ANNEXURE-'H'

[ Page No. 47 to 52 . WP. No. 15101/ 2001 ]

BEFORE THE UPA-LOKAYUKTA MULTISTOREYED BUILDING BANGALORE-1.

Ref: Compt/UpLok/BCD:64/99-2000/AR-2[164] ; Dated: 13-07-2000.

From: Date: 31-08-2000

Secretary,

Karnataka State Judicial Department Employees House Building Co-operative Society Ltd.,
High Court Building,
BANGALORE-1.

Sub:- Allegations against Secretary/ Director, K.S.J.D.E.H B.C.S. Ltd., Bangalore.

With reference to the above subject and endorsement issued by the Addl. Registrar, Enquiry-II, Office of Lokayukta, Bangalore referring to the order made by the Hon'ble Upa-Lokayukta dated 13-07-2000. The above named secretary of the society begs to state as under:-

[1] In the endorsement issued on the order made by the Hon'ble Upa-Lokayukta, it is stated that there are several allegations made against the Management of the society but specific reference has been made tot he alleged conversion of civil amenities sites and road into sites and allotments made to outsiders. In their regard, it is submitted that the said allegations are false. No civil amenities sites in the layout of this respondent society has been created into sites and sold to outsiders. It is submitted that no site has been sold to any outsiders by the society. In this regard, it is submitted by the society that sites are allotted only to the Members including associates members who are also members as per the bylaws of the society and are eligible for the same. Only in respect of some owners whose lands were not acquired by the Government of Karnataka but only they had entered into agreement of sale without any conveyance and who have filed suits against the society questioning the right of the society in forming sites and allotting to its members, inevitably matters had to be compromised in those cases by providing some sites to them as otherwise the society had no title to the said priorities . In this regard though the Government had promised to acquire lands which were actually involved in the formation of layout along with the acquired lands, the D.C. did not issue notification to acquire and thus some of the lands in which layout has been formed was without acquiring and in order to safeguard the interest of the members who are allottees of the site in such areas, the owners were provided with some sites by entering into compromise thereby protecting the interest of the allottees by the society except those cases which were compromised before the court by allotting to the owners, no side has been allotteed to any outsiders .

As regards the conversion of roads into sites, the same is also not rue and correct. In this regard however by oversight and mistake in respect of sites allotted in favour of former Chief Justice Mr. Y. Bhasker Rao road portion was included while describing the boundary, subsequently the same has been got rectified by a rectification deed registered in the office of Sub-Registrar, Yelahanka and by bringing to then notice of former Hon'ble Chief Justice of Karnataka Mr. Y.Bhaskar Rao. Apart from this no other road has ever been converted into sites and sold to third persons.

It is respectfully submitted that this House Building Co-operative society is a model to other House Building Societies in which the Hon'ble Judges and other members who have been allotted sites are constructed houses and living there. The allegations of corruption and neportism are false and concocted. In this regard it is respectfully submitted that there is no such instance of corruption or neportism of any kind in the society. It is not made known as to what is the corruption as falsely complained. But however in order to keep the dignity and high ranking of the society being actually a model House Building Co-operative Society which has struggled hard in getting lands and forming layout which is known as a good layout and appreciated by one and all, it is made clear by this submission that there is no such corruption or nepotisim in the society as falsely alleged. The said allegations appears to have been made by persons who are either disgruntled or unable to secure a site or other benefits and such allegations by those persons cannot be allowed to overtake the reality and truth.

The Hon'ble Upa-Lokayuktha has observed that soon after the formation of the layout all the civil Amenities sites and roads ought to have been handed over to the Municipality and further observed that it is a serious lapse on the part of the Management which given room for suspicion regarding the conduct of office bearers. In this regard, the society submits that earlier, the formation of layout was entered to M/S. Devata Builders and that Sri. Padmashree R.M.B. Aradhya of the said Devata Builders died before completion of the layout, besides some lands which were not actually acquired though they come in the middle of the layout [Pocket lands] were sought to be acquired by requesting the Government till recently. However, those lands remained unacquired and owners concerned approached the Civil courts for relief of Declaration and permanent injunction on account of those factors, the completion of the layout was not only delayed but still about 10% of the work remains to be done. Because of the entire work being not completed in the layout, the society could not hand over the layout to municipality or the civic amenities sites and roads and still some roads are to be completed. It is on account of the same, the layout could not be handed over to the Municipality including the handing over of roads and civic amenities sites. This is also due to the fact of some owners who have filed suits against the society and obtained injunction and the society could not take steps to complete the entire layout work and hand over the layout to the Municipality [letter received from M/S. Devata Builders is enclosed] including the civic amenity sites . There are some suits pending and writ appeals. Inspite of all these, the society is taking up this issue before the General Body which is shortly scheduled to be held on 24-09-2000 to handing over the civic amenity sites, roads and layout to the municipality as it is where it is and immediately obtaining the approval of the General Body is handing over the same to the Municipality .

Regarding other requirements which were called for has submitted its reply by its letter under K.S.J.D.B.C.S./38/99-2000, dated 29-09-1999 and also in respect of the endorsement issued to the Director, N. Shivanna, and also as per letter dated 05-11-1999 in No. K.S.J.D.E.H.B.C.S: 43/99-2000.

With the above submissions, we are grateful for the Hon'ble Upa-Lokayuktha for grant time upto 31-08-2000 for submitting our reply. We request that the above explanations be considered and further proceedings be dropped thereby permitting the society to complete the remaining work and hand over the layout to the Municipality by obtaining the permission of the General Body of the Society.

BANGALORE:
DATED: 31-08-2000.

Yours faithfully,

Sd/-

[ S. SURESH KUMAR]  Manager/Secretary, K.S.J.D.E.H.B.C.S.  High Court Building, Bangalore-1.