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.
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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.
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