cases filed initially in KGF in connection with the illegal lottery sale were fake and they were only meant to cover up the scam, he added. Later speaking to the media after the chief minister’s decision to refer the scam to the CBI, Kumaraswamy said the government should get ready to face more embarrassment. However, he welcomed the decision to refer the racket to the CBI. Scam chronicle, according to HDK A constable in Kolar, Manjunath, was regularly taking bribe from Pari Rajan during June or July 2014. Rajan stopped giving him money after he developed contacts among higher-ups. Manjunath informs about illegal activities of Rajan to Singh, a head constable with anti-lottery squad. Singh, brings the matter to the notice of Ramappa Guttedar, the inspector of the squad. When questioned, Rajan he offers big money as bribe. Then he takes these policemen to Chennai where they meet one Martin, one of the key operators. Martin gives Rs 40 lakh as bribe and the three policemen sincerely inform about it to lottery squad SP Dharanesh and IGP Arun Chakravarthy. All the policemen share the money: Manjunath and Singh get Rs two lakh each, Ramappa gets Rs five lakh and the rest was shared by Dharanesh and Chakravarthy. Upset with the small share they got, Manjunath and Singh inform about the illegality to northern range SP Chandrakanth. Chandrakanth tries to get the post held by Dharanesh but fails. He then helps a TV news channel to conduct a sting operation. Six cases referred to CBI by Siddaramaiah government Misappropriation of over Rs nine crore by the officials of Ramanagaram-Channapatna Urban Development Authority with the support of bank officials in 2013. Misuse of over Rs five crore by the officials of Mandya Urban Development n Authority with the help of banks in 2013. Officers of many nationalised banks were said to be involved in the irregularity. Rape and murder of Sowjanya, a 17-year-old pre-university course student of SDM College, Ujire in Dakshina Kannada, on October 9, 2012. The theft of 12 historic idols from Siddhanta Darshan Block of a Jain Basadi at Moodbidri in September 2013. Death of IAS officer D K Ravi in April, 2015. Single-digit lottery scam. H D Kumaraswamy, JD(S) leader: The chief minister and Home Minister K J George should now disclose the name of the minister who was collecting the hafta. He should tell why Pari Rajan was not arrested all these days.

 

DGP son has links with Lokayukta scam accused kin

 

State police chief Omprakash’s son, Karthikesh Omprakash, has business relations with the kin of N Narasimha Murthy, a clerk at the State police headquarters, who has been arrested by the SIT probing the Lokayukta corruption scam.

Documents available with the Deccan Herald show that Murthy’s brother-in-law Ashwath and Karthikesh are partners in a quarrying and crusher unit in Ramanagara. Incidentally, a complaint by the villagers of Hanchikuppe in Ramanagara district against this quarrying firm for violation of rules is still pending before the Upalokayukta.

The application for quarrying and stone crushing unit was filed in the name of Karthikesh in 2009. The Mining Licence (Number 1354 and 1353) was issued in favour of the firm Magadi Quarry and Crusher, owned by Karthikesh and Ashwath. Around five acres of gomala land at Hanchikuppe was allotted to the firm.

When villagers objected to the quarrying unit within the prescribed safe zone, a proceeding by the Ramanagara Deputy Commissioner held on March 1, 2013 relaxed certain conditions. The area was declared as safe zone. The same day, based on the recommendation of the DC, Karnataka State Pollution Control Board accorded certification for the safe zone. The decision was so fast that both the offices passed orders in favour of a quarry owner in just one day, the documents reveal. Despite this, the Tahshildar had submitted a report that the unit fell within 500 metres of residential area, which is not permissable under Karnataka Regulation of Stone Crushers Act, 2011.

The Hanchikuppe villagers had also filed a PIL in the High Court. The court dismissed the petition on the grounds that since the villagers are the concerned parties a PIL cannot be entertained. The villagers also filed a complaint before the Upalokayukta (Compt/Uplok/BD/459/2011) and the next date of hearing is September 23, 2015.

On the day Omprakash took charge as DG&IGP, Loksatta Party had complained to Chief Minister Siddaramaiah that he had prima facie misused his position to get clearances for the unit owned by his son.

When contacted, Omprakash said that it was a personal business issue of his son. Asked if he is aware of his son’s business partnership with the brother-in-law of a clerk in his office, the DG&IGP answered in the negative.

“You have to ask this question to my son. He may have a business relationship with a private person. Moreover, if it is illegal, let the law take its own course,” he said.

 

Karnataka Lokayukta Bhaskar Rao’s son held in ‘extortion’ racket

 

The arrest of Ashwin Rao was made in Hyderabad, as the SIT, formed to probe the alleged racket that has also led to clamour for the resignation of Bhaskar Rao, intensified the investigation

 

 

A special investigation team (SIT) of Karnataka police, which is probing an extortion racket in the state Lokayukta, Monday arrested Ashwin Rao, son of Lokayukta Justice Y Bhaskar Rao and the prime accused in the case.

Ashwin was arrested from Kukatpally near Hyderabad.

“On Monday morning, we picked up Ashwin from his residence,”a senior SIT official said. An advocate for Ashwin, who moved an anticipatory bail plea in a special Lokayukta court after his client was detained, was informed in court by the SIT investigating officer Labhu Ram about the arrest.

 

 

Ashwin is prime accused in an extortion case filed by a government executive engineer, M N Krishnamurthy, who has alleged that Ashwin demanded a Rs 1 crore bribe from him to prevent initiation of corruption proceedings against him.

The SIT, however, informed the special court Monday that Ashwin had not been arrested in connection with Krishnamurthy’s complaint, but in a fresh extortion complaint against him by P B Channabasappa, a government executive engineer involved with the Upper Tunga irrigation project in Haveri district.

“It is not clear how the arrest could have happened in the second FIR because the SIT was in Hyderabad early on Monday and the second FIR was filed around 10.30 am. The anticipatory bail plea in the Krishnamurthy case is still valid if the arrest is in the second case. The SIT has been asked to file objections to the anticipatory bail plea,” Ashwin’s advocate Sandeep Patil said.

SIT sources indicated that Ashwin would be placed under arrest in the Krishnamurthy case as well after he is brought to Bengaluru Tuesday.

The SIT has so far arrested five people in connection with the case.

The alleged racket had multiple layers, with one group filing RTIs to identify allegedly corrupt persons as targets, a second group calling up officials and summoning them to the Lokayukta offices, and a third group allegedly demanding money to prevent initiation of cases against them.

On Sunday, the SIT had arrested the public relations officer in the Lokayukta, Syed Riyazatullah, a police officer of the rank of joint commissioner, on charges of extortion and cheating.

Riyazatullah was produced in court Monday and remanded in SIT custody till August 5. The court overruled his bail plea, saying there was need for effective investigation in the case.

 

Karnataka extortion case: Lokayukta’s son part of larger conspiracy, says SIT

Ashwin Rao alias Yerabati Ashwin has been arrested by a SIT in connection with an attempt to extort money from a government official in the Lokayukta.

 

The SIT in its objections has stated that Ashwin Rao “misused the premises and office of the Lokayukta and meeting hall adjacent to the chambers of PRO of Lokayukta” as part of the alleged extortion conspiracy.

 

The Special Investigation Team (SIT) which arrested Karnataka Lokayukta Justice Y Bhaskar Rao’s son Ashwin Rao in an extortion case stated on Monday that he is a prominent member of a larger conspiracy.

Ashwin Rao alias Yerabati Ashwin has been arrested by a SIT in connection with an attempt to extort money from a government official in the Lokayukta. The SIT objected to an anticipatory bail plea filed by Ashwin Rao to pre-empt his arrest in a second extortion case.

 

The SIT in its objections has stated that Ashwin Rao “misused the premises and office of the Lokayukta and meeting hall adjacent to the chambers of PRO of Lokayukta” as part of the alleged extortion conspiracy. The call detail records obtained during investigations “clearly establishes” that Rao was in constant touch with three other key accused in the extortion racket – middlemen V Bhaskar and Ashok Kumar and Lokayukta PRO Syed Riyazathullah, the SIT has stated.

According to the SIT, though Ashwin Rao has been arrested only in connection with an extortion attempt on one government official, his arrest in a second case is likely at any time. “Considering the fact that petitioner is the son of the Hon’ble Lokayukta and he is in a position to wield influence on the prosecution witnesses he in not entitled to anticipatory bail,” the SIT has argued. The SIT has also claimed to have unearthed incriminating material against Ashwin Rao in the course of a search of his house in Hyderabad.

While a case was initially registered against Ashwin Rao and others for summoning Bengaluru Urban district executive engineer M N Krishnamurthy to the Lokayukta office on May 4, 2015 to place a demand for a bribe of Rs one crore to prevent initiation of Lokayukta corruption proceedings the son of the Lokayukta was eventually arrested by the SIT in connection with another case registered on the basis of a complaint by an irrigation department engineer PB Channabasappa who alleged that Ashwin Rao and others demanded Rs 20 lakh to make a Lokayukta corruption case go away.

The SIT has in other statements of objection to bail applications said that cell tower analysis had revealed that three of the middlemen, including realtor Ashok Kumar who allegedly made the telephone call summoning executive engineer Krishnamurthy to the Lokayukta office were together on May 4 when the government official was called to the Lokayukta’s office. The trio of middlemen were also frequently in touch with the Lokayukta PRO and Justice Bhaskar Rao’s son Ashwin Rao, the SIT has stated.

The SIT also informed the special Lokayukta court that middlemen Ashok Kumar and Shankare Gowda, and Lokakyukta PRO Riyazathullah had destroyed crucial evidence including some SIM cards and mobile handsets used in the conspiracy.

 

Gali Reddy cash-for-bail scam nets two more Andhra judges

 

More skeletons are tumbling out of the closet in the cash-forbail scam involving former Karnataka minister Gali Janardhan Reddy.

On Thursday, the anti-corruption bureau (ACB) arrested two more judges who allegedly made parallel attempts to secure bail for the mining baron in the Obulapuram Mining Company’s illegal mining case.

The two judges – D. Prabhakar Rao, a family court judge in Srikakulam and K. Lakshminarasimha Rao, the chief judge of the city small causes court, were taken into custody by the agency from their respective residences in Hyderabad.

While Prabhakar Rao was suspended by the Andhra Pradesh High Court on July 6, Lakshminarasimha Rao was suspended late on Wednesday, after the ACB probe unearthed his role in the scam.

The ACB authorities are questioning him. The ACB had already arrested suspended CBI special court judge Talluri Pattabhirama Rao, who had allegedly received a bribe for granting bail to the former Karnataka minister on May 11.

Retired judge T.V. Chalapathi Rao, who mediated in the cash-for-bail deal, has also been arrested. Pattabhi’s son Ravichandra, rowdy sheeter-turned-realtor P. Yadagiri Rao and realtor Ravi Suryaprakash Babu were arrested and remanded in judicial custody.

According to the ACB sources, the former Karnataka minister and mining baron had approached Pattabhi through two different routes: one involving Chalapathi Rao and Yadagiri; and the other through Lakshminarasimha Rao and Prabhakar Rao.

While Yadagiri offered Rs5 crore to Pattabhi, Prabhakar offered to strike the deal for Rs10 crore. However, Pattabhi preferred Yadagiri’s offer because it was a safer deal as Chalapathi happened to be his friend.

Janardhan Reddy was arrested on September 5, 2011, by the CBI. He is accused of being involved in the illegal mining and export of iron ore in Bellary and Anantapur.

 

Rs 100cr offered for Gali Janardhan Reddy’s bail: Arrested judge

 

More skeletons are tumbling out in the murky cash-for-bail scam involving mining baron and former Karnataka minister Gali Janardhan Reddy as a lower court judge, arrested in the case, disclosed to the ACB that Gali’s men were ready to offer as much as a staggering Rs 100 crore to secure bail for him. Earlier, the deal amount was put at Rs 15 crore.

T Lakshminarasimha Rao, the arrested judge, disclosed that Dasaradharami Reddy, a relative of Gali, had made the Rs 100 crore offer, according to the confession statement recorded by the ACB. Krishna Prasad, an auditor, who is known to him and another relative M Venkateswara Rao approached Lakshminarasimha Rao in the second week of April with a request to look for a `channel’ to influence the CBI judge for Gali’s release on bail. “They were in touch with Dasaradharami Reddy who was willing to pay even Rs 100 crore for securing the bail,” the confession statement of Rao said. Though the deal initially came as a shock to the arrested judge, who at the time was registrar (enquiries), high court, he was later attracted towards the deal, it said.

Lakshminarasimha Rao called the CBI court judge B Nagamaruti Sarma to his residence on April 18 and tried to convince him on granting of bail to Gali. Sarma did not agree for the deal and went away rejecting the offer. He had, in fact, dismissed the bail plea. Then another person Raavi Surya Prakash Babu, a real estate dealer, who was taken to Bellary MLA Sriramulu by his associate Kolli Lakshmaiah Chowdary for striking the deal, approached Rao again. Surya Prakash had already met Sriramulu’s nephew and Kampli MLA T H Suresh Babu who, too, was trying to secure bail for Gali and advised him to wait as Nagamaruti Sarma was not of ‘their type’. But he requested Lakshminarasimha Rao to keep the `channel’ open as the deal was “too lucrative to be ignored”.

Later, in a strange sequence of events, Nagamaruti Sarma was shifted out of CBI court and a fresh bail plea was filed which came before another special judge T Pattabhirama Rao. Lakshminarasimha Rao roped in Pattabhi’s batchmate D Prabhakar Rao, another district judge, who was with the state election commission as its secretary (legal). He also tried to push the deal but failed as Pattabhi told him that he would decide the matter on only `merit’. It turned out later that Pattabhi chose a ‘route’ planned by his friend Chalapati though the deal was only for Rs 5 crore. This was mainly because his friend did not put any precondition that he should meet Gali Somasekhara Reddy, brother of Gali Janardhana Reddy, before giving bail as was done by Prabhakar Rao, who was also arrested in the case. Prabhakar in his confession spoke of only Rs 15 core implying that he too was unaware of the whopping Rs 100-crore deal. While the ACB arrested Lakshminarasimha Rao on July 12, Pattabhi was arrested last month.

Interestingly, the ACB sleuths seized some cheques bearing the names of Lakshminarasimha Rao’s family members with some complaint letters written by advocates against some AP high court judges. The letters were addressed to the President of India.

 

Cash-for-bail scam: CBI Judge Pattabhi Rama Rao arrested

In a case of corruption seeping into the lawmakers psyche, the Andhra Pradesh anti-Corruption bureau arrested Central Bureau of Investigation (CBI) judge Justice Pattabhi Rama Rao in the cash-for-bail scam. He was suspended after the allegations surfaced that he accepted a bribe of Rs 6 crore to grant bail to mining baron Janardhana Reddy in the illegal mining case. Raids were earlier carried out in Rao’s residence and the arrest is the third in the case. Rao was hearing the case related to the Obulapuram Mining Company (OMC) scam. Retired district judge T V Chalapathi Rao and Pattabhirama Rao’s son Ravichandra was also questioned by ACB sleuths. Pattabhirama and Chalapathi were classmates at A C College of Law in Guntur and the latter allegedly brokered the multi-crore bribe. On a tip off that a deal has been struck between Reddy and the judge, the CBI had earlier recovered a cash of nearly Rs 1.80 crore from a bank locker here, the keys of which were allegedly in Ravichandra’s possession.

300 Delhi lower-court judges under probe in laptop scam

 

Nearly 300 Delhi lower-court judges are under the scanner of the high court for alleged financial irregularities in purchase of computers and laptops from funds provided by the Delhi government and Delhi high court in 2013.

A high-level panel comprising three HC judges has been set up by chief justice of Delhi high court Justice G Rohini to look into how the money was spent by each of these judges. The panel will scrutinize documents submitted by the judges on purchase of these items.

Under the scheme, each judge was sanctioned Rs 1.1 lakh for upgrading their computer infrastructure. The idea was to give the judges the freedom to opt for computers, laptops or iPads so that their efficiency in disposal of cases improves.

 

Sources told TOI that the probe panel has issued memos to judicial officers under the scanner, asking for detailed explanation on the manner in which they spent the money.

“All judges were initially under probe but the panel has now zeroed in on roughly 300 officers against whom preliminary discrepancies have been found. The focus is on correctness of the utilization certificate given by them to HC relating to the purchases,” said an authoritative source.

 

“It has emerged some may have bought TVs or home theatre systems out of the sanctioned sum instead of computers,” the source added.

The irregularities came to light during a routine vigilance inquiry conducted by court officials. When the evidence was shown to the chief justice and other senior judges including the computer committee, it set alarm bells ringing.

Taking a serious view of alleged financial misdemeanours by city court judges, Justice G Rohini set up a panel comprising justices Vipin Sanghi, Rajiv Shakdher and VK Rao to conduct a swift but wide ranging inquiry.

In response to the memos issued by the panel, sources said, many judges have sent detailed replies with annexures explaining what was purchased and even showing debit/credit details from their official bank accounts that tally with the date of purchase. Details of vendors have also been provided which is being checked individually.

 

“Since there was no specification of how much money is to be used for maintenance of the new equipment, the panel is likely to give a leeway of Rs 10,000-15,000 that may have been kept reserved for annual maintenance charges by a judge. But beyond that, the charges if proved, may lead to the guilty judge’s dismissal from service because financial fraud or providing forged certificates is a very serious crime,” the source pointed out.

The Delhi government had extended a similar scheme for its bureaucracy. City bureaucrats were empowered to buy computers and related equipment out of the sum allocated.

 

`Copy cat’ judges suspended by HC

 

Five judges belonging to the state’s subordinate judiciary were suspended by the AP High Court on Wednesday for allegedly copying while writing their LLM examinations at the Arts College of Kakatiya University in Warangal on Tuesday.

The judges were doing this course under distance mode from Kakatiya University as the degree would help them gain some increments in their careers.

Those placed under suspension include K Ajitsimha Rao, senior civil judge, Ranga Reddy district, M Kistappa, principal senior civil judge, Anantapur, P Vijayendar Reddy, second additional district judge, Ranga Reddy district, M Srinivasachary, senior civil judge in Bapatla of Guntur district and Hanumantha Rao, the additional junior civil judge in Warangal.

They were allegedly caught red-handed in the act of copying on Tuesday by the authorities and upon receipt of this information, the HC suspended them from service pending an inquiry. The HC would soon launch disciplinary proceedings against all these judicial officers, sources said.

 

DSP among six held on charge of hunting deer

 

Forest Department authorities on Friday arrested Deputy Superintendent of Police (CID), Mysore, T.K. Dharmesh and five others for allegedly hunting down a spotted deer in the Omkara forest range of Bandipur Tiger Reserve (BTR).

The carcass of the male deer with a bullet injury was found in Naganapura third block in the forest range, according to Forest Department sources.

They said the Forest staff saw the accused in the forest range during routine patrolling early on Friday and took them into their custody. They later combed the area and found the deer carcass. Senior Forest officers rushed to the spot on getting the information and conducted investigation.

“The deer carcass had entry and exit bullet wound. The post-mortem was performed and the viscera samples have been preserved,” the sources said. A case under the Wildlife Protection Act, 1972, has been booked against the accused.

The names of other accused were given as Manjaiah, Raghu, Hanif, Atiq and Farid.

“A .303 service rifle and a multi-utility vehicle used for committing the alleged offence have been seized from the accused,” the sources said. Repeated attempts to contact the Forest officers investigating the case went in a vain.

When contacted, D. Rajkumar, Honorary Wildlife Warden, Mysore district confirmed that six persons, including Mr. Dharmesh, were arrested on charges of alleged killing of deer. “The deer was found hunted with a service rifle,” he said.

 

Raid on bus: Six police officers charged with dacoity

 

The Criminal Investigation Department (CID) has chargesheeted six police officials and some other private persons in the infamous inter-State dacoity case of Rs 2.27 crore from a Kerala-bound bus in Yelwala police station limits in Mysore in January this year. The chargesheet was submitted in the jurisdictional court in Mysore after the Department obtained government permission to prosecute the accused police officials – the then sub inspector C.D. Jagadish, four constables – Satish, Manohar, Ravi and Latif of Mysore South police station and Prakash and the gunman of the then Southern range Inspector General of Police Ramchandra Rao under Sections 395 (dacoity) and 120A (criminal conspiracy) of the Indian Penal Code.

Rao, who was transferred after he came under scanner for his alleged involvement in the crime, does not figure in the chargesheet. “There is no legal admissible evidence against the then IGP or the then deputy superintendent of Police (Mysore rural) Srihari Baragur. The investigation is however on and it will be early to come to any conclusion,” said an official source. He added that it is a complex case because there are no independent witnesses.

A Kerala-bound bus carrying about Rs 2.27 crore of four jewelers was ‘raided’ by the police in Yelawala police station limits in Mysore on January 4, who seized six bags of cash from inside the bus and arrested the driver and the cleaner of the bus for “illegal” transportation of cash.

The police showed a recovery of Rs. 20 lakh, but the Kerala jewelers told their Home Minister that the amount was around Rs. 2.27 crore. “There is no clinching evidence on the exact amount, which was reportedly being transported in the bus. We can only surmise from the statements of the victims and the accused,” added the officer.

 

Rs 2.26-crore theft by cop: IGP, DySP under scanner

 

CID focuses on duo after gunman, informant confesses

The Criminal Investigation Department (CID) of Karnataka Police is thoroughly probing the alleged roles of K Ramachandra Rao, Inspector General of Police (southern range) and Srihari Baragur, Deputy Superintendent of Police (Mysore rural), in the sensational Rs 2.26-crore robbery that took place on a Kerala-bound bus at Yelawala, Mysore, on January 4 this year. The needle of suspicion pointed strongly towards the duo following a confession by Rao’s gunman, Prakash, who was arrested by the CID on Tuesday along with three informants.

Statements made by the arrested gunman and the informants in their confessions indicate that the plundered loot was shared between the IGP and DySP. According to highly placed sources, Prakash and one of the three informants, gave minute-by-minute accounts to the CID sleuths about the robbery that occurred two months ago.

“We have recorded their confession statements. Before laying our hands on the IGP and DySP, we need to collect further corroborative evidence. At this juncture, we can neither rule out their involvement nor give them a clean chit,” a top-ranking CID official, who is part of the investigating team, told Bangalore Mirror.

However, when BM spoke to IGP K Ramachandra Rao, he denied all the allegations. “I am not aware of what Prakash has said in his statements to the police. He is in the CID’s custody, and they are conducting a detailed probe. Let them come out with the truth,” he said.

METICULOUSLY EXECUTED

The meticulously executed robbery unfolded on the night of January 4, as a group of policemen led by Mysore South SI, C D Jagadish, stopped a bus that was en route to Kerala from Bangalore, near Yelawala on the Mysore-Hunsur state highway. They later diverted the bus to a road near Yelawala police station and took out six bags containing hard cash from its luggage compartment. The driver and cleaners of the bus were taken into custody and a case slapped against them for ferrying large amounts of cash illegally. But the cops showed a recovery amount of a mere Rs 20 lakh, whereas the actual amount was Rs 2.26 crore.

The cash belonged to four Kerala-based jewellers who had reportedly selected the bus to transport it from Bangalore to Kerala. It is alleged that they had taken the owner and the driver of the bus into confidence in order to ferry the cash.

The jewellers, to whom the cash belonged, got the shock of their lives when they found out that the Yelawala police had stopped the bus and booked a case against the driver and cleaners, showing a paltry sum of Rs 20 lakh as recovery.

Upon making enquiries, they learnt that the remaining Rs 2.06 crore had been pocketed by the policemen themselves. The agitated jewellers proceeded to get in touch with Kerala Home Minister Ramesh Chennithala, who personally knows Karnataka Home Minister K J George. Chennithala brought the matter to the notice of George, who was reportedly infuriated with what had happened. He immediately informed Chief Minister Siddaramaiah — who hails from Mysore — of the incident.

ENRAGED CM SUMMONS DGP

An enraged Siddaramaiah and George are then said to have summoned State Police Chief Lalrokhuma Pachau and asked him to get the matter examined. Pachau got in touch with IGP Rao, and subsequently, a case was taken up. But the top brass smelled a rat during the investigation, and a CID investigation was ordered.

The CID sleuths conducted a methodical investigation for a month before laying their hands on the IGP’s gunman, Prakash, and his gang of informants. Investigation by the CID also revealed that Prakash resorted to these kinds of crimes involving Kerala jewellers regularly over the past two years. He had allegedly taken the help of DySP Srihari Baragur, and other policemen, to conduct false raids and clean out cash. In the past, the gang had looted small amounts running into a few lakh. But since the amount involved now was a staggering Rs 2.26 crore, the jewellers mustered the courage to lodge a complaint.

“The crime does not stop with the gunman. It appears that they got support from higher-ups. It is here we are examining the involvement (if any) of Prakash’s boss Rao, DySP Baragur, and other seniors,” the officer added. After the matter reached the CM’s table, the culprits tried to reach a compromise with the jewellers by offering to return the money. This, however, failed to go through because some of the policemen had taken large amounts of cash with them, and had subsequently gone absconding, said the CID police. The absconding policemen, four in number, are not be confused with the three informants.

Additional Director General of Police (CID) P K Garg said, “The IGP’s gunman, Prakash, was arrested two days ago. So far, we have arrested four persons whom we are questioning and whose statements we are recording. The money is yet to be recovered. We believe that the cash is with the absconding policemen, and we have laid a manhunt for the four policemen, whose names and ranks I cannot reveal.”

According to sources, Prakash and his gang shared the booty among themselves, the informants, and senior police officers. The informants said they got around Rs 20 lakh as their cut, but claimed the rest is with policemen of different ranks.

 

ROGUE COPS DON’T GIVE A BUCK

 

Old habits die hard: Even as the average Bengalurean stands in long queues to withdraw his hard-earned money, corrupt policemen and babus are busy converting or hiding their black money

Cop, 2 KRV men held for black ops; may have converted up to Rs 2 crore

 

It’s a classic case of the fence eating the crop: a policeman, instead of being on the vigil himself, was arrested for working in cohorts with a group that helps those with black money exchange it for new notes.

The 43-year-old police constable, B Shesha, attached with the Central Crime Branch (CCB), was arrested for facilitating illegal cash conversion, along with four accomplices, two of whom were members of the Karnataka Rakshana Vedhike (KRV), Shivarame Gowda faction.

All of them were booked for assaulting and robbing a businessman after promising to help him exchange in old currencies with the new.

Shesha was suspected to be a major operative in the illegal cash conversion racket, mainly targeting businessmen and trader community in the city. It is believed that he had had helped exchange currency worth at least Rs 2 crore for a fixed commission, since November 8 when old notes of 500 and 1,000 denominations were rendered obsolete. At least four more suspects are yet to be arrested.

The Magadi Road police, who arrested the constable, said he was attached to the Organised Crime Wing (OCW) of the CCB. Also arrested were G Byresha, 37, of KP Agrahara, P Vijay, 27, of Gopalapura, K Mannivannan, 36, of Bhuvaneshwari Nagar and Pavan. Byresha and Vijay are the KRV activists.

The police are yet to arrest four other accused. The issue was reported after a fall out between the racketeers and their clients over commission, leading to the abduction and assault of Jaishankar (42), a resident of KG Nagar, who owns Shreyas Electrical shop in Vijayanagar.

He was in contact with the accused and was assured that he would be given Rs25 lakh in new notes in exchange of Rs30 lakh of demonetised tenders. They offered him Rs5 lakh as commission for the deal. Jaishankar pooled in much as Rs25.2 lakh from his trader friends in the locality, but decided to take his cut of Rs5 lakh and told the accused that he will handover only Rs21.5 lakh. This led to an argument when Jaishanker along with his friend, Girish, came near Star Bazaar in Magadi Police station limits to hand over the collected amount on Saturday.

“There was some misunderstanding between both parties over the missing Rs5 lakh and the gang forcibly took Jaishankar and his friend near Madanayakanahalli and robbed them of the cash and were released with life threat. The businessman had filed a complaint with the Magadai Road police on Tuesday and identified the accused as they were known to them,” said an officer who was a part of the investigations.

The police managed to arrest the four accused, including KRV members Mannivannan and Pavan immediately. They revealed Shesha’s name during interrogation. They also claimed that they thought Jaishankar will not dare to lodge a complaint since the amount collected was unaccounted for. Later, Shesha was picked up and his mobile phone was seized.

“Shesha is a 1996 batch police constable and has served at Chitradurga, Chickpet and Kengeri police stations before coming to CCB. He has been taken into police custody and we are trying to ascertain if he was involved in similar incidents,” deputy commissioner of police (West) MN Anucheth told BM.

 

Retired  DySP   raids  Businessmen

 

The city police have detained a retired deputy superintendent of police (DySP) for allegedly posing as a fake Central Crime Branch (CCB) official and forcefully decamping with Rs83 lakh of unaccounted cash collected from 20 individuals, including realtors and businessmen, to be exchanged into legal tender at a residence in JP Nagar last Thursday.

The former police officer’s involvement with the currency exchange gang is also being probed and he is expected to be formally placed under arrest late on Wednesday night.

The former officer, identified as Babu Noronha, retired from police service as DySP CID early this year. He was also one of the main accused in a fake encounter of interstate gangster Sagayam near Ramamurthy Nagar in 2003. He was posted as inspector at Commercial Street Police Station at that time and was also the recipient of the President’s Police Gallantry Award in 2004. However, doubts were raised over the encounter and CBI registered a case against him in which he was acquitted last year, after a prolonged trial.

More arrests are likely to be made in connection with the case in the coming days, claimed investigating officers.

The accused was picked up on the basis of the complaint filed by Shivaraj, a realtor who was one of the 20 people who had pooled in as much as Rs83 lakh in demonetised currency to be exchanged at 25 per cent commission. The deal was finalised through Karthik, who had contacted them claiming to be a facilitator for illegal cash exchange, for a fixed commission. The cash was to be exchanged at the residence of Satish on Thursday night and was to be handed over to Lohith, one of the main accused in the case.

However, after Shivaraj showed the cash bundle to Lohith, a group of men entered and claimed that they were from the Central Crime Branch (CCB) and staged a fake arrest, asking Shivaraj to accompany them in their vehicle. They drove around for a while and pushed Shivaraj out of the vehicle at a deserted spot near JP Nagar and sped away with the cash. An official complaint was filed with JP Nagar police station.

“There were six people involved in the scam and one of the main accused, Lohit, is closely associated with Babu Noronha. We have detained him in connection with the case,” said SD Sharanappa, Deputy Commissioner, Bengaluru City (South).

Sources added that Babu Noronha was waiting inside a car outside and handed his old police identity card to Lohith when he went inside and announced to the victims that they were from the police department. Investigating officials are also probing if any other serving or former police official was involved in the crime.

 

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December 5, 2016

HR Violations by Judges & Police

Filed under: dalit human rights — Nagaraja M R @ 6:26 pm

S.O.S   e – Clarion  Of  Dalit  –  Weekly  Newspaper  On  Web 

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.10 issue.49… .14 / 12 / 2016

 

 

 

Editorial :  Human Rights Violations by  Judges & Police

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.  just think , if a judge himself that too  of apex court of the land  himself  commits crime – violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?         

Our whole hearted respects to honest few in judiciary , police & public service who are an exception.

Judges & Police themselves must first learn to respect  human beings  as human beings. When you treat them like animals  they will also reciprocate do remember.  Or else  the almighty will ensure DOG’S DEATH to corrupt judges & police. On the D Day in the Almighty’s court  corrupt judges & police will face  ultimate punishment , no match fixing.

Judges & Police must do their constitutional duties  without bias , refer following case details and  act  :

 

Traitors  in  Judiciary &  Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police  ,

 

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.  just think , if a judge himself that too  of apex court of the land  himself  commits crime – violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?

It gives a booster dose to the rich & mighty , those in power , criminals in public service to commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically  must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI’S DREAM.

Day after day we are seeing allegations against judges  in crimes against women , sex crimes , judicial orders for money , etc in the media.  There is total secrecy in the functioning of judiciary in india  with regards to disciplinary proceedings , promotions  and selection of judges.  We the public don’t know whether proper investigation / enquiry is done in such cases of allegations against judges , what action taken against the guilty judges ?

Hereby , we demand  code of conduct for judges &  police  with  provision of  criminal prosecution of  violators.

Regard for the public welfare is the highest law (SALUS POPULI EST SUPREMA LEX).

No man shall be condemned unheard (AUDI ALTERAM PARTEM).

No man can be judge in his own cause (NEMO DEBET ESSE JUDEX IN PROPRIA SUA CAUSA).

An act of the Court  or public office  shall prejudice no man (ACTUS CURIAE NEMINEM GRAVABIT).

 

Your’s

Nagaraja Mysuru Raghupathi

 

 

DECLARATION 

Name : ………………………NAGARAJA.M.R.

Address : ……………….LIG-2 / 761 , HUDCO FIRST STAGE , OPP
WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE – 570017 INDIA

Professional / Trade Title : S.O.S – e – Clarion Of Dalit

Periodicity : WEEKLY

Circulation : FOR FREE DISTRIBUTION ON WEB

Donations : NOT ACCEPTED. Self financing . Never accepted any donations , subscriptions either for ourselves or on behalf of other organizations / individuals .

Monetary Gains : nil , never made any monetary gain by way of advertisements on my websites or web news paper or otherwise.

Owner/Editor/Printer/Publisher : NAGARAJA.M.R.

Nationality : INDIAN

Body Donation : Physical Body of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice is donated to JSS Medical College , Mysore ( Donation No. 167 dated 22 / 10 / 2003 ) , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my body must be handed over to JSS Medical College , Mysore for the study purposes of medical students.

Eye Donation : Both EYES of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice are donated to Mysore Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my eyes must be handed over to Mysore Eye Bank , Mysore WITHIN 6 Hours for immediate eye transplantation to the needy.

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Contact : naghrw@yahoo.com , nagarajhrw@hotmail.com ,

UID Aadhaar No : 5703 5339 3479

Cell :   91  8970318202

I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

   Powers that  be , higher ups have referred all my previous cases to police although in most of the cases  police don’t  have jurisdiction over it.  It  sends  a subtle message by police force to  the  complainant  to keep silent . In the remaining cases  which are under their jurisdiction police  don’t act against higher ups , high & mighty. In such cases police lack  practical powers , their hands are tied although they  are  honest.  As a end result , police  have repeatedly called   me to police station  number of  times  ( have never called guilty  influential persons even once)  took  statement  from  me and closed  the files.  Hereby , I do make it clear  the statements made by me  in my original petitions , PILs , news papers  , etc  while I was in  a free & fair atmosphere  are  TRUE  , over rides , prevails over all the statements made by me before police  earlier and  which will be made by me  in future before police.

If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents or to my family members – In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , Judges , public servants & Constitutional functionaries.

date :  05.12..2016…………………………..Your’s sincerely,

place : India……………………………………Nagaraja.M.R.

 

 

edited , printed , published & owned by NAGARAJA.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL ,MYSORE -570017 INDIA     

 cell : 91 8970318202        

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