Denotification: Apex Court orders notice to BSY, Shivakumar

The Supreme Court on Tuesday issued notice to former Karnataka chief minister B S Yeddyurappa and Enery Minister D K Shivakumar in a case pertaining to denotification of land in Bengaluru.

A bench of Justices A K Sikri and Ashok Bhushan sought response from the two among others on a plea by complainant-petitioner Kabbalegowda.

The petitioner claimed the public servants abused their position for benefit of Shivakumar.

The issue relates to the denotification of 4.20 acre of land in contravention of the Karnataka (Restriction of Transfer) of Land Act, 1991. In a special leave petition, Kabbalegowda, a social worker from Ramanagaram district, has challenged the December 18, 2015, order of the High Court of Karnataka, quashing the proceedings initiated against the leaders and others. The trial court had on February 5, 2012, taken cognisance of the offences allegedly committed by the accused.

According to the complainat filed by Kabbalegowda, land measuring 5.11 acres in Bengaluru was said to have been purchased by one B K Srinivasan in 1962.

An extent of 4.20 acres was then converted from agricultural to industrial use. The land was subsequently said to have been notified for acquisition under the provisions of the Bangalore Development Authority Act.

It was alleged that Shivakumar, after assuming office as the Minister for Urban Development and with the full knowledge that the land was notified for acquisition, is said to have purchased the said land from Srinivasan, on December 18, 2003, for a sum of Rs.1.62 crore, which was in contravention of the Prevention of Corruption Act.

Subsequently, Shivakumar allegedly in 2004 converted 4.20 acres for residential purposes in collusion with officials. He was said to have entered into a joint development agreement with a firm in respect of the land. It was alleged that the accused thus used his official position as an MLA and as a leader of the Congress party to persuade the then Chief Minister Yeddyurappa to accord sanction for the withdrawal from acquisition in respect of the land on May 13, 2010.

Value grew manifold

The value of the land in question had grown manifold over the years and was then estimated at over Rs 29 crore.