Tuesday, January 18, 2011

Firoz.T.Totanawala The Bangalore Metro Reporter KHATAS FROM THE BACK DOOR, HOW TO MAKE MONEY IN BBMP, AKRAMA-SAKRAMA ILLEGALLY IMPLEMENTED IN BBMP OFFICIALS RAKE IN MOOLAH WHILE BBMP SUFFERS LOSSES






































































BY. FIROZ.T.TOTANAWALA 

 THE BANGALORE METRO REPORTER 

KHATAS FROM THE BACK DOOR 

HOW TO MAKE MONEY IN BBMP 

AKRAMA-SAKRAMA ILLEGALLY IMPLEMENTED IN BBMP OFFICIALS RAKE IN MOOLAH WHILE BBMP SUFFERS LOSSES 

 Legally and technically the Akrama-Sakrama Scheme is yet to become the law and lakhs of people are already waiting for its implementation. However, many do not know that Akrama-Sakrama is already being implemented in many BBMP zones on producing bribe Money. If one is prepared to pay the ‘demand’ of BBMP officials, one can get their illegal unauthorized properties regularized by getting the BBMP khata. The cash strapped BBMP has already suffered loss of revenue to the tune of hundreds crores of rupees by this illegal Akrama-Sakrama scheme being introduced, on the sly, by few BBMP officials. 

 EXAMPLE 1 

 Take a look at the affidavit by one Sivani, co-owner of Global Associates, which owned 22 acres of land in Kothanur and Raghuvanahalli villages. The affidavit clearly states that this is in regard to registration of Khata for the above lands. The content of the Affidavit is very clear. As the BBMP is not accepting betterment charges, the company undertakes to pay the same, if BBMP levies the charges. And the reason for the affidavit is also clear. It concerns the registration of Khata in respect of the lands in Raghuvanahalli and Kothanur to an extent of 22 acres 3 guntas! 

 On the face of it, the company can not get the khata registered from BBMP as on now. It can register the khata only under Akrama-Sakrama scheme which is yet to be implemented. But there is also a provision to pay the betterment charges to the BBMP at the rate of Rs. 600 per sq mtr, if the entire land is one complex unit and converted. In the present case, even if the company is permitted to pay the betterment charges, it has to pay Rs. 6.50 crores to the BBMP. 

 But the company was not prepared to pay this much amount to the BBMP as it has its own design. Instead of paying the huge sum, it booked the ARO, RO, DC and Joint Commissioner of Bommanahalli Zone. After the Fat payment deal, the officials affected the khata to those lands! The company now has BBMP khata to its lands which naturally raises the value of the land by many folds. Nobody could do anything if the affidavit gets misplaced which the officials are expected to arrange..? The BDA has lost more than 6 crores and the officials became abundantly richer! 

 EXAMPLE 2 

 Take the case of Upkar Residency in Ullal. It formed a BDA layout consisting of around 300 sites for which BDA has given khatas and now, they have BBMP khatas as well. But the same Upkar Residency has formed another 1000 sites on the converted lands and sold it to the purchasers. Legally this layout on converted lands is illegal as it has no layout approval from BDA. But, as the owners have already sold the sites, the BBMP can not collect the betterment charges even if the lands are converted. The BBMP can collect betterment charges only for the entire converted lands in one go provided the lands are in one compact area. As it has been divided into sites, there is no way for BBMP to collect the betterment charges. The site owners can get the khata only under Akrama-Sakrama Scheme which is yet to become the law. 

 Interestingly half the layout in converted lands comes under the jurisdiction of ARO of Kengeri, and the other half is under ARO of Herohalli. While the ARO of Kengeri has refused to affect khatas to the sites coming under his limits, the ARO of Herohalli, is affected the khatas again by taking the similar affidavits from the site owners who undertake to pay the betterment charges in future if the BBMP levies the same. So, half the layout has BBMP Khatas and the other half are not lucky. The ARO charges a cool 25,000 thousand for 30x40 and 40,000 for 40x60 sites for affecting the khatas. 

 In fact, these sites can be regularized only under Akrama-Sakrama Scheme. The average betterment charges under the proposed Akrama-Sakrama Scheme will be around 1.5 lakhs for 30x40 and 3 lakhs for 40x60 sites. Higher the size more will be the betterment charges. If the average betterment charges are taken into the account, the BBMP would earn at least 30 crores from this layout itself. But the hard fact is that half the sites already have BBMP Khatas affected on the basis of affidavits. And it is definitely possible that tomorrow the officials may easily remove the affidavits and the files from the record. There is no way the BBMP can build the duplicate files. But there is the property register in this regard and the entries are the only evidence. 

So, the people whose sites have been given khatas on the basis of affidavits can have a last laugh as they need not have to regularize their sites under Akrama-Sakrama scheme. All that they spent is some 25 to 50 thousand rupees bribe to the ARO. The other halves, which are under ARO of Kengeri, will have to curse their fate. The BBMP will be losing almost 15 crores while its ARO becomes richer by few crores! 

 It is another matter that the officials get the parties to pay betterment charges caring two hoots for the rule of the law. The payment of betterment charges and affecting the khata makes the title ‘pucca’ as far as its marketability is concerned is a myth. If all the legal formalities are observed and the khata is affected, one can be sure of the legality of the title. But nobody cares about this important aspect. All they want is the proof of betterment fee and the khata. 

 In one such case in Begur, almost 20 crores were paid by a developer without following legal formalities. The developer was in hurry to create BBMP documents for his 60 acres in Begur. The then Joint Commissioner in Bommonahalli Zone, Shekarappa was instrumental in this murky deal. However, the Joint Commissioner has no powers to order for betterment fee collection. It is either the BBMP Commissioner or the Urban Development Secretary who have the powers to do so. 

 EXAMPLE 3 

 The Akrama-Sakrama Scheme being illegally implemented in Whitefield shows the ease in which the officials do criminal acts like fabrication of records. The ARO had made crores along with Revenue Inspectors. 

 THE MODUS OPERANDI 

 The modus operandi here is very simple and straight forward. Whitefield was merged with BBMP and the village coming under this sub division had their property registers handed over to BBMP. The entries in Form-9 register (Gramathana Properties) were transferred to BBMP register and all the entries in BBMP register acquire legality and khatas. Both Form-9 and BBMP registers are with the ARO. If any person wanted his revenue property to be regularized by getting the khata, he has to clinch the deal with the ARO and the Revenue Inspectors. Once the deal is clinched, they will engage the services of the village secretary who was working in the village before merger with BBMP and make the entry in the BBMP register. So, the property however big it may be, gets BBMP ‘image’ without spending a pie under Akrama-Sakrama Scheme. The ARO and Revenue Inspectors have thus made a fortune which can last for generations. 

 EXAMPLE 4 

 In case of Ullal in Kengeri Sub Division, the racketeers follow the modus operandi with a slight difference. The village property register (Form-9) handed over to the BBMP by the Kodigehalli Panchayat Secretary contained only 115 entries. The register should be with the case worker but the RI obtained the register on some pretext and kept it with himself. He along with Tax Inspector then made illegal entries in the Form-9 register in respect of almost 200 revenue properties and these illegal entries were repeated in BBMP register. For any lay man, the original entries in the Form-9 attested by the panchayat Secretary at the time of handing over to the BBMP and the entries made after the serial number 115, appears different. Even the hand writing difference is clearly evident. There are ‘fabricated’ entries to properties measuring more than 10 thousand square feet. Many entries were given to revenue layout sites too. Crores have been lost to BBMP through these criminal acts of BBMP officials. . 

The then Commissioner Bharat Lal Meena also ordered a thorough enquiry into the Ullal scam, on complaints. But except seizing the records and later handing it back to ARO of Kengeri, no action was taken. The Additional Commissioner of RR Nagar Zone is also neck deep involved in the scam. It is another matter that ARO himself had ordered khatas to villa sites near kengeri and the order was passed without processing the files. 

 If the fabricated entries in Ullal village were to be regularized under Akrama-Sakrama Scheme, the BBMP would have earned at least 25 crores! While the BBMP lost heavily, the racketeers became richer by few crores. 

 The above are only the tip of the iceberg. There are similar scams in all the 110, villages merged with the BBMP. The Zonal Commissioners, Deputy Commissioners, ROs, AROs, and Revenue Inspectors have made BBMP to loose hundreds of crores. There is absolutely no control of the top brass in the BBMP over the Zonal offices and officials. One can imagine the prevailing situation by the fact that despite the then BBMP Commissioner’s order of enquiry and subsequent seizure of the records in Ullal village, nothing came out. The records were returned and the only punishment was the transfer of officials, that too, to more fertile places. The enquiry is not yet taken off. In fact, there was a move to conduct a survey to identify a revenue pockets and the Gramathana. But the survey is yet to start. There is hardly any hope of the enquiry and the justice in the near future. 

 The unscrupulous and unimaginable corrupt officials in BBMP have already enforced the Akrama-Sakrama Scheme illegally and fraudulently since two years and inflicted massive losses to the BBMP to the tune of hundreds of crores and enriching themselves in the process. 

 Unless the entire fraud is probed by a special cell consisting of dedicated officials, there will be no end to this fraud.

Firoz.T.Totanawala The Bangalore Metro Reporter WHO WILL BELL THE CAT? IS CHIEF MINISTER’S SON ABOVE LAW? WILL BDA PROSECUTE HIM?

























BY. FIROZ.T.TOTANAWALA 

THE BANGALORE METRO REPORTER 

WHO WILL BELL THE CAT?

IS CHIEF MINISTER’S SON ABOVE LAW? WILL BDA PROSECUTE HIM? 

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

 THE CHEATING 

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

THE CHARITY 

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

THE LAW 

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

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

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

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

 FORGET THE LAW 

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

OTHER CHARITIES BY THE CM

 Other lands allotted to the relatives of the Yedurappa that were returned back includes- 

A two-acre prime industrial plot at Jigani Industrial Estate was surrendered by Raghavendra and his brother Vijayendra. 

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

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

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

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

ALLOTMENT RULE 

Allotment of stray sites of BDA is indeed a big deal. Everybody wants to get a share in these allotments. Many MLA’s, MP’s, Ministers, their personal assistants, drivers, cooks and peons, journalists etc., come in the queue to grab a share in these allotments.

 However, the BDA stray sites according to the rule book must be allotted as under- 

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

WILL THE LAW PREVAIL? 

In the present instance relating to Mr. Raghavendra, the BDA is yet to take a call on prosecuting him. 

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

Firoz.T.Totanawala The Bangalore Metro Reporter THE UNNOTICED LANDSCAM Denotification of 5 acres in Halage Vaderahalli ANOTHER MULTI CRORE SCAM OF BDA















































BY. FIROZ.T.TOTANAWALA 

THE BANGALORE METRO REPORTER 

THE UNNOTICED LANDSCAM 

Denotification of 5 acres in Halage Vaderahalli 

ANOTHER MULTI CRORE SCAM OF BDA 

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

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

 A SECRET SCAM 

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

 THE BEGINNING 

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

 FORMATION OF LAYOUT 

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

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

 THE DEAL CLINCHED 

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

 AVOIDING THE GLARE 

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

He is removing/repainting the boards one by one taking enough care to ensure that not more than two boards are replaced in a night. 

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

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

 ANYBODY LISTENING? 

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

Firoz.T.Totanawala The Bangalore Metro Reporter ONIONS MAKE PEOPLE CRY PRICE RISE HITS INDIAN MIDDLE CLASS. GOVERNMENTS UNCONCERNED

























BY. FIROZ.T.TOTANAWALA 

THE BANGALORE METRO REPORTER 

ONIONS MAKE PEOPLE CRY 

PRICE RISE HITS INDIAN MIDDLE CLASS. 

GOVERNMENTS UNCONCERNED 

 The sky rocketing of prices of all essential commodities has made the life miserable for the common man. For the last two years, the common people are silently suffering the high prices of all essential commodities. The prices of onions, other vegetables, Food grains, oil, pulses etc. have crossed the roof, despite the bumper crops, and now there is another burden of fuel hike. 

 It is to be recalled that onions are consumed by people through out the country and neither the Centre nor the State Governments have done anything about this menace. In case of onions, the Government gives a lame excuse of destruction of standing crops due to untimely rains! It is true that there were unseasonable rains which damaged the standing crops and affected the production by 50%. But, the officials in the Agriculture Ministry were not dumb to foresee the shortage and take remedial measures. In fact, there is an inbuilt machinery and system in the agricultural ministry to monitor the food situation, rain pattern, possible shortage or excess food production, possibility of floods or famines etc., and to take remedial actions in case of shortages. But the machinery became defunct and lacked in their duty. 

 The Food Minister Sharad Pawar, is very busy in the affairs of the BCCI and its cricketing activities. He has no time to run the Food Ministry which has perhaps become his part time job. As such there is no monitoring system in place. In fact, Sharad Pawar had made an idiotic comment that prices will come down after the harvest. One does not need to be a minister or an expert to say that prices will come down once new crops flood the market. 

 Further, if the Central Government had wanted, it would have solved the problem by banning the export and importing large quantities of onions, other pulses and oils. Apparently, the market prices depend on the Government’s moves and policies but, the Government here followed the “hands off” policy which gave way to free and unrestricted trades where middlemen had the final say. 

 Besides, the Government did not use its overflowing buffer stocks of food grains for the last two years. Millions of tonnes of rice, wheat etc. are rotting in the Government warehouses for which the Supreme Court severely castigated the Government and directed it to distribute the stocks free of cost to people or at a nominal price! In case of price rise, the Government can release a part of its stock to the open market which consequently brings down the market prices. In case of oil, if the Government even announces about the import, the market reacts and the prices of oil comes down immediately. This is a time tested system which was used to perfection during Indira Gandhi’s regime. 

 Of course, it is not only the Central Government that is responsible for price control, the State Governments too is responsible in this regard. It is an open fact that the traders indulge in hoardings resulting in scarcity followed by price hike. State is thus responsible to take strict action against hoarders and black marketers. But, the State Government was least bothered about the common man. The available production of onions was monopolized by the middlemen by purchasing the same from the farmers. 

 Leading outlets and corporate bodies like Reliance, More, etc is another important factor for the scarcity of vegetables in the market. These outlets procure directly from the farmers through binding agreements, whereby the farmers cannot sell their products to any others. These companies have thus already captured at least 20% of the agricultural and horticultural markets and they decide the “price”! They also have the where withal to store the products in their cold storages and nobody has given any thought to this major factor. 

 The Delhi government has finally shown the way. It is selling onions through its distribution outlets at 50% of the market rates in its effort to bring down the onion prices. When onion is available at Government outlets, people will not buy it in the open market and that too at higher rates. Eventually, the market has to reduce the prices for its survival. Demand and supply becomes irrelevant with the Government’s intervention. 

 Unfortunately, our State Government acted as if the price rise is not its concern. The Chief Minister B.S Yeddyurappa who is always busy protecting his chair was more involved in making all out efforts to win the Taluk and Zilla Panchayat elections. The Horticultural Minister Umesh Katti made another idiotic statement asking people to bear with the situation as the prices will come down after the harvest season. As if we never knew that the prices of onions will come down when the crops will be harvested next year. It should be noted that when the Central Government under pressure from Sonia Gandhi banned the export, the prices of onions came down by almost 40%. Surprisingly, Umesh Katti strongly protested the ban! Does it mean that the interest of the hoarders and black marketers are more important to him than the interest of the common people? 

 Whatsoever, only after the Central Government pressurized the State Government to take immediate measures to control the prices, the Chief Minister called the meeting of the officials to take remedial measures! One should be thankful for B.S.Yedurappa for having realized that he has other works to do, other than enjoying power and fighting to survive in power. The tragedy is that the both Central and State Governments have forgotten their basic duty of governing. It is time they learn to govern. It goes without saying that once they start governing, people can expect a fair deal.

Firoz.T.Totanawala The Bangalore Metro Reporter ACCOUNT PAYEE CRIME TRADER’S CHEQUE LEAF STOLEN, DEBITED WITH FORGED SIGNATURE

























BY. FIROZ.T.TOTANAWALA 

THE BANGALORE METRO REPORTER 

ACCOUNT PAYEE CRIME 

TRADER’S CHEQUE LEAF STOLEN, DEBITED WITH FORGED SIGNATURE 

 While there are people who utilize their mental capacity in positive developments there are people who utilize the same capacity into negative activities thereby causing unrest in the society. People in spite of so much care and awareness tend to be duped by the scrupulous fraudsters, who are found all around in the society. 

 One such is the case of Mr. Juzer Mohammed Husain who runs an automobile shop in J.P.Nagar 5th Phase. Juzer has a personal NRE Savings Bank account with the Byrasandra branch of Bank of Baroda. On 18th December, 2010, he visited his Bank to update the entries in his pass book. He was shocked to see a debit of Rs. 2,50,000/- (Rs. Two Lakhs Fifty Thousand only) against a cheque number 546414 dated 29th November 2010. 

 Upon verification he realized that 3 cheque leaves numbering 546412, 546413 & 546414 were missing from his cheque book which he used to keep in his shop. He immediately informed his branch for Stop Payment of the other two missing cheques and requested for the details of one missing cheque that was already debited. He was informed by the Bank that the cheque number 546414 was dated 29th November 2010 and was presented by Bhuwaneshwari with his forged signature for Rs. 2,50,000/- and the same was debited successfully from his account on 1st December 2010. This particular cheque was deposited from the Jayanagar branch of Federal Bank and the amount was credited in the account number 13870100059857. 

Interestingly, in spite of it being an account payee cheque, the cheque leaf contained a mobile number 9739664458 written overleaf. 

 Helpless Juzer then approached J.P.Nagar Police station to file a complaint. After few days they registered his complaint and issued him a copy. 

 TBMR contacted Mr. S.K. Umesh, the Circle Inspector of J.P.Nagar Police Station. Mr. S.K. Umesh has assured of taking up the case and will investigate the matter.

Friday, January 7, 2011

Firoz.T.Totanawala The Bangalore Metro Reporter THE LAW SURVIVES Sachindanandanagar Khata Scam HIGH COURT COMES TO THE RESCUE OF LAW

























FIROZ.T.TOTANAWALA 

THE BANGALORE METRO REPORTER 

THE LAW SURVIVES 

Sachindanandanagar Khata Scam 

HIGH COURT COMES TO THE RESCUE OF LAW 

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

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

 THE ILLEGAL LAYOUT 

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

 THE BETTERMENT CHARGES 

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

 PRESSURE & ROSES 

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

 THE FINAL SEIZE 

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

 HIGH COURT STAYS! 

 It is to enable the revenue property owners to get their properties regularized, that the Government brought in the Akrama-Sakrama, a one time settlement scheme in 2006. But till now, the scheme has not been implemented. It provides for onetime payment towards violations under Karnataka Land Reforms Act, Karnataka Town and Country Planning Act, Karnataka Municipalities Act and BDA Acts by collecting compounding fines for every violation. It goes without saying that the owners of revenue properties in Sachindananda Nagar can get their properties regularized only under Akrama-Sakrama scheme, and that too, if the Government withdraws the forfeiture of the lands. But they got their properties regularized without the sanction of the law. 

If money and high influence can bend the law of the land then the law will have no meaning. But finally, the High Court has put a stop on this abuse and rape of law. The BBMP Commissioner Siddaiah who waged a relentless battle against B. Krishna Bhat’s Girinagar IV stage, has cut a sorry figure in his Sachindananda Nagar layout. No need to talk of Joint Commissioner K.M Ramachandran, who is possessed about making crores and crores before he retires shortly. It is time the Lokayukta should revisit the issue impartially and also to take a look at KM Ramachandran’s millions making spree! 

The High Court by staying the issue of khata to the revenue properties in Sachindananda Nagar has indeed saved the law of the land. The khatas of 800 plus site owners of this illegal layout can only be issued and regularized under Akrama-Sakrama Scheme which is yet to be implemented.

Firoz.T.Totanawala The Bangalore Metro Reporter DAY LIGHT LOOT BABUS DECIDE TO CHARGE PUBLIC FOR E-STAMPING
















































FIROZ.T.TOTANAWALA 

 THE BANGALORE METRO REPORTER 

 DAY LIGHT LOOT 

 BABUS DECIDE TO CHARGE PUBLIC FOR E-STAMPING 

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

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

 The E-stamping was implemented in 2008 as another mode of payment of stamp duty. Out of blue, a company by name Stock Holding Corporation of India was chosen as the central Record keeping Agency to collect the Stamp duty on behalf of the Government through its branches and franchisees. 

The then IGR Shashidhar entered into an agreement with this company in February 2008 and as per the agreement, the company was entitled to receive 0.65 percent commission on the stamp duty collected. It should be noted that even when the stamp papers were in circulation, it was the Government which paid one percent commission to the licensed stamp venders. The stamp venders were required to purchase the Stamp papers from the Government treasury. And at the end of the day, the stamp vendor would have got 0.50 percent, as the process of purchasing the stamp papers involved going to the treasury, submitting indent, paying the amount and payment of ‘mamool’ to the staff to get the stamp papers early and expenses towards establishment and salary to the employees. 

In this comparison, the e-stamping commission seems to be high as people have to directly go to the company’s counters or franchisees to pay the stamp duty. 

 UNFAVOURABLE FORMAT 

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

 TOO MANY DETAILS & LONG QUEUES 

 From the year 2008, the Government is paying 0.65 percent commission to the e-stamping company. As is natural, people have not favoured this system of payment of stamp duty as they have to fill up the application giving details about the parties involved, nature of transactions etc and stand in long queue to pay the stamp duty and get the e-stamping paper. Besides, the e-stamping details itself occupies three fourth of the paper, and there is nothing left for writing the document. Consequently, people have not accepted it whole heartedly and choose it merely for smaller denominations requirements. 

Eventually, the Stock Holding Corporation of India received small turn over and meager commission and became upset on the outcome. For example the company only received Rs 6.50 for e-stamping 1000 rupees. It is though nobody’s fault that e-stamping is hardly used to pay heavy stamp duty as people still prefer Demand Drafts. 

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

 PLEASE DO SOMETHING SAAR! 

 Whatever, the company was pressurizing the department for more commission irrespective of the agreement. It had booked the successive IGR’s trying to make e-stamping compulsory. But the act does not permit it. 

The IGR’s had also made all out efforts to force the sub registrars to only accept e-stamping but in vain. 

 OK, DONE! 

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

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