Bangalore Special DC in a soup over land scam

He ignored AGs advice to take action against misuse of land

The Karnataka Government Land Preservation Task Force (KGLPTF) chairperson V Balasubramanian wrote to Chief Secretary S V Ranganath on May 9 recommending his transfer, holding Nayak responsible for the “breakdown of revenue administrative mechanism in Bangalore Urban District limits”.

The action taken by Nayak may lead to an increase in land scams hence he should be transferred immediately, Balasubramanian recommended in the letter.

Nayak’s reported failure to act as on Advocate General Ashok Harnahalli’s advice in a land controversy and his objectionable statements at a meeting convened by Revenue Department Principal Secretary Ashok C Manoli on March 4 and attended by more than 50 senior officers including the Bangalore Divisional officer and the Managing Director of the Karnataka Public Land Corporation Managing Director forced Balasubramanian to write to the Chief Secretary, sources told Deccan Herald.

The scam

A private firm, Joy Ice Cream had submitted an application to the Karnataka Industrial Areas Development Board (KIADB), requesting for government land measuring 3.23 acre in survey number 42 at Pattandur Agrahara in Bangalore East taluk.

The land was allotted to the company on March 31, 2006 at half of then prevailing market price. The company paid Rs 4.34 crore after accepting terms that it would use the land only for industrial purposes and government could take back the land if the land was used for other purposes.

The company then submitted an application to the government’s single window agency and obtained permission for acquiring 8.07 acre land including 3.23 acre to set up a software technology park.

The company dropped the idea of using the land for industrial purposes and joined with Wild Flower Estates and Resorts and sold 3.23 acre land to Prestige Estate Projects on August 30, 2006 for Rs 6.87 crore.

The Lokayukta began an inquiry after the violation of the terms came to light this year. The Lokayukta investigation team had requested the Bangalore Urban DC to submit a detailed report about the incident. The KIADB chief executive officer sought legal advice from Harnahalli on February 22, 2011. Harnahalli suggested that the process to terminate the agreement be initiated after issuing a show cause to Joy Ice Cream Company and Wild Flower Estate and Resorts. But, Nayak reportedly failed to take any of the steps suggested by the AG.

At a March 4 meeting conducted by Manoli to discuss encroachment of government lands, Balasubramanian raised the issue of land at Pattandur Agrahara survey number 42 and Nayak’s failure to take any steps.

Nayak reportedly made fun of the AG’s advice and said the special DC was the master as per Revenue Act and “need not learn lesson from any one”. He cited the Indian Constitution and reportedly claimed that regardless of the Supreme Court and High Court’s observations, the special DC could sanction land under certain circumstances.
Moreover, the government’s circulars never prevented the special DC from doing so, he claimed.

Nayak allegedly stated it was GLPTF’s responsibility to provide details about the encroachments and it was not his duty to seek details from GLPTF.

Nayak replaced H Ramanjaneya who was trapped by Lokayukta police while he was allegedly receiving bribe. After his suspension, Nayak took over the reins in December 2010.