Site surrender: BDA promptly refunds CM's son

False affidavit notwithstanding, Raghavendra goes scot-free

It has promptly refunded the money deposited by B Y Raghavendra, the MP son of Chief Minister B S Yeddyurappa towards a BDA site allegedly acquired illegally, while the rules provide for forfeiture of the amount.

Swearing to false facts on an affidavit amounts to an offence punishable under Section 177 of the Indian Penal Code (IPC). The guilty may attract imprisonment for a period which can be extended up to six months or a penalty of Rs 1,000 or both. Besides, the BDA rules state that if an applicant is found to have filed a false affidavit, the site allotted should be withdrawn and the amount paid by the applicant forfeited.

Para 4 of the prescribed affidavit for applicants says: “If the information I have furnished in the declaration is found wrong, the BDA can withdraw the site allotted to me without offering me compensation.”

However, the Authority has bent the rules in Raghavendra’s case. He surrendered the site after Yeddyurappa was accused of nepotism for allotting BDA sites worth crores of rupees in the market for a pittance to Raghavendra, his sister B S Premamma, and two other close relatives in prime localities of the State capital.

Buckling under pressure and with the Damocles’ sword hanging over his head, Yeddyurappa directed his relatives to surrender the sites.

The sites were surrendered on November 18, just before Yeddyurappa left for
New Delhi to meet the BJP central leadership to clarify on the allegations of corruption against him.

The BDA accepted the letters of surrender and refunded the deposits made to take possession of the site. The urban authority returned the cheque for Rs nine lakh (dated November 23) paid by Raghavendra for his 50X80 sq ft site in RMV extension.

As per his affidavit of assets and liabilities filed with the Election Commission while contesting the Lok Sabha election from Shimoga in 2009, Raghavendra had declared that he owned land worth Rs 50 lakh at Rachenahalli that falls under the Bangalore Metropolitan Area.

Whoever gets a BDA site has to submit in writing that they do not own agriculture, commercial or residential property in Bangalore metropolitan area limits.

An officer in the BDA said rules prescribe that those who acquire a site by filing a false affidavit will forfeit their money. But there is no clarity on what should be done in case the allottee surrenders a site on his own. Raghavendra surrendered the site owing to public criticism.