BY. FIROZ.T.TOTANAWALA
THE BANGALORE METRO REPORTER
WHO WILL BELL THE CAT?
IS CHIEF MINISTER’S SON ABOVE LAW? WILL BDA PROSECUTE HIM?
The Land allotment scam that shook the B.S.Yedurappa’s Government forced him to instruct his family members to surrender the allotted lands to them. His eldest son B.Y.Raghavendra who is a Shimoga MP, also surrendered his prime site measuring 50ft x 80ft allotted to him in the posh locality of Sadashivnagar area of Bangalore.
THE CHEATING
In the year 2009, Raghavendra, reportedly gave a false affidavit to the BDA, stating that he does not own any property in the city limits, in order to get a “stray site” of BDA allotted to him. The Chief Minister B.S.Yedurappa then made the allotment to his son; a 50 ft by 80 ft plot in the posh RMV II stage (survey number 25/2 of Nagashettyhalli). Raghavendra at that time already owned half an acre of land at K.R.Puram registered on his name in 2006. The BDA plot was allotted under the chief minister’s discretionary ‘G’ quota, meant for people who achieve eminence in their respective fields but do not own residential property.
THE CHARITY
Later due to immense public outcry after Yeddyurappa was accused of nepotism for allotting BDA sites worth crores of rupees for a peanut amount to Raghavendra, his sister B S Premamma, and two other close relatives in prime localities of Bangalore, the Chief Minister instructed his relatives to surrender the allotted lands.
THE LAW
According to the rule, it is mandatory for the applicant to submit an affidavit swearing that he or she does not own any agriculture, commercial or residential property in Bangalore metropolitan area limits to the BDA, before the allotment of site.
It should be noted that the affidavit is a legal document that must be true for its relevance in a legal case. A false affidavit becomes irrelevant to the case and also may result in proceeding of legal action against its submitter.
Swearing to false facts on the affidavit is an offence punishable under Section 177 of the Indian Penal Code. According to the law, the guilty may attract imprisonment for a period up to six months or a penalty of Rs 1,000 or both. Besides, the BDA rules also state that if any applicant gets allotment of the site by filing a false affidavit, the site allotted should be withdrawn and the amount paid by the applicant shall also be forfeited.
Para 4 of the affidavit for applicants clearly states that “If the information I have furnished in the declaration is found wrong, the BDA can withdraw the site allotted to me without offering me compensation.”
FORGET THE LAW
However, the authorities have openly sidelined the law in the case of Chief Minister’s son. The BDA accepted the letters to take the back the possession of the sites and refunded the deposits. A cheque for Rs Nine lakhs was returned to Raghavendra for his 50X80 sq ft site in RMV extension.
OTHER CHARITIES BY THE CM
Other lands allotted to the relatives of the Yedurappa that were returned back includes-
A two-acre prime industrial plot at Jigani Industrial Estate was surrendered by Raghavendra and his brother Vijayendra.
Yedurappa’s daughter Umadevi returned to KIADB, two acres of industrial land allotted to her Candor Company near Harohalli and another two acres of land near Harohalli allotted to Ficom Engineering owned by Umadevi.
Fluid Power Technology Company also surrendered the two acres of land allotted to it. Mr Vijayendra and Mr Raghavendra are on the board of directors of the company.
Yeddyurappa’s sister and her son and daughter-in-law too surrendered two residential plots at Chandra Layout in Bangalore west.
Similarly, B.S. Premamma, Raghavendra’s sister, surrendered a 50X80 sq. ft plot in HSR Layout. Mr Yeddyurappa’s nephew S.C. Ashok who owned a 40X60 sq. feet plot in Chandra Layout and Mr Yeddyurappa daughter, Umadevi, who had a site near Sadashiva Nagar, have also returned the sites.
ALLOTMENT RULE
Allotment of stray sites of BDA is indeed a big deal. Everybody wants to get a share in these allotments. Many MLA’s, MP’s, Ministers, their personal assistants, drivers, cooks and peons, journalists etc., come in the queue to grab a share in these allotments.
However, the BDA stray sites according to the rule book must be allotted as under-
30% to people in public life as directed by the Government.
15% to sportspersons with special achievements.
10% to people with special achievements in arts, science and literature.
5% each to military and ex-military personnel, dependents of State Government servants who died during service & freedom fighters.
30% to be auctioned.
WILL THE LAW PREVAIL?
In the present instance relating to Mr. Raghavendra, the BDA is yet to take a call on prosecuting him.
Now the question that still remains is whether the mere surrendering of the allotted sites is good enough reason to close the chapter? Definitely not, the case of Raghavendra submitting a false affidavit to the Bangalore Development Authority (BDA) and also the BDA refunding him his amount on return of his allotted land is a serious crime. But, Raghavendra is the son of the Chief Minister, will the BDA prosecute him?.....
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