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THE DC ORDER IN RESPECT OF APOLLO HOSPITALS BENGALURU IS “ILLEGAL” “REVOKE IT”

 
 
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THE DC ORDER IN RESPECT OF APOLLO HOSPITALS BENGALURU IS “ILLEGAL” “REVOKE IT”
by System Administrator - Thursday, 8 October 2015, 2:48 AM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru : Let the KPLC and DC and state government and others stop dirty politics with Appollo hospitals which are life lines of the citizens of Indiaand they are serving the nation..Apollo Hospitals Bangaluru is a unit of Imperial Cancer Hospital Research Centre Limited and this is listed in Government of Karnataka website at http://blood.kar.nic.in/Blooddetails.aspx?Avil=RAneg.The KPCL report is based on wrong premise and incorrect assumption and presumptions and it is contradicting land grant rules. Question of land grabbing does not arise as "Imperial Cancer Hospital and Research Centre'' it purchased the land in question by paying upset price of land from Government so granted or land value then prevailing in 1991 by paying the land value of the property then in 1991 after the grant order by DC and it was not given free or at subsidized price .The land grant was made by Government and DC order under land grant rules prevailing then and Government and DC order are title documents of the property in question and they are exempted from registrationand paying any stamp duty on it . Bengaluru DC is under cloud as DC himself has violated land grant rules in cancelling the valid grant. Clause iv of the grant permits after 15 years anybody can alienate or dispose or divert the land use for any other purpose for after a period of 15 (fifteen) yearsas per rules. Land was granted in 1991 and Imperial Cancer Hospital Research Centre Limited legally permitted to alienate or dispose or divert the land use for any other purpose after a period of 15 (fifteen) years as per rules in 2005 -06 and DC cannot question this after this date . In so far as the Government grant order issued in 1991 under the grant rules is concerned, there was a prohibition on alienation for a period of 15 years irrespective of the question whether the grant was made at an upset price or free of cost. The construction that is to be placed on the wordings embodied in the Rules is that the prohibition on alienation commences from the date of the grant and extends to a period of 15 years thereafter only. Admittedly in all these cases the grant of lands took place after 1991 and, at that time which is relevant, in my opinion, for the purpose of determination of the question with which we are confronted, the Mysore Land Revenue Rules were in force and it would be necessary to examine the meaning and effect of the relevant provision of law. The relevant provision is to be found in Rule 43-A(3) of the Mysore Land Revenue Rules which reads as follows: "Every grant of land under Sub-rule (1) shall be subject to the conditions:- (i) where the grant is made free of cost, that the land granted shall not be alienated for a period of fifteen years from the date of the grant; or (ii) where the grant is made for an upset price, that the land granted shall not be alienated for a period of ten years from the date of the grant; .Once the land is granted as per rules it cannot be withdrawn on whims and fancies of vested interests. Special Deputy Commissioner Bangalore urban district cares two hoots to the land grant rules. Do not kill the reputation of international fame doctors .Imperial Cancer Hospital and Research Centre'' became absolute owner of the property after 15 years of allotment in 2005-06 as per the DC grant order in 1991 clause (iv ) .The DC cancelling the land after 24 years of allotment (allotment was made in 1991) for change of land use by grantee by letter number LND(S) cr/201/2007/08 dated 25-03-2015 is illegal unethical and violation of Human rights in respect of "Imperial Cancer Hospital and Research Centre''. The DC should review his own order as he has committed blunder and apparent error and mistake and revoke it immediately before DC gets flak from HKHC .The Government DC AC THASILDAR AND KPCL have no rights under grant rules to cancel the allotments after 15 years of allotment to any grantee for change in land use and change of use .Change in land use is governed by BDA in planning area and DC is divested of its power as per several court orders..Government of Karnataka granted Five acres in survey number 154/11 was allotted to Dr Nisar Syed "Imperial Cancer Hospital and Research Centre'' at Rs two lakh per acre in 1991 as per Government order and then followed up by DC order in 1991 itself and it has constructed huge hospital and running it since several years. My opinion is that there is no violation of the condition imposed against alienation for a period of ten years or fifteen years. Computing the period from the date of the grant, it has to be held that in all these cases, alleged alienation has taken place after the expiry of the period of ten or fifteen years of grant . Wherefore question of violation of land grant rules in case of Imperial Cancer Hospital Research Centre Limited or Apollo Hospital does not arise and DC order LND(S) CR/201/2007/08 dated 25-03-2015 is illegal and capricious and need to be revoked forth with.

The DC cancelling the land after 24 years of allotment (allotment was made in 1991) for change of land use and reported alienation by grantee by letter number LND(S) cr/201/2007/08 dated 25-03-2015 based on report of "GoKVBalaTaskForceReport" FROM POINT 24 TO 30 in chapter 3 pages 15 to 18 is illegal unethical and violation of Human rights in respect of "Imperial Cancer Hospital and Research Centre''. The DC should review his own order as he has committed blunder and apparent error and revoke it immediately before DC gets flak from HKHC .The Government DC AC THASILDAR AND KPLC have no rights under grant rules to cancel the allotments after 15 years of allotment to any grantee for change in land use and change of use .Change in land is governed by BDA in planning area and DC is divested of its power as per several court orders. Reputedly Initial delay in construction was caused due to multiple court proceedings and it does not violate grant rules. Government of Karnataka granted Five acres in survey number 154/11 was allotted to Dr Nisar Syed of "Imperial Cancer Hospital and Research Centre'' at Rs two lakh per acre in 1991 as per Government order and then followed up by DC order in 1991 itself. As per land grant rules and the conditions enumerated in GO and DC order "Imperial Cancer Hospital and Research Centre'' became absolute owner of the property after 15 years of allotment in 2005-06 .The clause (iv ) of the DC allotment letter clearly specifies"that the land so granted shall not be alienated or disposed or divert the land use for any other purpose for a period of 15 (fifteen) yearsas per rules. Wherefore "Imperial Cancer Hospital and Research Centre'' became absolute owner of the property after 15 years of allotment in 2005-06.It has liberty too change the name or change the land use or change the ownership also and bring in”Appollo " as partner with subscription agreement for share holding is not violation of grant conditions. It was allotted for "Imperial Cancer Hospital and Research Centre'' and other objectives listed including other related fields of medical sciences making the purpose of hospital as multispecialty hospital including cancer in Government order. And huge "Imperial Cancer Hospital and Research Centre'' with multi specialty hospital is functioning with huge investments from his doctors friends including Dr Pratahp Reddy "Apollo hospital” and it has taken all statutory approvals from state and central government to run the hospital .The "Imperial Cancer Hospital and Research Centre'' has submitted letters and documents many time to The Government DC AC THASILDAR AND KPCL but they did not read the documents and without application of mind issued illegal orders.It is requested to revoke the order LND(S) cr/201/2007/08 dated 25-03-2015 and remove the board put before the hospital as it is insult to rule of law and nation and insult to sincere doctors who are working in "Imperial Cancer Hospital and Research Centre'' in partnership with "Apollo hospital”.I humbly request on behalf of citizens of Bangalore and India allow hospital to run peacefully as they absolute owners of the land building and are doing yeoman medical service to nation and are in medical tourisms business earning foreign exchange to the nationalso as India is gaining by their expertise andBangalore should be proud of its main hospitals and also getting the benefits of their services .

The KPLC report is based on wrong premise presumption and assumption and report suppress facts of land grant rules .This report is factually not correct and it is defamatory .The report makes fun of international famous doctor that without verifying facts from US government as they are Americans of Indian Origin .Doctor has not begged for land ,.the land was allotted on a price and cost of land was paid as it is paid to any other doctor who has come to establish hospital in India .If foreign investors are treated this way nobody will come to invest in India. The KPCL report presumed that "The land was granted to Syed on the condition that it would not be used for any other purpose, transferred or divided whereas the grants terms were in Clause iv of the grant permits after 15 years anybody can alienated or disposed or divert the land use for any other purpose for a period of 15 (fifteen) yearsas per rules.. Why KPCL is worried about todays market value of the land is about Rs 44 cr a 440 fold increase as per the report as everybody in Bangalore is reaping the benefits of land prices.. Dealay in construction was due to muyltiple disputes in courts and not for any other reasons. The building was built by "Imperial Cancer Hospital and Research Centre'' and not by Apollo as claimed by KPCL. An agreement was signed between Apollo Hospital Enterprises and Imperial Hospital in December, 2005 to run a hospital. CEO at Apollo Hospital, Bannerghatta road, says that Apollo Hospital is a unit of Imperial Hospital. The CEO reportedly also said that the cancer hospital functioning and Apollo Hospital is managing it and that it specializes only in cancer treatment. Reportedly CEO says, "Dr Syed is a promoter and Director of Imperial Cancer Hospital & Research Centre Pvt Ltd. Apollo Hospitals has invested in the equity share capital of Imperial Cancer Hospital. Imperial Hospital used this association to offer treatment in other specialties."

V Balasubramanian, author of the report, committed blunders and wrote defamatory report without verifying about Dr Nisar Syed for this he may face defamation case for distorting facts and presenting a wrong picture though it was not a land grab .The company 'Imperial Hospital and Research Centre Private Ltd' was incorporated in 1990. An audit done for this company by Vinay and Keshava Auditors, Malleswaram, for the year 2005-06 mentions the company as located in the Bannerghatta road plot and says that the company is yet to start its commercial operations it does not mean that hospital was not ready . Nothing wrong in Dr Syed applying for grant of another 2 acre 32 gunta of land adjoining Hospital, in 2007 as it isfastest growing hospital in India and managed by best brains in India .