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Editor:
Nagaraja.M.R.. Vol.15..Issue.05........03 / 02 / 2019
PIL – BMIC by
NICE - Prosecute Government of Karnataka
An Appeal to all Honourable
Judges of Supreme Court of India
IN THE SUPREME COURT OF INDIA ORIGINAL
JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2018
IN THE MATTER OF
NAGARAJA . M.R
editor , DALIT ONLINE ,
# LIG 2 , No 761 ,, HUDCO First Stage ,
Laxmikantanagar ,
Hebbal , Mysuru – 570017 , Karnataka State
....Petitioner
Versus
Government of Karnataka
& Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 &
ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE
OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
All Honourable Judges of Supreme Court of
India.
The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts
of the case:
In conjunction with a
1995 Trade Mission to India sponsored by the then Governor of
Massachusetts, William Weld, a
memorandum of understanding was signed by Consortium members, Indian officials,
including then Karnataka Chief Minister, H.D.Deve Gowda, and U.S. officials,
which set the stage for launching the Bangalore Mysore Infrastructure Corridor
project. The Consortium, Nandi Infrastructure Corridor Enterprises (NICE),
comprises the Kalyani Group of Companies, VHB International LTD. and SAB International
LTD. to develop the Bangalore Mysore Infrastructure Corridor.
The project has been
in controversy since the day of planning. In October 2012, the Karnataka Lokayukta ordered a probe into
several former chief ministers in matters relating to irregularities in land
acquisition for the project.[4]
It is planned to go
through Mysuru, Srirangapattana, Pandavapura, Mandya, Maddur, Channapattana, Ramanagara, Kengeriand Bengaluru
The Nandi
Infrastructure Corridor Enterprises Road, commonly known as NICE
Road and officially called Bengaluru–Mysuru Infrastructure
Corridor (BMIC), is a proposed 4 to 6 lane private tolled expressway that
intends to connect the two important cities Bengaluru and Mysuru in the Indian state of Karnataka. This is being constructed by Nandi
Infrastructure Corridor Enterprises (NICE) chaired by Ashok Kheny on a
Build-Own-Operate-Transfer (BOOT) basis.
NICE has violated many guidelines of the project agreement
and is not in a legal position to collect toll. The illegalities by
NICE are upheld by Karnataka Lokayukta , Karnataka Legislature Committee.
Still the Government of Karnataka has not referred the case to CBI
and NICE company is illegally collecting hundreds of crores of
rupees toll , etc year on year. Successive Chief Ministers of Karnataka
since 1995 are guilty of aiding criminal acts of NICE.
2. Question(s) of Law:
Is NICE above Law
?
3. Grounds:
Requests for equitable justice. Prosecution
of corrupt ministers & Corrupt
Public Servants.
4. Averment:
Hereby , I do request the honorable supreme
court of India to consider this as a PIL for : “writ of Mandamus” and to issue
instructions to the concerned public servants in the cases to perform
their duties.
PRAYER:
In the above premises, it is prayed that this
Hon'ble Court may be pleased:
a . Hereby , I do request the honorable
supreme court of India to consider this as a PIL for : “writ of Mandamus” and
to issue instructions to the concerned public servants , in the case to perform
their duties.
b. To register FIR against
CEO of NICE for cheating Government of Karnataka.
c. To constitute an impartial
investigation team to investigate the crimes by NICE & illegal
support extended to it by powers that be. The team must be accountable to the
public.
d. to protect the human rights ,
constitutional rights of advocates , petitioners who are seeking truth in the
above cases.
e. to order NICE to give
compensation amount at market value to land lossers with penal interest.
f.to order Government of
Karnataka to take back excess land illegally acquired by NICE
than the original project plan and give it back to original land
owners with penalty to be paid by NICE.
g. to initiate criminal legal prosecution
against cabinet ministers , public servants who repeatedly
gave gross deviations ( from original project plan ) to NICE
benefitting the promoters.
h. if the supreme court of india
further delays in taking action , in stopping loot of poor farmers ,
in stopping cheating of Government of Karnataka , the
presiding judges of Supreme Court of India will be indirectly aiding the
criminals. In such a case , such Judges will also become part of
criminal nexus and stands to be criminally prosecuted.
i . to pass such other orders and further
orders as may be deemed necessary on the facts and in the circumstances of the
case at the earliest.
FOR WHICH ACT OF KINDNESS, THE PETITIONER
SHALL BE DUTY BOUND, EVER PRAY.
Dated : 15th March 2018
…………………. FILED BY: NAGARAJA.M.R.
Place : Mysuru ,
India……………………. PETITIONER-IN-PERSON
₹7000 crore NICE scandal set to explode in
Karnataka
The committee has
suggested the case be handed over to the CBI or the Directorate of Enforcement,
since many VVIPs, politicians, foreign investors and entrepreneurs are
involved.
The Karnataka Legislative
Committee is all set to submit a possible ₹7000 crore bombshell
before the state legislative assembly, now that it has finished its
investigation into the Bengaluru peripheral ring road project of Nandi
Infrastructure Corridor Enterprises (NICE). The road, commonly called the NICE
road, is part of the larger Bangalore Mysore Infrastructure Corridor.
The House committee,
headed by Law Minister TB Jayachandra, was formed two years ago to probe
allegations of gross irregularities during the construction of the NICE road on
the outskirts of the city. The committee is going to submit its final report to
the government next week.
During the
investigation, the committee discovered that around 135 important files, with
regards to NICE activities, are missing and more than 30 top officials and
politicians are involved in the scandal.
Besides the
illegalities in the road construction, NICE had acquired around 553 additional
agricultural plots for the construction of townships. In the acquired land,
NICE has constructed hundreds of flats and sold them at its own discretion,
without any permission from the BDA or the BBMP - Bengaluru's municipal
authorities.
The committee has
suggested that the government hand over the case to the CBI or the Directorate
of Enforcement, since many VVIPs, politicians, foreign investors and
entrepreneurs are involved in what appears to be a giant scam.
Here are the main
points of the report:
· Why
was an additional 2813 acres of farmland allotted to NICE for its ring road
project?
· NICE
has carried out illegal quarry work in the land allotted for road construction.
· By
this illegal quarry work, NICE has unearthed 1.75 metric tons of stones.
· Out
of a total 14000 acres allotted to NICE, stamp duty was waived off for 5900
acres.
· Around
135 files and confidential documents with regard to NICE' activities have
disappeared.
· More
than 30 top officers are involved in the NICE illegalities.
· NICE
was allotted 553 additional farmland in the name of township construction.
· Instead,
apartments were constructed in the land allotted for the construction of the
township and sold to private parties.
· It
is estimated that NICE made an illegal profit to the tune of ₹ 7000 crore.
Suggestions given by
the committee:
· Confiscate
the toll charges collected since 2012.
· Collect
royalty of ₹300 crore for conducting illegal quarry work.
· Further
investigation to be handed over to the CBI or the Directorate of Enforcement.
· Cancel
the Bangalore Mysore Infrastructure Corridor Area Planning Authority (BMICP),
which allotted the Bangalore-Mysore Infrastructure Corridor to NICE.
· Government
should acquire all the additional lands that were allotted to NICE.
The
state government has decided to constitute a supervisory committee to implement
the Legislature Committee Report on Bangalore-Mysore Infrastructure Corridor
(BMIC) project being carried out by Nandi Infrastructure Corridor Enterprise
(NICE).
The committee has recommended a probe by the Central Bureau of Investigation (CBI) or the Enforcement Directorate into the alleged irregularities by NICE.
The committee has recommended a probe by the Central Bureau of Investigation (CBI) or the Enforcement Directorate into the alleged irregularities by NICE.
The
committee stated, “Considering the current status of the project, amendments
and modifications to the project profile and irregularities in framework of
agreement management, there is an urgent need to institute an enquiry fixing
accountability and also for taking remedial measures.” The 391-page report was
tabled in the House during the recent Belagavi session of the state
legislature. The 11-member committee was headed by Law and Parliamentary
Affairs Minister T B Jayachandra. The committee has found violations of 24 out
of 30 guidelines laid down in the original framework of the agreement entered
between the state government and NICE.
Based
on the survey, the House committee recommended dropping of 1,160 acres of both
private and government land from the project. It also said land meant for inter
change connectivity has been misused by the company, thereby earning an illegal
revenue of `4,956 crore.
ILLEGALITIES IN
BANGALORE-MYSORE EXPRESSWAY PROJECT BMIC by NICE
Different political
parties are trading charges against each other about illegalities in the
mysore-bangalore expressway project. Grave mistakes have been committed by the
previous state governments. The saving grace is judiciary has taken note of it.
The fundamental principle behind land acquisitions by the governments is to use
that acquired lands for public welfare. As the govt acquires the land with this
noble intentions even the land looser contents himself with compensation at
govt rate. Always the govt rate is much below market value. If at all the govt
wants to give out that acquired land to a private party for private use or for
the use of a selected few, the govt must give prevailing market rate to the
land looser. In such cases the govt does not have authority to force the land
owner to sell his property.
In this mysore-bangalore
4 lane expressway project, following inconsistencies are there,
1. this road
is not for free public use, but only for those who pays the toll fees.
2. The
luxurious resorts , townships , etc which are to be built alongside this road
are not open for free public usage but only for the rich who can afford it.
3. The govt
has concluded this deal in a hush-hush manner.
4. Any
disputes raised by this project should be addressed to international arbiter at
london which a poor land owner or general public can ill-afford.
5. The govt
has not paid the prevailing market value to the land loosers.
6. The govt
has not given the option to land owners not to sell their property.
7.
This whole project is for rich , built by the rich for the rich & not meant
for public welfare.
The govt must give back
the lands to the owners who wants it back & must pay the market value to
those willing to sell. As this project is built by wealthy people for wealthy
people why cann't they cough- up market value?
Editorial : BMIC by
NICE & land scams in Karnataka – an appeal to honourable
supreme court of India & H.E.Honourable Governor Of Karnataka
When a crime is noticed
, it is the duty of the government to investigate who did it ? and to legally
prosecute them in court & provide justice . if thousands of criminals
, lakhs of criminals got together & did the same type of crimes , all
of them must be legally prosecuted. Just for the overwhelming numbers of
criminals law of the land cann't be changed. However in the Karnataka
state , many political bigwigs , rich crooks have done the same crime , LAND
GRABBING – illegal possession of government land & illegal constructions
over it. Important land records of those government lands , lands belonging to
poor are lost in record rooms of civic bodies ( cunningly destroyed by corrupt
officials ) Now, their political masters are legalizing the crimes . what a
shame to the government of Karnataka ?
The shri.A.T. RAMA
SWAMY , (M.L.A) standing committee in the Previous legislative assembly
probed the land grabbings in Karnataka & gave it's report to the
government . However the government in a hurry , is auctioning – off
those government lands without proper publicity to the auction
process , sufficient time for bidder's expression of interest. In some cases ,
a pittance is levied as penalty for the illegal occupation to get it legalized.
The government is not bothered about legally prosecuting the illegal
occupier of those lands. In many civic bodies , important property
documents belonging to the government & poor are missing from the
record rooms. All these point towards the government intention , to legalise
the crimes of illegal land occupiers who are nothing but their own
political cronies.
The recent ordinance
by government of Karnataka to regularize land deals is envisaging to legalize
the crimes of rich. The illegal land conversions , land encroachments ,
encroachment of civic amenities made by the rich are being legalized with levying
a pittance as penalty in the name of public welfare . Whereas the land worth at
today's market prices are 10's of thousands of crore it is only wefare of the
rich & mighty . IT IS GOING TO BE MOTHER OF ALL SCAMS. The
authorities evict poor tribal people from their ancestral forest area in the
name of conservation , evict tribal people from villages in the name of
development without proper rehabilitation measures. The government is not
giving land rights to slum dwellers , poor , dalits over the land they are
dwelling , the government is deaf to appeals of dalits for land rights. However
the same government is sympathetic to rich who have encroached land & built
huge commercial complexes worth crores violating all norms with total disregard
to civic amenity or safety.
Questions Bangalore DC , BBMP Commissioner , BDA Commissioner
& KIADB Chairman are not answering & HIDING TRUTH ,
COVERING-UP CRIMES
http://sites.google.com/site/sosevoiceforjustice/rti---bda-bbmp-kiadb ,http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/,
Questions Mysore DC , MCC Commissioner & MUDA
Commissioner are not answering & HIDING TRUTH , COVERING-UP CRIMES
http://sites.google.com/site/sosevoiceforjustice/rti---muda-mcc , http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/, http://crimesatmudamysore.wordpress.com/
Hereby , DALIT
ONLINE urges the concerned authorities , to answer the
following questionnaire about BMIC project by NICE
Hereby , DALIT
ONLINE appeals to honourable supreme court of India , to annul the bid
process of government of Karnataka with respect to illegally occupied
government lands & to annul this ordinance of government of Karnataka
which seeks to legalize land crimes. Jai hind . vande mataram.
Your's sincerely,
Nagaraj.M.R.
Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2
No 761,
HUDCO FIRST STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017 KARNATAKA INDIA Cell : 91 8970318202
WhatsApp 91 8970318202
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