Firoz.T.Totanawala The Bangalore Metro Reporter NOW ROSES TO LEGALISE ILLEGAL ACTS? SACHIDANANDANAGAR LAYOUT- A SCAM IN ITSELF

By FIROZ.T.TOTANAWALA

THE BANGALORE METRO REPORTER 

NOW ROSES TO LEGALISE ILLEGAL ACTS? 

SACHIDANANDANAGAR LAYOUT- A SCAM IN ITSELF 

 On September 16th 2010, few people featured in the media offering roses to the BBMP Commissioner demanding their sites/Houses in Sachidanandanagar Layout in RR Nagar be regularized by registering the Khata’s. This novel protest made headlines in both print and visual media and the BBMP Commissioner promised positive actions in few days. Whatsoever, the fact remains that the Sachidanandanagar layout formed by the notorious Vishwa Bharati Housing Society is entirely illegal. In the context, let us understand the scam in its entirety. 

 THE BEGINNING 

 It all began in the nineties when B.Krishna Bhat formed a layout in Pattanagere and Halagevaderahalli survey number lands meaning agriculture lands through his Vishwa Bharati Housing Co operative Society. These agriculture lands actually can not be used for non-agriculture purposes without obtaining the conversions. 

B.Krishna Bhat posing himself as an agriculturist entered into sale agreements with the land owners of about 68 acres in Halagevaderahalli and got the possession through sale deeds and General Power of Attorneys. Besides, he used the society’s funds to purchase the lands in his name and later, gave the GPA in favour of the society that is B.Krishna Bhat himself. 

 Then without bothering to apply for conversion, land acquisition, layout plan etc. he simply started forming the layout. He formed 950 sites and sold them to people treating them as members of the society. As the housing society is a registered co-op society, it cannot simply purchase lands, form sites and sell it to the members/public. It has to follow the law of the land and function under rule of law. But B. Krishna Bhat does not know the law of the land or rule of law and simply cared two hoots to follow it. 

 BORN ILLEGALLY 

 Form the very beginning, the layout is illegal as it had no sanction of law. Primarily, a society can not purchase agricultural lands. Under the Karnataka Land Reforms Act, non agriculturists and agriculturists whose income from non agriculture sources exceeds 50 thousand per annum (now increased to 2 lakhs) can not purchase agricultural lands. When B. Krishna Bhat purchased the lands in his name in the eighties the income limit was Rupees 50 thousand. By any stretch of imagination, B.Krishna Bhat, due to his income and employment was barred from purchasing the land let alone transferring the same to the society. And the Housing co-op society was specifically barred from purchasing or holding agriculture lands. 

 Besides, there are various steps and a procedure to be followed if a society has to acquire an agricultural land. It has to first get the lands acquired by the Government, then, get the layout approved by the BDA, form the sites to be allotted to the members of the society following the seniority list as approved by the registrar of co-op societies. It is a very long process and the society is also required to spend money at every stage. 

 THE CORRECT PROCEDURE- 

STEP 1 

 First, the society has to identify the lands and get consent from the land owners. Then it has to make an application to the Land Acquisition Officer to get the lands notified for the acquisition. At this time, the society has to pay acquisition cost to the government. The Land Acquisition Officer issues the notification, calls for objections etc. holds inquiry with the land owners and fixes the price of the lands. The society then has to pay the price of the lands to the Land Acquisition Officer who in turn disburses the same to the land owners after getting physical possession. After all these procedures, the Government hands over the lands to the society and that land should be converted. This is the first step. 

 STEP- 2 

The society after getting the lands should submit a layout plan to the BDA for approval. The town planning member in the BDA thoroughly vets the plan for provisions for CA sites, roads, parks etc. Once the plan is approved in principle, the BDA calculates the supervision charges to supervise the formation of the layout. It then asks the society to pay up the supervision charges and approves the plan only after the society pays up the charges. This is the second step. 

 STEP- 3 

 The society can go ahead with formation of the layout’s civil works. And here too, the society has to surrender the CA sites and other public utility lands to the BDA through a registered relenquity deed. After all these formalities are over, the society can take up the site allotment, this is the third step. 

 FINAL STEP- 4 

 However, the society cannot allot sites on its whims and fancies to its members/outsiders. The society being a co-operative one is bound to follow the direction of the registrar of co-op societies, the act and rules. As per the law, before starting the site allotments, the society has to prepare the seniority list of the members eligible for site allotments and has to get the same approved by the registrar of co-op societies. And only then the society can register the sites in favour of eligible members. This is the final step. 

 But, in case of B.Krishna Bhat’s Sachidanandanagar Layout, not a single rule has been followed. 

 What Krishna Bhat has done is a mockery of the law of the land and rule of law has become the first casualty. If one were to take a grace at his actions in this regard, one wonders whether the law of the land had been “exempted” in his case! 

 THE CONFISCATION

 Whatsoever, the malpractices of B. Krishna Bhat could not escape from the eyes of law. The then Assistant Commissioner, who conducted enquiry under section 83 of KLR Act, found the society and B. Krishna Bhat violating the provisions of the act and confiscated 68 acres of land in Halagevaderahalli in 2001. But Krishna Bhat continued his layout works and selling sites and in fact purchased some more agricultural lands. 

 It is another matter that B.Krishna Bhat, true to his style took the matter of confiscation of lands to KAT and hurried the purchasers to build houses on their sites, so that their properties could be regularized by the Pattanagere CMC. In fact, the Assistant Commissioner in his order had directed the CMC Commissioner not to issue Khatas to the purchasers of the sites in these lands and also prevent unauthorized and illegal constructions.

 In the meanwhile, the then Divisional Commissioner after coming to know of the violations by the society and also illegal alienation of the agriculture lands, had slapped a notice on Krishna Bhat’s society to pay Rs. 3.42 crores as conversion charges. As usual, B. Krishna Bhat also challenged this notice in the High court and in 2003, the court quashed the notice and referred the matter again to the Divisional Commissioner to reconsider the matter afresh and pass appropriate orders regarding conversions. In this case, the Divisional Commissioner had taken action under Karnataka Land Revenue Act. 

 GOVERNMENT CIRCULAR & HOLDER KHATA

 Forget about this, amidst all these, B.Krishna Bhat took the advantage of the Government circular in 1997 regarding the regularization of revenue properties and collection of betterment charges by CMC and Municipalities. Interestingly, this circular had directed the municipal bodies to collect taxes from the owners of revenue properties for having used the civic amenities provided by the municipal bodies. It had also directed to issue “Holder” Khatas to such properties and it should be noted that Holder khata is not a regular khata but “Anubhavdar” khata which does not provide fool proof title and ownership. 

 B. Krishna Bhat succeeded in getting around 150 properties regularized by the Pattanagere CMC before the Divisional Commissioner ordered freeze in 2000. The DVC had directed the special Divisional Commissioner, to cancel all the khatas already made in respect of allottees of B. Krishna Bhat’ society. He also directed to take action against the society for forming the layout on agricultural lands and also asked the Special Divisional Commissioner to direct the Sub register not to register the sites in this illegal layout. 

 Here again, BKB filed a case in civil court and got a temporary stay over the DVC letter. Finally, the court quashed the DVC letter and direction and ordered the registration of the khatas. Interestingly, even though the layout plan was not approved by BDA, he submitted a so called “approved layout” and mislead the Court also. 

 FOILED AGAIN

 Most importantly, the regularization scheme was meant only for revenue properties and it was not applicable to the sites of the housing co-op society. Still armed with the court order, B. Krishna Bhat tried to browbeat the CMC officials to affect the khatas. But the Government order in 2007 prohibiting collection of betterment charges once again foiled B. Krishna Bhat’s attempts to get the khatas registered. 

 Ooops! This is the sad but true story of manipulation about the Sachidananda Nagar Layout. And now, the individual site owners of this completely illegal layout have opted for Gandhigiri, inspired by the Bollywood hit. They are demanding the registration and legalization of their sites/Houses by offering roses to the BBMP Commissioner. They have also sought the help of Lokayukta, who actually is nowhere connected with this issue and also hyped this matter in the Media without revealing the truth of the entire deal. Now the question is, by merely offering roses to the present Commissioner, can someone really trespass all the laws and legalise the entire illegal layout?