Firoz.T.Totanawala
The Bangalore Metro Reporter
NICE-LY PLAYED
NICE Mortgaged BMIC to ICICI for 150 Crores
CHEATED REVENUE DEPT NICELY FOR OVER 20 CRORES
LANDS MORTGAGED TO ICICI FOR 150 CRORES
Bangalore North Taluk ------205 Acres 25Guntas
Bangalore South Taluk-------1152Acres 3Guntas
Ramangaram Taluk ----------573 Acres 12Guntas
Total---------------1931 Acres
Ashok Kheni, the MD of Nandi Infrastructure Corridor Enterprises (NICE) Company when bagged the prestigious BMIC project, propagated himself as a billionaire and also managed the Media to carry a front line story on his filthy wealth. This was mere an eye wash to tell the world that he was 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 and the cost of the lands acquired. It was also required to 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 was not in a position to pay even the cost of notification to the KIADB. Shockingly, KIADB itself spent money from its pockets and issued Notifications to the lands which were issued 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 coughed up just a crore! It did not pay the full cost and kept on egging the KIADB officials to hasten the process.
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, the proper Stamp Duty payable for this document would come to more than Rs. 20 crores including registration fees.
But Ashok Kheni paid only Rs 6 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.
Ignoring the well laid down and prescribed rules of the Karnataka Stamp Duty Act of 1957 Schedule, NICE paid a mere Rs. 6,10,000/- (Rupees six lakhs ten thousands only) plus the fee amounting to Rs. 2,10,000/- (Rupees two lakhs ten thousands only). Interestingly, the same was accepted and honoured by the then Sub-Registrar as well, whereas, as per the then prevailing rules, NICE was liable to pay a sum not less than Rs. 18 Cr for such a transaction.
Even if the Sub Registrar had faulted in not collecting the proper stamp duty, the Revenue Department, which was aware of the conveyance, should have intervened and stepped in to collect the deficit duties payable to it immediately thereafter. But, unfortunately, no action has been taken by anyone about the same till date. 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 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?
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