Builder took Metro for a ride: report

Last Updated 02 September 2011, 19:46 IST

An inquiry conducted by the BBMP based on the complaints by local residents, MLA and corporators, reveals that the MoU, which BMRCL and Mantri Developers subsidiary Hamara Shelters have entered into, is illegal. The report has also recommended cancellation of building plan, stopping the work with immediate effect and initiating a criminal action against the builder and officers of NTC.

The inquiry report, which former mayor P R Ramesh extracted under RTI, strongly recommends cancellation of Khatha given to BMRCL for an area of some odd-20,400 sq. mtrs on June 15, 2010. It charges NTC of selling the land to Hamara Shelters, without having a title to the property.

The agreement

The BMRCL has entered into an agreement with the Mantri Group for 99 years on a Build-Operate-Transfer (BOT) basis. Under the MoU, the builder will part with his 5.04 acres of the 18 acres and 27 guntas of land behind Mantri Mall to the BMRCL for the construction of building. It would construct the Metro station and hand it over to Namma Metro only after 99 years.

The inquiry report says that the 5 acres and four guntas of land on which Swastik Metro Rail Station is coming up on belongs to Hamara Shelters, a subsidiary of Mantri Developers. The reality, however, is that at least two acres of land out of 5.04 acres belong to the Indian Railways, Bruhat Bangalore Mahanagara Palike (BBMP) and the state government.

The report further goes into the details of the claims over a land of 18.27 acres in possession of Hamara Shelters, of which the BMRCL wants five acres and four guntas to construct Swastik Station behind Mantri Mall. The inquiry shows that out of 18.27 acres of land, Mantri Developers possess only 9 acres and 23 guntas of land. It says there was a road spread in two acres and 31 guntas in the village map as well as the revenue survey map, which has to be deducted.

The claimed land also includes an acre and 27 guntas of land in Hanumanthapura village and Ketumaranahalli, which belongs to the Railways. Further, 35 guntas of land in Hanumanthapura (Sy No. 3593/1) is actually part of Jakkaraya Lake.

There is another 32 guntas of government land in the south and west. Of the remaining 14 acres and 21 guntas of land, ownership on four acres and 38 guntas land has not been given. This way the developer actually possesses nine acres and 23 guntas.

The report says that out of the claimed 18 acres and 27.5 guntas of land, the builder has got Khatha on 17 acres and 23 guntas. “Going by the survey department report, Khatha given for four acres and 38 Guntas of land should be cancelled,” the report said.

The BBMP report recommends stern action against its revenue officers in Gandhinagar sub-division for preparing a forged khatha document for Mantri Developers. The officers nailed in the report are assistant revenue officer Lakshmamma, Chikkanna, revenue officer Muniappa and Manjunath, deputy commissioner Lingaraju and revenue inspector B N Dayanand.

The report also says that the three acres land that Hamara Shelters gave to the Palike for a road in return for TDR does not belong to the builder.

When contacted, N Sivasailam, Managing Director, BMRCL said: “We received a notice from the BBMP Joint Commissioner only on 29 (August 29), which I haven’t gone through. We were asked to submit our replies by September 2, but as the Joint Commissioner was not available in the office, we could not submit it today (Sept. 2). We will submit it tomorrow (Sept 3). Our legal department is dealing with it. ”

Suvendu Biswas, the PRO of the Railways said: “We have leased a portion of land directly to the BMRCL, but we have not given any part of land to any in­dividual to sell it.”

Former mayor P R Ramesh was critical. “I strongly feel that the BMRCL did not seek any legal opinion before hastily entering into an agreement with Hamara Shelters, a subsidiary of Mantri Developers.”

(Published 02 September 2011, 19:11 IST)

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