DKS lands in denotification soup

Lokayukta police chargesheet Congress leader; Yeddyurappas name dropped

The Lokayukta police on Thursday filed a preliminary charge sheet against D K Shivakumar, Congress leader and MLA from Kanakapura, holding him responsible for purchasing notified land and converting it for residential purpose.

They also charged him with later getting the land denotified during former chief minister B S Yeddyurappa’s tenure.

 Two private complaints had been filed by T J Abraham and Kabbalegowda in the Special Lokayukta Court concerning the same instance of denotification of land. Judge N K Sudhindra Rao adjourned the matter to July 3.

According to the charge sheet submitted by the investigating officer Deputy Superintendent of Police D Palakshaiah, besides Shivakumar, the then Special DC Dr Ramegowda, senior sub-registrar Hameed Ali, retired tahsildar Hanumanth, retired revenue inspector K S Chandrashe-karaiah, village accountant Doddahanumaiah and original land owner B K Srinivas have been charged with committing irregularities in the conversion and denotification of land.
Srinivas died in 2004.

Though the complaint had also named Yeddyurappa as one of the accused, his name has been dropped from the charge sheet, as the police did not find evidence that he had ordered the denotification of land with an intent to misuse power. No charges have been brought against MLC Lehar Singh either, who had been named in the complaint as accused.

Shivakumar has been found guilty of buying notified land in 2003 at Benniganahalli, getting it registered after bringing pressure on the sub-registrar and obtaining a khata for the land by influencing officials of the Revenue Department within two days. He also had it converted for residential purpose  by the Special DC and then entering into a joint agreement with Purvankara Builders.

He has been held responsible for committing offences under Section 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act and Section 120(b) and 169 of the Indian Penal Code.

At the time of conversion of land and the agreement with Purvankara Builders, Shivakumar was Minister for Urban Development.

Probe continues

Lokayukta Superintendent of Police, P K Shivashankar, said the investigations based on the complaint were continuing and a supplementary charge sheet could be filed later.

The private complaints also describe irregularities in the five housing societies of Jayanagar, Shanthinagar, Bhavani, Vyalikaval and National Technological Institutions (NTI), which are still under investigation by the police.

According to the complaint filed by Abraham, Shivakumar had purchased 5.11 acres of land on Survey No 50/2 in Benniganahalli, off Old Madras Road, on December 18, 2003, from B K Srinivas.

But the land had been notified in 1986 for the formation of East of NGEF Layout. Of the 5.11 acres, a total of 4.2 acres  of agricultural land were converted for industrial use in 1942, and the conversion certificate was issued by the tahsildar in 1962.

On February 17, 2004, Shivakumar made a formal representation to the Special Deputy Commissioner (Bangalore district) seeking conversion of 4.1 acres for residential purpose and 0.1 acre for developing a park. The then Special DC, Ramegowda, gave the nod with the condition that the land should be denotified by the BDA.

Shivakumar also entered into a joint development agreement with the builders for the construction of an apartment complex, even before the land was denotified. The total guidance value of the apartment complex is estimated to be Rs 79.22 crore.

The land was eventually denotified on May 13, 2010, by the then chief minister Yeddyurappa.

The complaint states that the denotification was made in the name of Srinivas, the original land owner.

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