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 1991and, 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.