VB Report [ Complete Report; without Annexures ]: To be verified
- SCANNED Report into Parts: A. CoverPage.Colour.pdf [A.CoverPage.Colour.]
- B.BackPage.Colour.pdf [B.BackPage.Colour ].
- C.Preface.Index.13 Chapters.Anns14.TotalPages 217.pdf [C.Preface.Index ] .
- D.Intro,Ch.1,2partPgs01-07.pdf [ .Intro,Ch1,2part,] .
- E.Chapter-2 [Read ] .
- 03.Cha03.Tillpages22.pdf [03.Cha03.Tillpages22 ]. .
- CHAPTER-4,5,6Part.Pages.23-40.pdf [CHAPTERs-04.05.06part ] . .
- CHAPTERs-6&7.Pgs.pdf [06.CHAPTER-6 ].
- CHAPTER-8.pdf. [08.CHAPTER-8.pages18 ] .
- Chapters 11, 12 & Ann-‘A‘ [ 11.12.Ann-A: .Chpters11.12.Ann.-1 ].
- Anns-Pages-99 to 142.pdf [ 13.Anns-Pages-99 to 142 ]
- Anns-143 to 178.pdf [ 14.Anns-143 to 178 ]
- Anns-179 to 205.pdf [ 15.Anns-179 to 205 ]
Page 52, at 6; ‘Unreliability of Information from BDA’: Judicial Emp HBCS must have left 404 C.A. Sites; while BDA quotes CA sites under BDA in private Layouts as 1031. At page 53: The most notorious example of this violation is that of Karnataka Judicial Employees Cooperative Society where 404 CA sites should have been relinquished but not one has been handed over by Society …..  Abdication Responsibility by BDA under the Town & Country Planning Act: Pages 57 to 62: Paras 11; dealing with Jud Emp HBCS para 12 : dealing with Minister Katta Subramanya Naidu lands on Mysore Road: BDA passed Resolution in 2003 approving layout in Seven Acres , forming 112 Plots. Later as Minister failed to follow Terms of Resolution; BDA cancelled its Resolution in 2005. Later BDA gave directions to BBMP, not to open Khatas of 112 formed in Seven Acres of Minister’s lands.  Recommendations: What BDA must do: at pages 60 to 62.  At page 70: Govt lands within Bangalore district is as much as 1,50,000 acres. Of which about 24,000 Acres valued at Rs. 40,000 Crores is under encroachment as per JLC report.  Auctioning of Govt Land: at page 74: The Interesting Case of one bidder Yousuff Shariff in Five names [ Mostly the Minister Karunakar Reddy’s Agent ] : At para 22 of Page 78: Total extent of Govt land auctioned in Bangalore from 2005 to 2009 is 643 acres for Rs. 540 Crores. Of this auction 283 Acres for Rs. 280 Crores have been confirmed in favor of Yousuff Shariff , who is GPA holder for Five Companies  Chapter 13; at page 90 of Book: Recommendations: 12 Lakh Acres, how to recover..permanent Leg. Comittee, Prosecution of Encrochers & Public Officials Abetting the Offence as provided under Law at page 95-96.  Ann. -1 at [page 97-98] Total extent of Karnataka Govt land, Extent under encroachment – District wise, .. Total Ext of encroachment is 11, 07,187 Acres.  Ann-2: [pages 99 to 101: KPLB creation on 19 Sept, 2009; , context, purpose & duties, including implimenting JLC Report & to initiate Criminal prosecution.  at Annexure-7: Provosions of Law under various Acts: BDA Act, Prevention of Dangerous Activities Act ‘Slum Grabbers’, KUD Authority Act, 1987, Public Premises (Eviction of unauthorized occupants) Act, IPC Sec 463, 466, 468, 469, , Cr.P.C Sec 133, 192, 193, Karnataka Land Revenue Act 1964 Sec 94, 94-A, 192-A, 192-B, 192-C, 192-D,
GREED AND CONNIVANCE :
CHAIRMAN’S REPORT. BANGALORE JUNE 2011
TASK FORCE FOR RECOVERY OF PUBLIC LAND AND ITS PROTECTION
GREED AND CONNIVANCE
BANGALORE JUNE 2011
TABLE OF CONTENTS
Chapter 1 Introduction 1 – 5
Chapter 2 Methodology of Work by the Task Force 6 – 7
Chapter 3 Some Glaring Cases of Encroachment 8 – 18
Chapter 4 Forest Encroachments 19 – 21
Chapter 5 Encroachments of Lakes and Water Bodies 22 – 33
Chapter 6 Collusion of Government Officials and Elected
Public Officials in Land Grabbing 34 – 42
Chapter 7 Bangalore Development Authority 43 – 53
Chapter 8 Need for Improved Arrangements to Defend
Land Encroachment Cases 54 – 58
Chapter 9 Need for City Survey in Bangalore and
Other Cities 59 – 62
Chapter 10 Auctioning of Government Lands 65 – 68
Chapter 11 Karnataka Land Grabbing (Prohibition) Bill 69 – 71
Chapter 12 Conclusion 72 – 75
Chapter 13 Recommendations 76 – 81
Annexure 1 Districtwise encroachments Annexure 2 Govt. Order on Task Force Annexure 3 Complaints receivedd District-wise Annexure 4 Attendance in Task Force Meetings Annexure 5 Task Force Meetings Annexure 6 Spot Inspections by Task Force Annexure 7 Relevant Extracts of various Acts Annexure 8 Govt letter on “Precipitous Action” Annexure 9 Holenarisipur Illegal Regularization Annexure 10 NR Pura Illegal Regularization Annexure 11 Illegal Exchange of Land by Govt. Annexure 12 Letter to DC, Raichur on his inaction Annexure 13 Letter from Regional Commnr, Gulbarga Annexure 14 Strictures passed by Hon’ble High Court
Encroachment of government and public lands belonging to statutory and local bodies is rampant in Karnataka. Especially in Bangalore Urban and Bangalore Rural districts, due to the high value of lands, large areas of government land like gomal, gunduthope, tank-beds, parks and civic amenities sites have been extensively encroached upon and converted into building sites and buildings have come up illegally. Therefore, the Karnataka Legislature had constituted a Joint Legislature Committee in July 2005 for Bangalore Urban District under the Chairmanship of Shri AT Ramaswamy to enquire into the matter and suggest solutions to prevent future encroachments. The JLC made detailed enquiries and submitted two Reports to the Legislature. After the dissolution of the Karnataka Legislative Assembly in 2007 no action was taken to implement the recommendations of the JLC.
In July 2009, after discussions in the Legislature on the same issue of encroachments, Government constituted the Task Force for Recovery and Protection of Public Lands in September 2009 with the jurisdiction of the entire State of Karnataka including all the government lands and lands belonging to the statutory and local bodies. The Task Force has no legal powers but has acted through the Heads of Departments, Deputy Commissioners and Chief Executive Officers of statutory and local bodies who have been empowered under various Acts for removal of encroachments.
In the past 20 months, the Task Force has been instrumental in identifying about 12 lakh acres as under encroachment and for the removal of about 47,000 acres. This is hardly 4% of the total area identified.
The Task Force has brought to the notice of Officers of all departments and statutory and local bodies the relevant judgements of the High Courts and the Supreme Court and have urged them to take action as per law and as directed by the Courts.
The identification and removal of encroachment of public lands is a mammoth task. It requires a commitment of Government and all its officers, especially by the Departments of Forest and Revenue, if any worthwhile result is to be obtained. A Task Force without any legal powers and no control over the Departments will not be able to do this work effectively as explained in this Report. The bringing into force the Karnataka Land Grabbing (Prohibition) Act which is pending for President’s assent since four years will, to a large extent, be able to recover these lands through the Special Court proposed. However, this is pending for over four years now without any initiative being taken to bring it into force.
Essentially, the Task Force has strongly recommended the formation of a permanent Joint Legislature Committee on the lines of the Public Accounts Committee, SC/ST Welfare Committee, Assurances Committee, etc. with the
Karnataka Public Lands Corporation as its Secretariat which alone will be able to bring about the much needed effective supervision over the Departments and Statutory Bodies in protecting the public lands.
This Report could not have been prepared but for the immense contribution by Shri M.R.Hegde, Member-Law, Shri G.N.Nayak, Special Officer of KPLC, Shri R.S.Basappa, Special Deputy Commissioner, Enforcement Cell and General Manager of KPLC, Shri A.L.Pujar, Head of Legal Cell of the KPLC and all the staff. All the Deputy Commissioners in the State and Heads of Departments have cooperated with the Task Force and have given valuable information. My thanks are also due to the Member-Secretary of the Task Force during the tenure of the Task Force namely, Ms.V.Manjula IAS, Shri MA Sadiq IAS, Dr.S.M.Jaamdar IAS, Shri Jayaramaraje Urs IAS, and currently Shri A.K.Monnappa IAS.
BANGALORE V.BALASUBRAMANIAN 30-6-2011 CHAIRMAN, TASK FORCE FOR RECOVERY
AND PROTECTION OF GOVERNMENT LANDS
A. SOME BASIC INFORMATION.
1. The geographical area of Karnataka is 484 lakh acres of which the net area
cultivated in a normal year is 265 lakh acres on average. The extent of Government land such as gomal, gramthan, gundothope, tankbeds, burial grounds and lands under forests, animal husbandry (kaval), education, agriculture, sericulture, Muzrai, Wakf Board, etc. as shown in Survey Department and other records is 109 lakh acres which is about 22.5% of total geographical area and 41% of net cultivated area. Such large area originally under government was because of the concept of grazing land at the rate of 30 acres per 100 heads of cattle, with 6 goat and sheep counting as equivalent of one head of cattle. According to the 2007 Livestock census, the cattle population in the State was 105 lakhs and the sheep population 95 lakhs and goats 61 lakhs. Hence, the requirement of grazing land for these animals is about 40 lakh acres. Besides, the then Mysore State Government reserved large extent of land for development of cattle (kaval) under the control of the Animal Husbandry Department. There are also about 38,000 lakes and tanks, the original tank beds (kere angala) being under the control of the Revenue Department. The Mysore State also had large areas of gunduthopes (fruit orchards and village wooded areas) as Commons under government control. At present the area under forests (Reserve Forests, District and other notified forests (kiru aranya, etc.) is 78 lakh acres or about 16% of the geographical area. [Source: Karnataka at a Glance 2008-2009 published by the Directorate of Economics and Statistics, Bangalore.]
2. Of the land nominally under government , the area under encroachment as reported by officers of the Revenue Department, Forest Department and other Departments and statutory bodies is 11.07 lakh acres or about 10% of the total government land. This is obviously an under-reporting because, for instance, the Belgaum Division consisting of seven districts is reporting an encroachment of only 49,800 acres and the Gulbarga Division reports 125,000 acres under Revenue Department’s jurisdiction while the Mysore Division has 447,352 acres and Bangalore Division 301,708 acres. As the Belgaum and Gulbarga divisions are larger in area and cattle-heads, the community lands under the Revenue Department should be proportionately higher and so also the encroachment. By a conservative projection the total encroachment of all government lands would be in the range of 12 to 15 lakhs of acres. This will amount to about 12 to 15% of the total extent of government lands.
3. For Bangalore Urban District consisting of the five taluks of Bangalore North, Bangalore North Additional, Bangalore East, Bangalore South and Anekal taluks, some detailed figures are available according to which the total government land including forests is 130,000 acres the classification being:
Gomal and Waste (kharab and beelu) – 88,355 acres Tank bed (kere angala) – 26,468 “ Roads, Raja kaluves, waste weirs – 3,246 “ Graveyards (Smashana) – 599 “ Forests – 8,486 “ Others, including statutory & local bodies – 3,000 “ (approx.)
TOTAL 130,154 “
Of this area, the encroachments reported to the Joint Legislature Committee in 2006 was 27,336 acres or 21% valued conservatively even at Rs.1.5 crore per acre on average, costing Rs.40,000 crores.
4. The extent of government lands in the State under major departments and
the encroachment district-wise is shown in Annexure 1.
B. JOINT LEGISLATURE COMMITTEE
5. From being a pensioners’ paradise, Bangalore has become an urban sprawl
and infrastructure nightmare since the 1990s. The Newsweek magazine called it a Boom City in the early 1990s. It has now a population of 8.5 million in an expanded area of 776 square kilometres compared to its original 125 km2 three decades ago and 250 km2 till 2006. Bangalore has been growing at a compound rate of 4.9% annually for the past two decades and there is no sign of this growth rate coming down. In 1941 it was the 16th largest city in India with a population of 4.11 lakhs. In 2011 it is the fifth largest city with a population of 85 lakhs. Due to its still salubrious climate and comparatively better law and order, most affluent and middle class Indians, from all over India have come to Bangalore, built residential houses and commercial properties making it a cosmopolitan city. As a result, the property value in Bangalore is next only to Mumbai and Delhi.
6. This scramble for land has resulted, especially during the past twenty years,
encroachments on government and public land and land grabbing by powerful builders and land Mafia with active involvement of persons in power – in politics, administration and real estate. Alarmed at the vanishing public spaces and land-grabbing, there were heated discussions in the Karnataka Legislature in March 2006 and the Hon’ble Speaker of the House, constituted a Joint Committee of the Legislature (JLC) in June 2006 with 17 members belonging to all parties to go into the details of the problem such as the magnitude of land grabbing in Bangalore Urban District, the nature and extent of encroachments, names of encroachers and land-grabbers and solutions to resume the land and measures to prevent future encroachments. Shri AT Ramaswamy, MLA, was appointed as the JLC’s Chairman and V.Balasubramanian IAS, Retired Additional Chief Secretary as the JLC’s Adviser.
7. The Committee during its tenure of 18 months received 1,101 complaints, held 40 meetings, visited 90 spots of encroachments on 20 days, conducted over 200 Internal Review Meetings and submitted two Reports, on 1 February 2007 and 26 July 2007, to the Legislature. All the complaints were registered, acknowledged and enquired into. Twenty Eight Departments and Statutory Bodies were summoned before the JLC who explained the cases referred to them. Also, the Adviser to the Committee, the Secretary for Parliamentary Affairs and Legislation and the Principal Secretary to the Revenue Department visited Hyderabad to study the functioning of the Special Court established under the Andhra Pradesh Land Grabbing (Prohibition) Act, the manner of preventing encroachments by the Hyderabad Urban Development Authority (HUDA) and the Municipal Corporation of Hyderabad (MCH). As a result, the Karnataka Land Grabbing (Prohibition) Bill 2007 was prepared and was passed by the Karnataka Legislature unanimously. Besides, the Revenue Department also piloted a legislation incorporating an addendum to the Karnataka Land Revenue Act to make land grabbing and its abettors liable for imprisonment and fine vide Section 192 A to the Act.
8. Under the JLC’s directions, the Deputy Commissioner of Bangalore Urban District consisting of five taluks and the other Heads of Departments and Statutory Bodies such as the BDA, BBMP, KHB, etc. identified 27,336 acres encroached by 33,812 persons valued at about Rs.40,000 crores (which was the size of Karnataka’s annual Budget) at a guidance value of Rs.1.5 crores per acre which is itself an under-valuation.
9. In its second Report, the JLC concluded as follows:
“ PROTECTION TO THE GUILTY DUE TO THE INACTIVE ADMINISTRATION:
The instances narrated in this Report clearly show that the land-grabbers carry on their illegal activities with the help of fake documents concocted by the officials. These illegal activities of evil design are well-planned and executed by the land-grabbers resulting in huge loss to the public. It is a shame that Government have failed to use its powers to prosecute these criminals. The Committee has not come across a single instance in which the Government have proceeded against the land-grabbers. All that has been done is taking action against some poor and small encroachers. Because of the inaction of the Government to let go the crooked land-grabbers, real estate agents and their daring abettors, ordinary citizens have come to lose faith in government and administration. It is therefore the considered opinion of this Committee that it is absolutely essential for Government to take stringent action against land- grabbers and their abettors as narrated above.
In the Sovereign Democratic Republic created by the Constitution in independent India, lofty principles such as Rule of Law, Equality before Law, Due Process,
Majesty of Law, Dignity of Courts, Inalienable Fundamental Rights, Directive Principles, etc. are enshrined. But, if it appears to the common man, who experiences harassment, torment and injustice in his daily life at the hands of the privileged few belonging to the Establishment, that while all persons are said to be equal before law, but in reality some are much more equal than others to whom the law will apply only partially if at all, then, the weighty principles of law and justice of which we are justly proud of will abort all of their pregnant meaning and will become mere words scratched on flowing water.
Therefore wherever the guilt of the encroachers and their abettors are proved, Government should take stringent action. “ [Page 69]
C. CONSTITUTION OF TASK FORCE FOR REMOVAL OF
ENCROACHMENT AND PROTECTION OF GOVERNMENT LANDS.
10. After the dissolution of the Legislative Assembly and the termination
of the JLC, during the President’s Rule in 2008 there was no progress in the recovery of public lands from encroachment nor any review of the action taken by the different departments and organizations of the Government to implement the recommendations of the JLC. There was also no Government Order issued directing the concerned departments to implement the recommendations of the JLC.
11. After the elections in 2008 when the new Government was formed also
there was no progress nor any review of public land encroachment matters. However, a government company namely, the Karnataka Public Lands Corporation (KPLC) was incorporated with Rs.5 crores of paid-up share capital in December 2008. Its main objective is to protect the government lands recovered from encroachment. But the legal power to remove the encroachments vests with the various government functionaries such as in the Revenue, Forests, Animal Husbandry, etc. departments and CEOs of statutory bodies. In Bangalore Urban District an Enforcement Cell was created in the year 2006 which, along with a Special Police Task Force assists the KPLC in so far as Bangalore Urban district is concerned where encroachments are rampant due to the high land value.
12. Hence, during July 2009 there was again discussion in the Karnataka
Legislature regarding the land encroachment matters and the Hon’ble Chief Minister assured the Houses on 27 and 28 July 2009 that to implement the recommendations of the JLC not only in the Bangalore Urban District but in the entire Karnataka State, a TASK FORCE will be constituted under the Chairmanship V.Balasubramanian IAS (Retired). Accordingly the Task Force was constituted vide G.O.No.RD 556 LGB 2009 dated 19-9-2009 as shown below:
1. V.Balasubramanian, IAS Retd. – Chairman 2. Additional Chief Secretary to Govt. – Member 3. Principal Secretary, Revenue Dept – do 4. Principal Secretary, Urban Dev. Dept – do 5. Principal Secretary, Finance Dept – do 6. Principal Secretary, Forest Dept – do 7. Principal Secretary, E-Governance – do 8. Commissioner, BBMP – do 9. Commissioner, BDA – do 10. Commissioner, BMRDA – do 11. Commissioner, Survey and Settlement – do 12. Inspector General of Stamps & Registration do 13. Addl.DGP, Law and Order – do 14. Regional Commissioner, Bangalore. – do 15. CEO, Lake Development Authority – do 16. Shri MR Hegde, Retired Law Secretary – do 17. Managing Director, K.Public Lands Corpn. – Member-Secretary
Further, Government included the Regional Commissioners of Mysore, Belgaum and Gulbarga regions as members vide G.O.No.RD 500/LGB/2010 dated 3-8-2010.
13. The Task Force is not a Committee to make recommendations. As per terms of the Government Order, it is the duty of the Task Force to give directions to the various departments and statutory bodies to take suitable action to remove encroachments, to coordinate with government departments all such action and advise government. Also, the jurisdiction of the Task Force is all the districts and statutory bodies and Boards in the state. The G.O. containing all the duties and responsibilities is shown in RD 556/LGB/2009 dated 19-9-2009 in Annexure 2.
METHODOLOGY OF WORK BY THE TASK FORCE
A. PROCEDURE OF ATTENDING TO COMPLAINTS.
1. The Task Force is not clothed with any direct legal powers nor is it
constituted under any legislation. Hence, it has to discharge its responsibilities through the various government departments and officers such as Regional Commissioners, Deputy Commissioners etc. of the Revenue Department and Heads of Departments and Chief Executives of Statutory Bodies and Boards. The only full-time members of the Task Force are the Chairman and Member- Legal Adviser besides the Managing Director of Karnataka Public Lands Corporation and Secretary of Revenue Department who is the Member- Secretary of the Task Force.
2. In October 2009, the Task Force issued public notices in the newspapers
having wide circulation in the state inviting complaints from the public regarding encroachments either in writing, telephone calls, emails or personal appearances. It was also made clear that the complainants need not necessarily give their names and anonymous complaints would also be enquired into. As a result, by the end of May 2011, the complaints received and registered in the Complaints Register stood at 1,508. All these complaints have been computerized and wherever the complainant has given the address, acknowledgments have been sent. Simultaneously, the complaints were sent to the concerned Deputy Commissioners, Tahsildars, Departmental heads in the districts and the CEOs of Municipal bodies and other statutory bodies. On receipt of replies from them, they were examined and if encroachments had been removed, a copy of the reply was sent to the complainant for his information and satisfaction. In a few cases the complainants have informed that the encroachments have continued inspite of the reply to the contrary in which case, the file is not closed but again sent to the officer concerned to attend to the complaint till closure. District-wise information of complaints received, replies received, replies accepted and replies pending are given in Annexure 3.
B. REVIEW MEETINGS AND SPOT INSPECTIONS
3. Task Force meetings were held on the following dates during which the work done by the Task Force and matters pending with different offices including at Government level were discussed. These meetings were attended by the Members of the Task Force in person or by their representatives. A statement showing the attendance by members in each meeting is given in Annexure 4.