Firoz.T.Totanawala The Bangalore Metro Reporter KRIDL’S UNIQUE MANIPULATION! JV with Ramalingam Company: Company offered 5% service charges; MD settled for only 3%!

By Firoz.T.Totanawala

The Bangalore Metro Reporter

 

KRIDL’S UNIQUE MANIPULATION!  

JV with Ramalingam Company:  Company offered 5% service charges; MD settled for only 3%! 

The Ramalingam Construction Company (RCC) which bid for TN Housing Board's Mega project on behalf of KRIDL (ex-Karnatka Land Army Corporations) was prepared to pay the normal service charge of 5% to the Corporation. But the then MD of KRIDL G.C.Prakash (now transferred) got the Board to approve only 3% service charge! The TNHB project, for which the KRIDL is the third lowest bidder with 38% above SR, is to be executed by the Ramalingam Construction Company (RCC) from the bidding to completion stage, in the name of the corporation. On paper, the KRIDL will be executing agency but in reality, it is the RCC which does everything. Why did the ex-MD settle for 3% while in fact the company was prepared to pay 5% service charge?

In order to grab a mega project of Tamil Nadu Housing Board in Chennai, the Karnataka Rural Infrastructure Limited (formerly KLAC) has lent its 'name' to a private company. This is just like KRIDL acting on behalf of a private company to grab the mega project in the name of the corporation and getting a certain percentage as royalty or service charge! As this private company based in Erode, does not have the eligibility to bid for the tender, it approached the corporation and convinced the then MD G.C.Prakash to lend the corporation's name for the tender process. It is just like the corporation acting as the benami company of the private company Ramalingam Coustruction Company (RCC) which opened its office in Bengaluru.
As per the tie up, the RCC would be authorised to participate in the tender on behalf of the KRIDL. The RCC would pay the EMD and other financial and technical factors and decide the bid amount. The company will execute the project at their cost. If the tender is awarded to KRIDL, it is the RCC which makes investments and completes the work. And as the project would be awarded to KRIDL, the TN Housing Board will pay the Bill to the KRIDL which in turn releases the amount to RCC. To put it simply, KRIDL will be only a ‘name lending’ agency!
It all began with RCC writing a letter to the then MD of KRIDL G.C.Prakash, drawing his attention to the Tamil Nadu Housing Board’s tender for construction of multi storied residential complex and office complex at ONGC campus in Chennai and showing its interest to apply for the tender by associating with KRIDL. The MD of RCC wanted the KRIDL to authorise them to participate in the tender and take up the work if the tender is awarded to KRIDL. The RCC in its letter had made it clear that they will invest their own finance from the application to tender form to the completion stage. And what more, the RCC had agreed to pay the normal service charge of 5% to the KRIDL on back to back basis.

This implies that after the work gets started, the TNHB will release the running bill amount to the KRIDL and KRIDL in turn will release the amount to the RCC after deducting 5% service charge. It is to be recalled that KRIDL charges 5% service charge for all the works executed by it entrusted by the government and government agencies.

Regarding the tender, RCC participated in it on behalf of KRIDL and quoted 38% above SR. This implies that the project will cost a little over 175 crores. If all goes well and the RCC completes the work, the Corporation will be getting about 8.75 crores as service charges for mere name lending. As these mega projects drag over for more than two years, there would be escalation etc which finally may reach Rs. 200 crore! But, if the work was found to be unsatisfactory and sub standard, what would be the result? The TN government as it is today will not even bait an eye lid to blacklist the KRIDL! And why did the KRIDL without knowing the antecedents of RCC allow itself to be used as its front?

Whatsoever, G.C.Prakash, the ex-MD of the Corporation is allegedly, a notorious corrupt official who would do anything for money. He clinched a deal with the RCC in a hurry through his legman Balasubramaya, a DD. What more, he got a resolution passed by the Board in a hurry. As the Chairman Chikkana Gowdar too is allegedly possessive of money, Prakash easily misled him and got the board to authorise the RCC to bid for the tender in the name of KRIDL (Additional Subject No 170-A 5) on the pretext of Joint Venture on 13-7-2012 itself.

Interestingly, Prakash had shown his manipulative skills by making the Board to accept 3% service charges instead of the normal 5% service charge. In fact, the RCC itself had agreed to pay 5% service charges to the KRIDL. 3% service charge means that if the project is executed by the RCC satisfactorily, the KRIDL would be getting about 5 crores as service charge. And interestingly RCC itself had agreed for 5% service charge which comes to 9 crores! It is also said that Prakash had not brought the offer of 5% services charge by RCC to the notice of the Board.
This is not the end of the story. Even though the RCC had never asked for any financial help from the corporation, Prakash got the Board to approve advancing a credit of Rs. 18 crores to the RCC against bank guarantee. It is another matter that KRIDL used to release 20% of the contract amount to the sub contractors as advance against bank guarantee. In spite of the company not asking for any financial or technical support, why did Prakash force the Board to advance 18 crores credit?

What is the implication of this huge advance provided to the RCC without asking for the same? On the face of it, the project may drag on for more than two years. And this 18 crores advance to the RCC is a dead investment without any return. Mere Bank interest of this amount would have fetched KRIDL around 4 crores. And what is the total service charge the KRIDL gets from RCC at 3%? It is about 5 crores! The difference is just one crores! Is it justifiable by any stretch of imagination that the KRIDL would stake its reputation, credibility and money for the sake of one crore earnings and that too over a period of time? It is obvious that Prakash and the Chairman would be having their share in the “credit” business.

Of course, the KRIDL's (or RCC) bid is the third lowest. Being a state government undertaking and considering the hundreds of crores of works done by it in the last couple of years, it still stands a chance to get the contract. But there are some suspicions about the corporation getting the contract as the other companies who have participated in the tender are sore over the tricks played by RCC with active connivance of the KRIDL. Strictly speaking, the KRIDL stands to lose in the entire contract.

At the same time, Prakash and Chikkana Gowdar have heavily benefitted by agreeing to 3% service charge against the 5% and advancing 18 crores unnecessarily to the company. At the end of the successful completion of the project, the KRIDL can get at the maximum one crore as service charges deducting the interest part of the 18 crores advance to the company. This is how IAS officers take everybody granted and make crores and crores. Interestingly, Prakash was the 'guest' of Lokayukta also and that explains everything. More shockingly, GC Prakash, is been transferred to even more plum post in spite of enquiries pending against him. G.C. Prakash is now, the DC Bangalore Urban. That is all.

Firoz.T.Totanawala The Bangalore Metro Reporter THE SBM STAMP PAPER SCAM- 4 THE 4th BLUNDER- NO RECONCILIATION

By Firoz.T.Totanawala

The Bangalore Metro Reporter

THE SBM STAMP PAPER SCAM-4 

THE 4th BLUNDER-  NO RECONCILIATION

In our last issues, we revealed that the State Bank of Mysore had no written agreement with the Government to print and sell Stamp Papers of various denominations on its own. Further, while it did print it, the stamp papers of SBM had its own different designs with lapses in the security features as prescribed by the government. All this undertakings were based merely on a proposal letter.

In this issue, we explain you how the SBM defaulted on reconciliation duty as proposed by itself.
When, the Government had planned to stop the sale of Stamp Papers in wake of Telgi Scam, the SBM was invited to submit a proposal. The SBM then submitted a proposal on 05/04/2003 to IGR & CS with regard to collection of Stamp Duty by issuing receipts on behalf of the Government. It is but obvious that there has to be a serious discipline in maintaining the records of these transactions and also in reconciliation. However, it is saddening that there has been a terrible lapse in reconciliation of the records.

In its proposal dated 05/04/2003, the SBM had clearly offered to submit daily scrolls of the transactions to the attached Sub-Registrar and Regional Office on daily basis for reconciliation; and to IGR & CS once a month. It proposed that “ At the end of every working day, the Bank will submit a scroll either electronically or by hard copy, giving the details of transactions like the receipt numbers, name of the depositors, amount deposited etc”. The same was also insisted by the IGR & CS. However, the SBM has never sent daily scrolls to its attached Sub-Registrar and Regional Office.

According to the Note issued by the District Registrar on 21/02/2004, it states that,” However, the requirement is that a scroll of the remittances should be sent to the Treasury and the RO at the end of each day as per the Oral Agreement. The Bank is also expected to send a consolidated scroll of all the payments made in all the branches to the IGR & CS at the end of the month. This is not happening in practice at present. Thus there is no reconciliation of the payments and the Sub Registrars certify the payment on the basis of the receipts produced by the party to the document without any verification. There would be a disastrous situation, if the receipt is faked and there is no way to verify”. Further, SBM was also required to send monthly transaction details every month to IGR & CS for verification and record. However, the SBM also failed here. It sent the monthly scroll to IGR & CS for a month or two only.

The note by the District Registrar clearly states that “The arrangement with the SBM was to give a consolidated statement along with scroll, every payments of the state to the Directorate of Treasury and to the IGR & CS also. However, this is also not happening at present except for the month of April or so (2004). As a result we are the department is in dark as to the exact duty collected in this case.

This also means the Sub-Registrar also has no knowledge about the stamp duty collected and also there is a very high chance of manipulation of amount by the SBM staff since there is no daily reconciliation. For e.g., Rupees 1,00,000/- received as Stamp duty can be recorded as Rupees 10,000/- since there is no daily scroll submitted and reconciliation is not done every day.

What is more worrying is that it is almost impossible to reconcile the records now since there have been serious lapses in the procedure. In the initial stage itself, while authorizing the SBM to collect Stamp Duty, the arrangement was made in such a way that each designated area will have a Sub-Registrar and that particular SR will be attached with an SBM branch in that area. Now any public, who desired registration in a particular area, should only approach the SBM branch of that particular area for payment of duty. Further, every SR was instructed to accept the receipt of Stamp Duty only from their respective attached and designated SBM branch. However, due to public pressure, the Sub-Registrar collected receipts issued by any of the SBM branch. This would never allow a reconciliation since no one can know which receipt issued by bank has gone where. The same is also stressed by the District Registrar in his Note dated 21/02/2004.

Indeed, there could be manipulation to the tune of several crores and that simply means the Government lost its valuable revenue and the public money went to crooks.

In reply to an RTI dated 20/04/2009, asking the SBM to give the Copies of Reconciliation of accounts of every year starting from 01/04/2003 up to 31/03/2009, the Bank replied on 19/05/2009 saying that “This is to be done by IGR & CS”.

Further, when the RTI was filed with IGR & CS on dated 27/05/2009, asking for the Copies of the Reconciliation of Accounts every year from 01/04/2003 up to 31/03/2009, shockingly, the IGR & CS wrote a letter to SBM directing them to give the reconciliation copies since these details are with them. They issued us a copy of the same letter in reply to our RTI.

The state also has no means of verifying the exact amount of stamp duty collected and also stamp papers sold for the purpose of Non-Registerable articles like agreement, power of attorney’s bonds etc. as reconciliation has not been done for so many years. Again, there is no chance of any foreseeable reconciliation in days to come in the absence of submission of daily scrolls by the Banks to the Sub Registry offices. Consequently, since there is no reconciliation with any Government department, hence, the figures claimed by the SBM, whether true or false have to be accepted by the department.

No Authority, No Supervision

If the State Government had instructed the SBM to collect the Stamp duty on its behalf, then it had to be more transparent. There should obviously be authorities responsible and liable with regard to issues relating to the Stamp duty collection. However, unfortunately, there was no authority genuinely responsible, accountable and liable for the same.

The most astonishing fact is that as per IGR & CS Letter obtained through RTI, the SBM itself was in charge of printing, selling and accounting of Stamp Papers. No Government representative or any one from the Department of Stamps and Registration was allotted the authority to oversee the accounting of Stamp Papers. All the details as furnished by the SBM, was blindly accepted as true and binding by the Government. Further, another shocking fact is that as per Government Order, if anything goes wrong or any kind of problem arises with respect to Stamp Paper or Stamp Duty Collections, the SBM authorities would be held responsible for the same. That simply means that the authorities of Departments of Stamps and Registration are all dummies. They were merely sitting and eating up public money officially without doing their duty of supervising, controlling, inspecting and accounting the Printing and collection of Stamp Duty by SBM.

How can an activity of such importance like the revenue collection run on passing the buck game? If the Stamp Paper racket by Telgi was a huge scam, then what does this system practiced by the Government authorities and the SBM is called? How can the operation of stamp paper machinery which is in tunes of crores of rupees be blindly handed over to SBM, to be controlled as per its whims and fancies.

In reply to an RTI with SBM dated 18th April 2009, asking whether there is any authority either from the Governments or IGR & CS department’s side to inspect and supervise the Stamp Paper activities, the SBM clearly replied as ‘NO’. In that case, the full and final authority with regard to the Stamp Papers, by default was SBM. Then, how can anyone prove genuineness of the facts and figures as disclosed by the SBM? Further, while the Government has clearly mentioned that SBM authorities will be responsible for any lapses or frauds, it sounds suspicious as to why the Government put this condition in first place and why did the SBM authorities accept this criteria?

It should be noted that there is also no supervision done by anyone from the department or from the Government’s side. An RTI was filed with the IGR & CS department on 02nd June 2009, asking them to give me details of Stamp Papers printed and sold by SBM from 01st April 2003 to 31st March 2009. In reply, the department sent me a copy of a letter which they sent to SBM asking them to provide me the details and in turn informing me to collect the said information from them. That logically means that the department does not have any information with regard to number of Stamp Papers printed and sold by SBM.

Besides, the department also does not have any information about the Stamp duty collected from Non-registerable documents by SBM through its Stamp Papers. It also does not know how much money the SBM has remitted in the Government Treasury and they are also unaware about the details of sale of Stamp Papers in various denomination. The above information was requested through an RTI dated 27th May 2009, but, the department in turn asked SBM to provide the information. 

 To be continued…..

Firoz.T.Totanawala The Bangalore Metro Reporter VOTING TIME? Possible Dissolution of Assembly, Elections in February?

By Firoz.T.Totanawala

The Bangalore Metro Reporter

VOTING TIME? 

Possible Dissolution of Assembly, Elections in February? 

With the onset of the Aaya Ram - Gaya Ram season, it is becoming distinctly clear that the Assembly may be dissolved soon. In all likelihood, the Election Commission may hold the elections in February next year unless the centre opts for President’s rule for six months. In fact, all the parties except BJP are favouring elections. The Congress has started engineering defections from other parties. B.S.Yeddyurappa is making all out efforts to snatch as many leaders from BJP and other parties as possible.

December 9th, is the D-Day for both BJP and B.S.Yeddyurappa. On this day, Yedurappa will hold a rally in Haveri to officially launch his Karnataka Janatha Party. The rally is his show of strength and many ministers, MLAs, MPs are expected to attend the rally. At the same time, the BJP is bracing itself to contain the situation with State BJP President K.S. Eshwarappa asking the ministers and legislators to resign from their posts before taking part in the rally. In a way, the BJP is resigned to the fate of losing the government. If all goes according to the game plan, the BJP may expel the leaders who participate in the rally even if it meant the end of its government.

The Congress is fully energetic more so with the entry of SM Krishna to the state politics. It is engineering defections from other parties. The other day, the Congress claimed that it had sent the proposal to the high command for admission of over a dozen BJP MLAs and even JD(S) MLAs into the party! The Congress, this time hopes to get to the power by default and that is why it is pressing for early elections. There are also rumours of few Congress leaders holding discussions with KJP to join the bandwagon of Yedurappa.

The BJP too has already geared up for the elections. The uncertainty over Yedurappa’s desertion from the party is over. They have resigned to Yedurappa leaving the party and are busy activating their leaders and cadres. They knew very well that even if Yedurappa was leading its election campaign, the party cannot come to power. Without Yedurappa, they could display some sort of a clean party image notwithstanding the fact that more than 15 Ministers are facing corruption charges in various courts and 13 ministers have to go because of serious charges, over the last four years. The exit of Yedurappa may not harm the party substantially as most of Yedurappa’s loyalists who are joining him in KJP are not physically from BJP. They were all defectors from other parties procured by Yedurappa through the Operation Kamala. As on now BJP will be lucky if it gets 40-50 seats.

The JD(S) on the other hand is also already in the election mode since six months. Its star campaigner HD Kumaraswamy is touring the North Karnataka area extensively bringing back old party leaders to the party fold. In fact, the JD(S) had already decided on the candidates of over 120 constituencies. It is holding mammoth conventions at divisional levels and is concentrating on ‘regional party’ plank.

The BSR Congress floated by B.S.Sriramulu and backed by the Reddy Brothers is also in favour of early elections. B.Sriramulu, the founder of the party is touring the state extensively concentrating on back-ward class votes. The party will get a shot in the arm if it is able to get Janardhana Reddy on bail. It is a well known fact that a couple of BJP MLAs and MPs have completely identified with BSR Congress. Sriramulu wants to prove his hold on few districts like, Bellary, Raichur, Gadag, Chitradurga etc, where his Valmiki community is in majority. The Backward Class Votes are an added advantage.

Compared to all these, Yedurappa is in a mortal hurry to go to elections. He had already purchased the Karnataka Janata Party and wants to show his hold on the masses in the elections. It is another matter that Yedurappa had planned to form the regional party the moment he was asked to resign the CM post on corruption charges. Now that KJP is a reality, he does not want any delay in holding the elections. He may, in frustration, ask his loyalist ministers and legislators to come out of BJP and topple the government. He is under the impression that he will get the whole of lingayat vote bank. He is also trying to woo the minorities and backward classes by promising them large number of tickets.

Except BJP which has conceded defeat half heartedly, all other parties are rearing to go the elections. One can be sure of Yedurappa toppling the government after 9th December. Even otherwise, the governor will come into the picture if the present stalemate continues. One can also be sure of the Chief Minister recommending dissolution of the Assembly if Yedurappa tries to topple the government. Before recommending the dissolution, Jagadish Shettar will have to dismiss the Yedurappa loyalist ministers from the cabinet so that he could pass the dissolution resolution in the cabinet. The Governor will not say ‘no’ to the dissolution recommendations.

And the question is whether there will be immediate elections or a long stint of President’s rule in the state? In all probability, the President’s rule will be a short term affair. In that case, elections are bound to be held in February, as March and April are inconvenient because of academic examination etc. It is another matter that the Election commission may hold the elections six months earlier to the expiry of the term of the Assembly. That is all.

Firoz.T.Totanawala The Bangalore Metro Reporter KSTDC FINALLY WAKES UP! BIAL AIRPORT TAXI SERVICES FRAUD, CHIKKAMATH AND OTHERS SUSPENDED….

By Firoz.T.Totanawala

The Bangalore Metro Reporter

KSTDC FINALLY WAKES UP!  

BIAL AIRPORT TAXI SERVICES FRAUD, CHIKKAMATH AND OTHERS SUSPENDED….

The KSTDC which is operating Airport Taxi services has now started taking some action against few culprits who have involved in notorious scams. The KSTDC Taxi Service Counter was actually run by Chikkamath, the ATO and the fraudsters who styled as the office bearers of the Bangalore Airport KSTDC Taxi Drivers Welfare Association, particularly its Secretary R.Neelakantappa. They have committed fraud by manipulating the remittances to the KSTDC. In one case, the MD has now suspended the Assistant Manager Chikkamath and two others. At least now, the law is taking its course in KSTDC.... 

We have carried several exposures on the frauds committed in the KSTDC’s Airport Taxi Services monopolised by a self styled office bearers of Bangalore Airport KSTDC Taxi Drivers Welfare Association, a bogus association. Its General Secretary R.Neelakantappa, an outsourced employee of the Corporation, had held both the KSTDC’s Airport Counter and the Taxi drivers to ransom. Whatever he said was law and the ATO Chikkamath was like his orderly. The Taxi drivers who purchased the stipulated luxury cars and attached it to the KSTDC by paying heavy deposit were forced by Neelakantappa and gang to become members of the Association by paying an unimaginable fee of Rs.16500/-. More than anything, the drivers had to work at the mercy and discretion of Neelakantappa and gang which included Chikkamath. 

 The drivers were harassed, victimised and tortured by the Neelakantappa gang. They were fined heavily even for small mistakes. Sometimes, they were denied access cards for days on end for any lapses. The Neelakantappa gang had established its monopoly over the KSTDC Taxi Services. 

Only after the Neelakantappa gangs cleared, the KSTDC used to attach the vehicle for its services. The Call Centre too was under the octopus like grip of Neelakantappa gang. 

 It is another matter that KSTDC is earning crores every year from the Taxi services. The Taxi drivers who attach their vehicles (in fact, the KSTDC has no vehicle on its own), have to pay parking charges of Rs.9000/- per month. They also have to shell out Rs.2000/- as call centre charges. The KSTDC pays about Rs.80/- per day per vehicle to the BIAL as licence for parking and Taxi services and there are about 600 Taxies operating under the banner of KSTDC. Each driver has to pay a security deposit of Rs.30,0000/- to the KSTDC, out of which the Corporation pays Rs.15000/- deposit to the BIAL. The parking fee paid by the Taxi-drivers is almost a lakh per vehicle, while the corporation pays about Rs.30000/- to the BIAL. From this only, one can imagine the KSTDC’s Airport Taxi business. 

 In spite of getting big profits, the KSTDC has not taken even a semblance of Welfare measures to the Taxi drivers. And Neelakantappa gang which styled itself as the Association formed for Taxi Drivers Welfare had literally looted them. No taxi driver could run the Taxi and earn his livelihood by antagonising this gang. Interestingly, the KSTDC has recognised this bogus Association against all known parameters of law. 

 It is another matter that the KSTDC was inflicted heavy loss by Chikkamath and Neelakantappa gang through defalcation and manipulation of collection of fines etc. from the Taxi drivers. We had exposed instances of Chikkamth, Neelakantappa gang collecting heavy fines from Taxi drivers and remitting nominal amount to the KSTDC. What more, all such receipts were generated by the computers! Allegedly, in spite of knowing about the fraud, the MD kept quiet, because Chikkamath is a powerful official with high contacts. The Manager and Asst. Manager in charge of Finance had also submitted a note to the MD and their findings are very serious. They have submitted that Chikkamath and others have not maintained cash books, both written and computerised from 11.12.2008 to 31.5.2012! It is this that made the fraud possible and difficult to detect. Interestingly, the note also found that duplicate receipts have not been maintained. More than anything else, the note also states that the computerised vouchers of fine collections from Taxi drivers have been purposely destroyed so that their fraud could not be detected. Had the MD acted immediately after our exposure, the inspection team would have hit dirt and detected fraud of lakhs of rupees. 

 Whatsoever, the MD has now suspended Chikkamath and two other employees. At least that is a good beginning. That is all.

Firoz.T.Totanawala The Bangalore Metro Reporter THE SBM STAMP PAPER SCAM- 3 THE SHOCKING WHITE COLLAR SCAM BY A BANK & REGISTRATION DEPARTMENT!

By Firoz.T.Totanawala

The Bangalore Metro Reporter

THE SBM STAMP PAPER SCAM-3 

THE SHOCKING WHITE COLLAR SCAM BY A BANK & REGISTRATION DEPARTMENT!

Most of us are shocked and frustrated over the Kareem Telgi Stamp Paper scam and consider it a black spot on the Registration Department. But, you will be more astonished over this SBM Stamp paper scam which we bring to you in series and details. We call it a white collar scam because; this has been done in the broad day-light under the very noses of the ‘babus’ with the connivance of the relevant Bank. This would bow the heads in shame for the failure of introducing an effective and a fool-proof alternative system of revenue collection despite the Government having several efficient administrative officers in its corridor. Indeed, the Kareem Telgi Scam appears quite small compared to the scam our elected authorities have operated. There are multiple blunders accrued in this scam and most importantly it is by our own authorized officials, who are liable for safeguarding the public treasury. Here it is unfolded in detail for you. 

THE 3rd BLUNDER- SBM STARTS THE STAMP PAPER BUSINESS WITHOUT MoU OR GOVERNMENT ORDER BUT MERELY ON A PROPOSAL LETTER FROM THE DEPARTMENT. 

 In our last issues, we revealed that the State Bank of Mysore had no written agreement with the Government to print and sell Stamp Papers of various denominations on its own. Further, while it did print it, the stamp papers of SBM had its own different designs with lapses in the security features as prescribed by the government. But then, on what basis did the SBM start printing and selling its own denomination wise stamp papers? 

 With regard to the payment of Stamp duty, the Demand Draft had become compulsory. Other banks including the Co-op Banks, used to issue DDs for stamp duty payment. This was a multi crore business and SBM wanted a clear monopoly over it to earn crores through commissions etc.

Therefore, SBM put forth a proposal before IGR offering to issue ‘Receipts’ in place of DDs for stamp duty payments, at half the rate of commission charged for DDs. As per this proposal, the SBM and in case there was no SBM branch in a particular zone, the SBH or SBI would collect the stamp duty through Receipts. For payment, the parties were required to bring in a calculation sheet from the concerned SRO indicating the amount of stamp duty and Registration fee and the Receipt issued by the branch would be the conclusive proof for payment of stamp duty. At the end of the day, the branch had to send the daily scroll of collections made to the SRO for reconciliation of accounts. 

 By this proposal, the SBM wanted to monopolise the DD business. Who will go to other banks and purchase the DDs at regular commission when they could pay the stamp duty through ‘Receipts’ which charges only 50% of the regular DD commission? The IGR readily agreed with the proposal, but as the stamp duty collections were over Rs. 3000 crores, the IGR had to ink MoU with the SBM specifying the terms and conditions and the operational details. Once the MoU was signed, the government had to issue the necessary Government Order. 

 But no such thing happened. Once the IGR, orally agreed to the proposal, the SBM without waiting for MoU or the Government Order, went ahead and started the Receipt business. Its designated branches started collecting stamp duty through Receipts. Not just that, but shockingly, the SBM branches simply refused to send the daily scroll to the designated Sub Registrar offices as proposed in its proposal. There was no reconciliation and the department too could not discipline the Banks as they had no MoU with them. On the face of it, the ‘Receipt’ business of SBM was highly illegal and unauthorised. 

 Then came the biggest fraud of SBM Stamp papers, which started at the same time. The SBM had put forth a proposal to IGR to allow them to print, pre-printed document sheets of various denominations to tide over the difficulty of the people who were facing hardship in getting small amounts franked or certified. Even though it was nothing but a stamp paper, it was called the document sheet as mere mention of stamp papers was perhaps allergic to the government. 

 IGR, ignorant of the law of the land, readily agreed to this proposal. He sent a letter to the SBM on 26-3-2003 stipulating terms and conditions and wanted the Bank to convey its acceptance so that MoU can be entered with the Bank followed by the necessary government order. 

The conditions were: 

 (a) The SBM should certify on the document sheet (sold by the Department Employees Co-op society) and certify the payment of stamp duty for unregisterable articles. 

(b) The government will pay one percent commission to the Bank for the amount credited to the treasury through certification on document sheets. 

(c) These pre-printed denominations had to be used only for unregisterable articles like Affidavits, agreements, indemnity bonds etc. 

(d) And MoU will be entered with the Bank after the Bank agrees to the above conditions. 

 From the above, it is clear to anybody with a common sense that the letter by the IGR was only a proposal to the Bank expecting the Bank’s communication to express their acceptance of the conditions at the earliest so that a MoU can be signed. 

 But, after getting the IGR’s proposal letter, the SBM’s top brass ignored to convey their acceptance of the terms and conditions and sign the MoU. They simply construed the proposal letter itself as permission from the government and straight away started the stamp paper business. They got the pre-printed denomination wise stamp papers in private printing presses and started selling the stamp papers of Rs.10, 20, 50, 100 and even 500 through their branches. People who faced hardships getting the stamps franked or certified at the SR offices, queued up before the SBM Branches, where the Bank displayed ‘Stamp Papers Sold’ banners. Interestingly, IGR turned the other way when the SBM, SBI and SBH started selling the stamp papers which are just like the banned stamp papers. Apparently, the stamp papers made a back door entry through SBM stamp papers. And mind it; there is not a shred of evidence of the government permission. 

 Despite knowing that the entire business was illegal, no IGR or Revenue Secretary or even the Finance Secretary thought it fit to put a stop to this fraud and file criminal cases against the Bank officials. In fact, in 2007, the then IGR permitted the Bank to print more papers when the Bank submitted that its stock was emptying! Arguably, the IGR has no power or authority to permit such stamp paper business. It is the domain of the central government and state governments have no powers in this regard. 

Unmindful of the consequences, the SBM and its associate Banks continued the illegal stamp paper business. Interestingly, the Sub Registrars refused the SBM stamp papers for registration. They collected the stamp duty as usual and treated the SBM stamp papers as plain sheet. 

 To simply put, the Bank had indulged in the stamp paper business illegally, without a MOU with the government or a Government Order, but merely on a proposal letter. Further, in the due process, it also violated the stipulated conditions of its own submitted proposal. It printed crores of pre-printed denomination wise stamp papers and even blank stamp papers in private printing press, and there is no proper accounting, let alone reconciliation. The entire fraud can be allegedly worse than Telgi. Moreover, while Telgi is a criminal, the SBM officials are respectable and highly paid officials. 

 As far as, the department officials are concerned, the successive IGRs, Revenue Secretaries and even Finance Secretaries allowed the fraud to go unchecked. 

 (To be continued)

Firoz.T.Totanawala The Bangalore Metro Reporter THE OPEN LIE! KSTDC AIRPORT TAXI SERVICES, KSTDC ENTERS INTO CALL CENTRE AGREEMENT, BUT, GIVES FALSE RTI INFORMATION.

By Firoz.T.Totanawala

The Bangalore Metro Reporter

THE OPEN LIE!  

KSTDC AIRPORT TAXI SERVICES,  

KSTDC ENTERS INTO CALL CENTRE AGREEMENT, BUT, GIVES FALSE RTI INFORMATION.

The Karnataka State Tourism Development Corporation is running Airport Taxi Services in the Bangalore International Airport. It is making crores in this business without investing a single pie. The 600 plus Taxi owners are operating under the KSTDC banner. They have to pay Rs. 30,000/- as security deposit, Rs. 9000 per month as parking fees and Rs. 2000/- per month to call centre charge to the KSTDC. The KSTDC in turn pays about Rs. 15,000 per vehicle to the BIAL per year as parking charges. All these years, the KSTDC Taxi Services were controlled and monopolised by an employee Neelakantappa who had floated a bogus Association of Taxi Drivers with the convenience of the top officials in KSTDC. Now, the KSTDC has ‘given’ the call centre contract to Neelakantappa Association which is partnering with a private individual. And KSTDC in the RTI reply says that it has no agreement with the Association... 

 In our earlier exposures, we had dealt with the KSTDC Airport Taxi Drivers Welfare Association, a bogus association, harassing, victimising and torturing the Taxi drivers with the active connivance of the KSTDC top brass. One ATO Chickmath had become a member of the Neelakantappa gang in their looting games. The scam was widely reported yet; the KSTDC top brass have cared two hoots for the same and are protecting the gang for obvious reasons.

Whatsoever, the KSTDC has indulged in reeling out mischievous facts (lies) to defend their actions. As far as call centre issue is concerned, the KSTDC top brass have crossed all limits of decency in administration by reeling out utter lies, without bothering about the consequences of taking such liberties with truth. 

The call centre business is a money spinner to few KSTDC officials and Neelakantappa gang. It is another matter that the KSTDC had run the call centre as a mere formality because the Taxi Services agreement with BIAL stipulated an establishment of a call centre. The Taxi drivers were forced to shell out Rs.2000 per month (that is Rs.65 per day, per vehicle) as call centre charges. A simple arithmetic puts the collection of call centre charges at Rs.10 lakhs a month, now 12 lakhs a month. 

On the contrary, the call centre never provided pick up or drop to the majority of the Taxi drivers. It served only the vehicles owned by Neelakantappa gang. In fact, Neelakantappa was the defacto boss of the call centre. The Taxi drivers resented this attitude, but they could do little. Even if they approach the call centre for trips, their requests were forwarded to Neelakantappa gang and only after their clearance, the Taxi drivers would get the trips and that too once or twice in a month. 

Last year, the Neelakantappa gang had decided to take over the call centre. They had clinched a deal with the then MD. The gang wanted to emulate the example of KSTDC by making big money without investing a single rupee. They had an understanding with Vikas global company to run the call centre and share the revenue with them. Later they convinced the MD of the profitability of the arrangement who gave a go ahead to a tripartite agreement for running the call centre. 

In January this year, a tripartite agreement was executed between the KSTDC, Bangalore Airport KSTDC Taxi Drivers Welfare Association and the Vikas Global solutions for running the call centre. This implies that the bogus association is a partner with the Vikas Solutions. As per the agreement executed on 06-01-2012, the call centre would be run by Vikas Globals in partnership with Neelakantappa association; the association has to collect the call centre charges at Rs 65/- per day per vehicle for the first six months. The charges would be increased to Rs 100/- per day per vehicle after six months. Interestingly, out of the Rs 100/- collected, the association will have to pay Rs 60/- to the KSTDC and Rs 40/- to the Vikas Global! This implies that it is the association which has to collect the call centre charges from the driver and pay the KSTDC and the Vikas Global. This further means that at Rs. 100/- per day that is Rs 3000/- per month, the total of call centre collection charges will be 18 lakhs and KSTDC will get 10.80 lakhs and the Vikas 7.20 lakhs per month. 

Considering the looting nature of Neelakantappa gang, one can expect the gang managing 50% of the amount paid to Vikas Globals. It is the Neelakantappa gang which has chosen Vikas and not the KSTDC after following the Transparency Act. It is just that Neelakantappa gang zeroed on Vikas Globals and made a partnership offer of sharing 50:50. For the first six months that is from 06-01-2012, the entire collections have gone to the Vikas (also Neelakantappa gang). The collections during the first six months were 72 lakhs at 12 lakhs per month! 

What more, not a single pie was credited to the association by the gang. Allegedly, the share of the gang was more than 60 percent in the first six months. It can be seen from the agreement that Vikas globals will be entitled to Rs 40/- per day per vehicle as its share, with effect from 01-06-2012. Arguably, the company will be content with Rs 20/-, as it has to share other Rs 20 with the Neelakantappa gang. So, one can very well put the collection of the gang in the first six months at 17.55 lakhs. It is another matter that the gang used to collect the call centre charges through the receipts of their bogus association. 

And now for the machinations of the KSTDC. The agreement was signed by the MD Sundar Naik on behalf of KSTDC, K.Prabhakara Reddy, the President of the bogus association, on behalf of the association and Venkatachalapathi for Vikas Globals. In the agreement, it is clearly mentioned that “Bangalore Airport KSTDC Taxi Drivers welfare Association” is a registered association and recognised by the KSTDC! 

How did the KSTDC come to know that the association is registered? The hard fact is that the association is an unregistered one and does not have the registration number which is a must. The MD who is an IFS officer should have at least asked the association to submit by laws and registration certificate so that it can be recognised! And the ground reality is that this bogus association has not conducted general body meetings, audited the accounts and held elections since 2002. 

In fact, after the series of exposures by ‘TBMR’, the Taxi drivers who were treated like bonded labourers by Neelakantappa gang, revolted against the gang. To show that the association is genuine, Neelakantappa gang called a general body of the association on 26-05-2012. When TBMR revealed that the association is a bogus one, the general body meeting was cancelled hours before it was to start and the gang disappeared from the scene. Still, more than 150 Taxi drivers held the general body and nominated a new set of office bearers and gave them the mandate to register the Association which they later did it under the name of “Bangalore International Airport KSTDC Taxi Drivers Welfare Association”. 

When all these developments, agreements etc are in black and white, the KSTDC in its RTI reply has shockingly mentioned that “there is no agreement between the KSTDC and the Bangalore Airport KSTDC Taxi Drivers Welfare Association”. More shockingly, the same KSTDC has given the copy of the tripartite agreement between KSTDC, Bangalore Airport KSTDC Taxi Drivers Welfare Association and Vikas Global solutions! Then, which is right and which is wrong? One should appreciate the guts and nerve of the KSTDC top brass to provide such white lies in writing? Giving false information to RTI queries is unimaginable and the KSTDC officials have blatantly done that. 

That is all!

Firoz.T.Totanawala The Bangalore Metro Reporter THE EXPOSURES BY ARVIND KEJRIWAL! ACCUSING AND EXPOSING EVERYONE, WHAT DOES KEJRIWAL WANT?

By Firoz.T.Totanawala

The Bangalore Metro Reporter

THE EXPOSURES BY ARVIND KEJRIWAL! 

 ACCUSING AND EXPOSING EVERYONE, WHAT DOES KEJRIWAL WANT? 

Arvind Kejriwal and group has now targeted the Reliance Company. The Kejriwal group which styles itself as civil society and India Against Corruption has charged both Congress and BJP being in the pocket of Mukesh Ambani. There will be many more exposures on politicians, political parties and Industrialists. Interestingly Kejriwal group have hitherto spared the bureaucracy which plays a major if not decisive role in corrupting the system. Till now, the Kejriwal group, an off shoot of Anna Hazare’s Jan Lokpal movement, has defamed everyone including the judiciary. What do they achieve by demeaning and defaming everything and everybody? 

 Nobody can take any objection to fight Corruption. Rather, it is every citizen's duty and they have a right to honest and efficient administration. But one can definitely take strong exception to a group of politically ambitious people, who, on the pretext of fighting corruption, are damning and defaming everything and everybody including the democratic institutions. There is all the danger of people losing faith in the democratic qualities of the country! 

 Last year, Anna Hazare, a little known social worker suddenly occupied the center stage in national politics, for his demand for his version of Jan Lokpal Bill to fight the corruption. He was joined by few retired bureaucrats, well known advocates and some NGOs who styled themselves as the sole representative of the Civil Society named their movement as India Against Corruption. With modern and hi-tech communications spiritedly backed by the media, the IAC gained support among the educated in urban areas. The government too buckled under adverse publicity and Anna's fast. But, the Jan Lokpal Bill remained a dream as the Anna team remained stubborn in their demand of implementing only their version of the Jan Lokpal Bill. 

However, as days passed, people realized that Anna Team has other designs and political ambitions. The movement lost its steam particularly after Anna declared that he will campaign against Congress party in the next elections and Kejriwal himself campaigned in Hissar by-election in Haryana. The media too distanced itself from them. 

Finally, Kejriwal group showed their true colours by declaring that they will be floating a political party. They are now busy in preparing ground work for the launch of the party in a few days, even though Anna has not shown interest in their political plan. The Kejriwal group’s new slogan is “I am ordinary man and I want Jan Lokpal Bill”. And as run up to the launching of the political party, Kejriwal group has started the build up and grabbing headlines. In fact Kejriwal group wants to project itself as the “only surviving honest people/politicians and the rest are all corrupt and despicable”. 

Kejriwal group started to target the leading players in the Indian politics. First it targeted the UPA Chairperson Sonia Gandhi by accusing her son-in-law Robert Vadra of amassing huge wealth in a very short time through questionable means. The Congress panicked and its leaders including Central Ministers vied with one another to defend Vadra. Kejriwal group let the matter rest there. 

Few days later, Kejriwal group targeted Central Law Minister Salman Khurshid accusing him of swallowing lakhs, granted from Uttar Pradesh government towards his family trust helping physically challenged. Salman Khurshid strongly rebutted the charges and threatened to sue Kejriwal. And the matter rests there. 

A week later, Kejriwal group targeted the BJP National President Nitin Gadkari by accusing him of dubious deals in his business empire. The charges were taken seriously by the media as Gadkari, the BJP president is all set for second term as president with the RSS backing. 

The other day, Kejriwal group targeted Mukesh Ambani of Reliance corporate group and accused him of controlling the government especially the petroleum ministry. The group made serious allegation of Mukesh Ambani blackmailing the government by under production of gas, to force the government to hike the procurement price of natural gas by 300 percent! The group also accused both NDA and UPA of promoting the interests of Reliance and Mukesh Ambani. They also accused Prime Minister Manmohan Singh for replacing Petroleum Minister Jaipal Reddy for having issued a notice for levying a penalty of 7000 crores to the Reliance. They accused the Prime Minister for replacing with Jaipal Reddy with Veerappa Moily only with a view to help Mukesh Ambani. 

Whatsoever, what do Kejriwal and company want to achieve by hurling charges against their targets? Interestingly Kejriwal group does not want to take the scams to its logical end. They do not want to approach the courts for probe. They simply want to expose and earn free publicity or perhaps derive political mileage out of it for their political career. 

This attitude is a very dangerous trend. If the Kejriwal group continues their hit and run attitude by defaming everything that people hold as hope, it will have disastrous effect on body politic. People will lose faith in every political leader, political parties and other democratic institutions. What more they may even suspect Kejriwal group also as they too have become politicians. 

It is time Kejriwal group realises that hit and run attitude towards corruption does not pay any political dividends. They have to realise that mere hurling corruption charges will do no good. They have to prove the charges to gain respectability and credibility. They must not only expose, but, also proceed to get the wrong deeds examined by the appropriate authorities and the criminals penalized. If they do so, then they will be doing a yeoman service to the nation by weeding out corrupt elements from body politic and corporate sector. But the question is, will they do it? 

That is all!

Firoz.T.Totanawala The Bangalore Metro Reporter THE DIRTY NICE! LOKAYUKTA COURT’S BLOW TO NICE, PROJECT UNDER PROBE!

By Firoz.T.Totanawala

The Bangalore Metro Reporter

THE DIRTY NICE!  

LOKAYUKTA COURT’S BLOW TO NICE, PROJECT UNDER PROBE! 

The Lokayukta Judge N.K.Sudhindra Rao has dealt a severe blow to the edifice of the multibillion 'Nice Road' frauds by ordering probe by Lokayukta police. The Judge has directed the Lokayukta police to probe the role of 'Powerful' politicians which include among others, former PM HD Deve Gowda to the former CMs S.M.Krishna, B.S.Yeddyurappa to the bureaucrats concerned. Considering the present situation in the Lokayukta, one can dare say that it cannot provide justice to the probe. Only the CBI, which has the necessary infrastructure and competent investigators, can do Justice to the probe. 

The Lokayukta Judge N.K.Sudhindra Rao has ordered the Lokayukta ADGP to probe the NICE Scam and the role played by prominent politicians and top level bureaucrats. The Judge also ordered the government to seize the toll fee collected and also to resume 7000 acres of excess lands grabbed by the NICE Company. Obviously, Ashok Kheni the architect of the 'NICE scam' will take the matter up to Supreme Court, but indeed, it is for the first time that the NICE Project itself has come under the police probe. 

The story started in 1983 when Deve Gowda was the PWD Minister during R.K.Hegde’s regime. Deve Gowda, proposed a separate straight and broad road which would be safe and also reduce the Bangalore-Mysore distance considerably. First, the leading businessman and liquor baron Khodays were given the task and though capable enough, yet; somehow, the project was dropped for reasons unknown even to this day. 

Then, in 1995; the then CM Deve Gowda revived the proposal and proposed an exclusive Express Corridor Road between Bangalore and Mysore with 8 lanes. The concrete road was planned to minimise the wear and tear of the vehicles. According to the proposal, the land required for the Corridor Road was about 6000 acres. To make the project viable, there was the proposal to allow the contractor to build township, commercial malls, at five different places adjoining the Corridor Road and collect toll fees for 30 years. For the lands to the townships etc, it was put at 11000 acres. At the end of the 30 years period the contractor has to hand over the toll road to the government and also 40% of the lands given for Township etc along with buildings. 

A Global tender was floated and Baba Kalyani group which led the consortium of a couple of European companies bagged the contract. In 1996, a Frame Work Agreement (FWA) was entered between the government and the Baba Kalyani led consortium. As per the agreement, the government lands needed for the project was to be leased to the company at the rate of Rs 10 per acre per year for 30 years. With regard to the private lands, the company had to purchase it directly from the farmers by paying market rates. There was also the stipulation of providing jobs to the dependent family who sell their lands and providing basic infrastructure to the villages. After this FWA, Deve Gowda became the PM and moved to national politics. 

JH Patel, who succeeded Deve Gowda as the CM, changed the project scenario completely, allegedly, on the advice of B.S.Patil, a senior IAS Officer, who later became the Chief Secretary. The extent of lands to be given was increased by another three thousand acres and the government took over the responsibility of acquiring the lands on behalf of the company. KIADB was entrusted with the land acquisition from land owners and fixing the compensation. Without any rhyme or reason, the contractor company that is Baba Kalyani group gave way to Ashok Kheni's NICE Company. Ashok Kheni was working in USA and is related to Baba Kalyani. 

The NICE Company had to deposit the land acquisition cost to the KIADB which was around 10 to 12 crores. Further, it had to deposit the compensation amount with the KIADB for disbursement to the land owners. For the government lands, the government would have easily leased it to the company with a mere government order. 

Interestingly, without the NICE Company paying a single rupee towards acquisition charges, the KIADB initiated the acquisition proceedings. The company later paid a part of the acquisition cost during SM Krishna regime and that too after obtaining a loan of Rs. 150 crores from ICICI Bank. 

It was roses all the way for Kheni. All along, he did not spend a single pie towards the project. In fact, he had no money to spend. Finally, with the government providing surety, he managed to obtain a huge loan of Rs. 150 crores, from the ICICI Bank. Even though the government had not handed over lands to the company, Kheni got the loan by pledging the lands and even the yet to be started project! 

It is during this time, unimaginable fraud had taken place. As per the FWA, the government was to lease its lands for the project for 30 years at Rs 10 per acre per year! But Kheni got the word 'lease' changed to 'sale'! What more, he got stamp duty exemption also. And wonder of wonders, the land requirement was increased to 23 thousand acres in place of original 17000 acres! The PWD Minister Dharam Singh inaugurated the construction of the Road. Even though Kheni had to build Corridor Road between Bangalore and Mysore along with another link road from Tumkur Road to Hosur Road, he concentrated on building only the link road. He chose to acquire whatever land he fancied around the link road in Bengaluru fixing the compensation at Rs 6 lakhs per acre! The KIADB officiated as his servant and not a government agency. 

In the meanwhile, hundreds of farmers have questioned the acquisition of their lands by Kheni. The High Court quashed the NICE Project itself, but, the Supreme Court gave an order directing the government to provide all assistance asked by Kheni for the NICE project. Kheni with the help of legal luminaries got Judgments in his favour and armed with the SC Judgement, he has been arm twisting the government. 

Apparently, he has built only the link road and even though he can collect the toll fee only after the Bangalore-Mysore Road is completed, he has started collecting abnormal toll fee which is the highest in the country. It is only during Kumaraswamy’s regime as the CM that Kheni came to some trouble. Kumaraswamy even went to the extent of scrapping the NICE Project itself and decided to entrust the project on a Swiss Challenge method, where the successful company will utilize only the required land and collect the toll after completing the project in a time bound manner. But Yedurappa, the then Deputy CM boycotted the cabinet meeting itself along with other BJP Ministers! 

 Whatsoever, the NICE fraud is the culmination of the unholy nexus between Kheni, politicians and bureaucrats. Except Deve Gowda and his JD(S), no political party or leaders have opposed the NICE fraud. Since the last two years, Deve Gowda is fighting the fraud as a one man army. Kheni, who was penniless when the Baba Kalyani group bagged the project, is now worth thousands of crores today by selling lands acquired for NICE project. He has procured hundreds of acres of land all along the link road and made crores and crores by selling them making astronomical profits. In addition, his daily toll collection exceeds Rs. 50 lakhs that is 180 crores per year. He is also treating the Link Road as his private property and has decorated it with hundreds of his life size posters-flex etc. 

At long last, the Lokayukta Judge N.K.Sudhindra Rao has ordered the probe into the fraud, seizure of the toll collection during the last two years and resuming about 7000 acres of excess lands procured by Kheni in the name of the project. 

At last, a Daniel has come to Judgement! But, on the contrary, while the Lokayukta itself is headless, not much is expected from it. Rather, the CBI which has all the infrastructure and competency is much suitable to probe such intense and high magnitude NICE fraud which runs into multibillion. 

That is all!

Firoz.T.Totanawala The Bangalore Metro Reporter THE UGLY FACE OF NICE! NICE MORTGAGED BMIC TO ICICI FOR 150 CRORES CHEATED REVENUE DEPT NICELY FOR OVER 20 CRORES

By Firoz.T.Totanawala

The Bangalore Metro Reporter

THE UGLY FACE OF NICE! 

 NICE MORTGAGED BMIC TO ICICI FOR 150 CRORES CHEATED REVENUE DEPT NICELY FOR OVER 20 CRORES 

Please refer to our TBMR 01st June, 2011 issue “NICE-LY PLAYED”. We had clearly exposed on how Mr. Ashok Kheny, the MD of Nandi Infrastructure Corridor Enterprises (NICE) Company had cheated in the much hyped BMIC project. 

Of course, Kheny had no money at his disposal even to pay 0.001 percent of the project cost, yet managed to bag the project and raised a Bank loan of Rs. 150 crores. Not only that, but, he shockingly cheated the State Government in paying the Stamp duty to the tune of Rs. 20 crores.

Ashok Kheni, when bagged the prestigious BMIC project, propagated himself as a billionaire to be capable of completing the BMIC project by spending hundreds of crores from his own pocket. But the hard reality is quite contrary to this image. 

Ashok Kheni, actually, did not have money even to deposit the acquisition cost to the KIADB. In fact when the MoU for the BMIC project was signed when HD Deve Gowda was the Chief Minister; the KIADB was made the nodal authority to initiate acquisition process, take the possession of the lands after paying compensation and hand over the same to NICE Company for laying the roads. 

NICE on its part had to bear the cost of acquisition process, the cost of the lands acquired and pay an initial amount of Rs. 5 crores to the KIADB towards notification of lands. NICE was duty bound to pay the land costs to the KIADB demands and get the possession of the acquired lands. 

But, after the MoU was signed, NICE had no money to pay KIADB, even the cost of notification. Shockingly, KIADB itself spent money from its pockets and issued Notifications in stages. For almost two years, the NICE Company did not pay the cost of the acquisition and when the KIADB threatened to stop the notification process, the NICE paid just a crore! 

By 2002 October, the KIADB had acquired about 2000 acres of land in Bangalore North, South and Ramanagaram Taluks. But the company did not have a single penny to pay for the compensation, let alone the cost of acquisition. As the lands were acquired at the rate of Rs 6 lakhs per acre, the company had to pay Rs 120 crores towards compensation and Rs 10 crores as acquisition cost. 

With no money at the disposal, the NICE Company began scouting for huge loan to meet the immediate requirement of the compensation to the land owners. The KIADB also had no money to bear the compensation amount to land owners and it had already incurred huge expenditure towards notification etc. Finally, the ICICI Bank agreed to provide a loan of Rs. 150 Crores to NICE towards BMIC project, but, the Bank put severe conditions to NICE to avail the loan. As per the humiliating conditions laid down by the ICICI Bank, the company had to mortgage the entire lands acquired so far, also the project and also demanded power of attorney on the lands from the company. Thus, the terms and covenant of the Mortgage Deed bearing No: 11113/2002-03 convey absolute rights over the lands mortgaged to the ICICI Bank as per the rules pertaining to transfer of titles under sec 46 (A) of the Karnataka Stamp Act and empowers the Lender to take full control of the lands and to have and hold possession of the same effective from the day of execution of the Deed. 

Besides, a Sale Deed camouflaged as a mortgage deed was registered on 27.11.2002 bearing no.11113/2002-03. As per the rules, the company had to pay the stamp duty on the deed as per conveyance at 13.5%. The deed registered was an out and out sale deed camouflaged as a mortgage deed and the Sub Registrar was pressurized into registering the deed. It had no option but to register the mortgage deed and it did so. 

Further, Ashok Kheni who registered the mortgage deed paid only Rs. 6 lakhs as Stamp Duty. The deed gives complete right and power over the company and the project including power of attorney and right to step in and take over the lands and the projects of NICE to the ICICI Bank. Most shockingly, though the KIADB had not yet handed over the possession of 1931 acres of land it had acquired in North, South and Ramanagaram Taluks to the NICE Company, Ashok Kheni already mortgaged these lands for raising the loan of Rs 150 Crores and paid a part of it to the KIADB. The lands were actually acquired from across different taluks and handed over to NICE only during the period from the last quarter of 2005 until the first quarter of 2008. But, NICE had executed a Mortgage Deed in favour of the ICICI Bank for Rs. 150 Cr (Rupees One Hundred and fifty crores) on 27.11.2002, much prior to receiving physical delivery of the lands by the company. 

Furthermore, Ashok Kheni paid only Rs 6.10 lakhs towards Stamp Duty and another Rs 2.10 lakhs as Registration fee. The Stamp Duty applicable for such a transaction as per the Article 34(a) of the Karnataka Stamp Duty Act of 1957, shall be on par with the Article 20 (1) of the Act, which was at 10 per cent of the consideration amount mentioned in the transaction plus other applicable fees. Apparently, the Stamp duty payable would come to more than Rs. 20 crores including the registration fees. Thus, NICE has NICELY cheated the Government a sum exceeding Rs.20 Crs! 

The Government is duty bound to collect the stamp duty and registration fee of Rs. 23 Crores from the NICE company under sec 46 (A) of the stamp Act. It is time that the Government takes stern action against the company for recovery of the deficit stamp duty and registration fee of more than Rs. 20 crores! 

This incidence clearly explains that if Ashok Kheni was a billionaire and had billions at his disposal, then, why did he not deposit the acquisition cost and compensation amount to KIADB? Why did he raise a loan of Rs. 150 crores from ICICI with humiliating terms and that too against mortgaging the yet to be delivered 1931 acres of land to the ICICI Bank? 

One can imagine the financial position of Kheny by the fact that he had no money to pay Rs.10 crores to the KIADB to take up land acquisition works. How one can imagine a person who had no money to pay even the cost of land acquisition which is only 0.001 percent of the project cost, to execute the project? 

That is all! 

LANDS MORTGAGED TO ICICI FOR 150 CRORES 

 Bangalore North Taluk ------205 Acres 25Guntas 

Bangalore South Taluk-------1152 Acres 3Guntas 

Ramangaram Taluk ----------573 Acres 12Guntas 

                   Total---------------1931 Acres