BBMP annuls acquisition of 40 acres of Kodiyala Karenahalli land

 Nipping in the bud a move that could have snowballed into a major controversy, the Bruhat Bangalore Mahanagara Palike (BBMP) has cancelled the acquisition of 40 acre of land outside its limits at Kodiyala Karenahalli off Ramanagara, done through Transferrable Developmental Rights (TDR).

Deccan Herald had exposed the fraudulent acquisition in a report titled ‘Middlemen strike gold in the garb of ridding garbage,’ published on March 13. BBMP Commissioner Siddaiah, on Monday, struck down the land acquisition process, and also cancelled relinquishment deeds the Palike had entered into with middlemen to acquire land from the owners through TDR.

In a missive to the government, stating that BBMP has no power and competence for issuing TDR for lands outside the Palike, Siddaiah noted: “In our anxiety to have the land in view of the garbage crisis, we seem to have missed out on jurisdictional and competence aspects of acquiring lands outside BBMP limits under TDR scheme.” He referred to the Government Order (UDD280 MNG:2011 dated March 1, 2013), saying that it too did not make things very explicit.

“We noticed that power and competence for issuing TDR for lands outside BBMP have been removed under Section 14(b) of Karnataka Town and Country Planning Act and in case BBMP desires to acquire any lands for whatever purpose or facility outside its limits, the same shall be through competent authority and in our case, Bangalore-Mysore Infrastructure Corridor Area Planning Authority (BMICAPA),” the commissioner said.

Observing that the government could rectify the errors that have crept in, although TDRs have been issued, he said, “the relinquishment deeds stand cancelled and the TDR certificate issued consequently shall be withdrawn.”

He has sought fresh direction from the State government, on whether or not the BBMP could still go ahead to acquire land through Transferrable Developmental Rights.

Garbage is gold

When the City was in the throes of garbage after the closure of all landfill sites around the City due to protests by local villagers, BBMP began looking for alternative sites.

The deputy commissioners of neighbouring districts were pressed into service to find out alternative landfill sites for BBMP. One such was  Kodiyala Karenahalli.
Although the said land was in possession of a single family, BBMP appointed ‘authorised representatives’ to acquire land for it, instead of approaching them directly. Instead of cash, it chose to pay through TDR, ignoring the fact that TDRs can be issued only within BBMP limits and not outside its jurisdiction.

Yet, there were forces compelling BBMP to acquire land through TDR, since it would have fetched about Rs 150 crore without spending anything. The strategy was that middlemen would enter into an agreement with land holders, get general power of attorney and pay them Rs 40 lakh per acre.  While landlosers would have got returns at Rs 92 per sq ft, middlemen would have earned about Rs 930 per sq ft selling TDRs to builders.

The strategy adopted by middlemen and their political bosses had the imprint of the infamous KIADB scam that landed former ministers Krishnaiah Setty, Katta Subramanya Naidu and his corporator son Katta Jagadish behind bars.