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.

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