By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: BDA committed blunder in allotment of R&R site No 1198 and 1199in S.No42Dukanhalli Villlage Kasba Hobli HAL 2ndStage Bangalore as alternative sites to in lieu of their land in another survey number not owned by them. In the similar way BDA committed blunder in allotment of R&Rsite 3070 in Banshankari to Smt LeelavatahammasGPA Holder illegally allotted as alternative sites to in lieu of revenue site in site number 3070 in Banshankari. Salarpuria Properties Private Limited are alleged owners site number 1198 and 1199 which is in S No 42 Dukanhalli Villlage Kasba Hobli as per BDA Resolution which was Reconveyed on land to land basis in lieu of S.No 1/1 of Gavipuram Guttahalli to Smt Lakshmi Devi Ramanna as per BDA Resolution which is illegal as land to land basis allotment in re-convey canno made as Alternate site cannot be allotted in re-convey section. The word "re-convey” appearing in S 38C presupposes that the person to whom the allotment is made should be an erstwhile owner whose land has been acquired and in which the site to be re-conveyed has been formed.ILR 2001 KAR 1727 LV Hoslappa Vs BDA . In the similar way Smt LeelavatahammasGPA Holder was illegally allotted as alternative sites to in lieu of revenue site in site number 3070 in Banshankari which is due to be re-conveyed to original owner as per section as Section 38C . The word "reconvey” appearing in S 38C presupposes that the person to whom the allotment is made should be an erstwhile owner whose land has been acquired and in which the site to be re-conveyed has been formed.ILR 2001 KAR 1727 LV Hoslappa Vs BDA .In view of high court orders no alternate site can be allotted in Re-Convey section. So it is requested to cancel sale deed executed by BDA in favour of Lakshmi Devi Ramanna in respect ofSite No 1198 and 1199in S.No42Dukanhalli Villlage Kasba Hobli HAL 2ndStage Bangalore as she was not eligible for alternate allotment as she was not the owner ofS.No42Dukanhalli Villlage Kasba Hobli HAL 2ndStage Bangalore and as she was owner ofS.No 1/1 of Gavipuram Guttahalli and BDA cannot give alternate land in re-convey as Section 38C provides for reconveyance in favour of the original owner by passing of a resolution by the Board. In the similar way BDA need to cancel illegal allotment of R&Rsite 3070 in Banshankari to Smt LeelavatahammasGPA Holder.
Leader of the Opposition in the Assembly Jagadish Shettar Alleging that such a scam was going on with the knowledge of BDA top officials , he demanded that BDA commissioner Sham Bhat be suspended from service and a CBI probe ordered to identify the culprits. BDA Commissioner Sham Bhat said a single-man committee headed by retired IAS officer Shahsidhar had been constituted to conduct an inquiry into the allegations of violation of norms related to allotment of alternative sites.The committee had recommended withdrawal of allotment of alternative sites where the norms had been violated, especially with respect to Mr. Hanumathappa. The committee had submitted its report to the government and the BDA was waiting for instructions from the government for further action, he noted.A day after Opposition's allegations, the ruling Congress on Saturday claimed that the Bangalore Development Authority (BDA) allotted alternate sites to developers and industrialists during the tenure of previous BJP government. Congress leader and MLC V.S. Ugrappa said that alternate sites were allotted to Shanta Industries and Hanumanthe Gowda, a developer, when D.V. Sadananda Gowda was the Chief Minister. Nearly 80 acres acquired for Kempe Gowda Layout was denotified during the BJP regime, he said The Congress leader said Leader of the Opposition in the Assembly Jagadish Shettar have been making false charges against Chief Minister Siddaramaiah to defame the government. Neither Mr. Siddaramaiah nor his sons were involved in the allotment of alternate sites to Shanta Industries in Bengaluru, he told reporters here..
Till today nothing happened despite CM orders. Violation of order of chief minister order is reported in respect of alternative sites. Reportedly Pointing at the violation of Mr. Siddaramaiah's order, Mr. Rajanna reportedly said that, through the Chief Minister issued order against allotting alternative siteson July 11, 2013 BDA allotted six sites on the same evening and issued possession certificates on July 13. This reporter found that In another casepossession certificates on 12-08-2013This clearly exhibits the uncanny knack of BDA officials to circumvent the directions of the Chief Minister and shows that BDA was above government, . In his reply, Siddaramaiah said, as many as 1,293 alternative sites had been allotted by the BDA since 2008. It had allotted 201 sites under its "incentive scheme”, 165 under land for land scheme, and 1,655 persons had been allotted alternative sites for losing revenue land during the layout forming process by the BDA.The chief minister said the inquiry will bring out the truth whether there had been irregularities in the site allocations. Appropriate action would be taken based on the findings of the inquiry, he said.Reportedly The State government will cancel all sites or land allotted by the Bangalore Development Board (BDA) as compensation for private land acquired without notification since 2008.A detailed inquiry would be held into the issue and all those guilty of making these allotments would be punished, Chief Minister Siddaramaiah said in the Legislative Assembly on , July 31, 2013.He pointed out that "alternative land” had been allotted in posh areas to even General Power of Attorney holders.Replying to a calling attention notice moved by M K Somashekar, K T Rajanna and Shadakshari of Congress, Siddaramaiah said it was a big racket."It has come to the notice of the government that the BDA has illegally allotted sites/land as compensation for private land without any formal notification. Somashekar wrote to me recently about large-scale irregularities in BDA and also allotment of land in posh localities even to GPA holders. I will order an inquiry into the scam and take stringent action against all those involved in it.”He said he will ask officials to inquire about the misuse of the "incentive” scheme. "Allotment of land/sites made under this category will be cancelled without any mercy. Irregularities in revenue land scam will also be probed and all allotment in this category will be cancelled immediately,” he stated.Siddaramaiah said since 2008, as many as 3,314 sites had been allotted under the categories of 'alternative sites', 'incentive scheme', 'land to land' and 'revenue site'. Gross irregularities have happened in the formation of Visvesvaraya Layout, Kempegowda Layout, Jnanabharathi Layout and Banashankari Layout."The government would not spare anybody who have misused this schemes in connivance of officials,” he added.Earlier, Somashekar alleged that BDA has flouted all rules and regulations while giving alternative sites/land for acquisition of land without notification. "BDA officials have misused the schemes which were meant to help farmers and land owners,” he rued.Rajanna said the BDA has 'generously' given sites/land to all."The BDA has not followed guidelines and allotted sites/lands as per their whims and fancies. There were hundreds of cases where the size of land has been equal to the size of acquired land. This is strictly against the guidelines framed by BDA itself. Close circuit cameras are covered with cow dung to ensure non-recording of murky deals. The BDA has distributed sites worth over `1,000 crore since 2008,” he alleged.
I have asked PIO and Deputy Secretary -II of BDA to provide me the information and reasons under section 4(1) (a) (b) (c) (d) for delay in cancelling all alternative sites as per CM order and provide me copy ofenquiry reportandaction taken report and delay in cancelling allotment letter dated 12-08-2013 alternative site to Smt LeelavatahammasGPA Holder illegally allotted as alternative sites to in lieu of revenue site ?.This information and reasons need to be provided to me as per Guide on RTIto Information Act 2005 published by the Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training (available here :http://rti.gov.in/RTICorner/Guideonrti.pdf) on page 12 and Para 9, following is stated: Providing Reasons for Decisions: The public authorities take various administrative and quasi-judicial decisions which affect the interests of certain persons. It is mandatory for the concerned public authority to provide reasons for such decisions to the affected persons. It may be done by using appropriate mode of communication .Attention is also invited towards the thread 'affected person ' under rti act.In fact, it can be said that "Affected" refers back to an action. The"Affected Persons" are the ones who are affected by that action. The reasons need to be given to affected person and copy of that can be given to me under 2 f of RTI Act. The BWSSBoffice is THE PUBLIC AUTHORITY under obligation to provide information "PUBLICLY” under section 4(1) (a) (b) (c) (d).