ANNEXURE `J '

[ Page No. 55-71. of W.P.No.40994 of 2002 ]

G. PAPI REDDY, B.Sc., LLB.,

B. RANGASWAMY, Advocates

No. 5, 3rd Floor, Kurubara Sangha Building,

Kanakadasa Circle, Gandhi Nagar, Bangalore-09.

Phone No. 2205 379.

Date: 3rd October 2nd

To.

[1] THE PRESIDENT.

Karnataka State Judicial Department, Employees H.B.C.S. Limited,

High Court Building, Bangalore _ 560 001.

[2] THE SECRETARY TO GOVERNMENT.

Department of Urban Development,

M.S. Buildings, Dr. B.R. Ambedkar Veedhi, Bangalore _ 01

[3] THE SECRETARY TO GOVERNMENT.

Revenure Department,

M.S. Buildings, Dr. B.R. Ambedkar Veedhi, Bangalore _ 01

[4] THE SECRETARY TO GOVERNMENT.

Department of Co-operation,

M.S. Buildings, Dr. B.R. Ambedkar Veedhi, Bangalore _ 01

[5] THE COMMISSIONER.

Bangalore Development Authority,

T.Chowdaiah Road, Kumara Park West, Bangalore _560 020.

[6] THE DIRECTOR.

Town & Country Planning,

M.S. Buildings, Dr. B.R. Ambedkar Veedhi, Bangalore _ 01

[7] THE COMMISSIONER.

City Municipal Council,

Yelahanka, Bangalore North Taluk,

Bangalore Urban District.

[8] THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA.

Ali Askar Road, Bangalore _ 560 001.

[9] THE DIRECTOR OF CO-OPERATIVE AUDIT.

No. 17, Shankar Mutt Road, Basavanagudi, Bangalore-560 004.

Sirs,

Under the instructions from Sri. B.R. Srinivas, son of Sri. K.A. Ramachandraiah, Residing at No. 12/5-1, 8th Main Road, C.K. Street, Places Guttahalli, Bangalore 560 003, and Sri. T.H. Basavaraju, son of Sri. Honne Gowda, Residing at No. 4/1, 14th `B' Cross, Agrahara Dasarahally, Magadi Road, Bangalore _560 079, we issue this legal notice to you all as follows :

[1] Our Clients are working as 2nd Division Assistants in the High Court of Karnataka and Members of Karnataka State Judicial Department employees H.B.C.S. Limited, hereinafter referred to as the society, they instruct us to state that the Karnataka State Judicial Department Employees H.B.C.S. has been registered under the Karnataka Co-operative Societies Act and the Rules framed there under on 11-08-1983 with a laudable object of acquiring the land for formation of residential layout and providing residential sites to its members.

[2] On the Request of the Society, the Government of Karnataka initiated acquisitions proceedings and declared to acquire 169 acres 12 guntas of land is various survey nembers of Allalasandra, Chikka Bommasandra and Jakkur Plantation Villages, Yelahanka Hobli, Bangalore North Taluk, under the final notification issued Under Section 6(1) of the Land Acquisition Act. Subsequently, the Land Acquisition Officer appointed for the purpose of acquiring the lands, had passed an award in respect of 156 acres 26 Ύ guntas. On completion of acquisition proceedings, the acquired lands measuring in all 156 acre 26 Ύ guntas were handed over to the Society by the Special Land Acquisition Officer, Bangalore.

[3] The Society had submitted the Layout Plan to the 5th of you for approval. The plan so submitted was approved vide Board Resolution Dated 16-11-1992 in No. 503/92. The total extent of the lands covered under the approved plan are 193 acres 2 Ό guntas. Thus, the extent of lands covered under the approved plan are in excess of the actual lands, acquired and handed over by the Government to the society. The Planning Authority of B.D.A. has blindly approved the layout plan without verifying the actual extent of the lands acquired in favour of the society for the formation of layout.

[4] That as per the approved plan, there are Seven Parks and several civic amenity sites in the layout. The parks and the C.A. Sites in the layout cannot be converted or diverted for any other purpose. But, the Office Bearers of the society have converted parks and the C.A. Sites into Residential Sites and transferred them to various persons including judicial officers. Converting parks and C.A. Sites, is legally impermissible. It is the duty of the Government and the Bangalore Development Authority to preserve and protect the parks and C.A. Sites in the layout. Parks and C.A. Sites are absolutely essential for the beneficial and enjoyment of the residents of the layout.

[5] That the land bearing Survey No. 111/3 of Allalasandra Village Measuring 2 Acres 7 Guntas among other lands, were acquired in favour of the society under the Final Notification Dated 24-02-1989. The Owner of the land bearing Survey No. 11/3, was Muniswamappa. Acquisition of the said 2 Acres 7 in Survey No. 111/3 was a.

the said Writ Petition. The said Writ Petition was dismissed on 17-11-1992. The Land Owner Muniswamappa preferred W.A. 5699/97 against the order dismissing W.P. No. 6156/89. The Division Bench of the Hon'ble High Court of Karnataka had dismissed the said Writ Appeal. Further, the land owner had approached the Apex Court by filing S.L.P. (Civil) 3938/98. The Apex Court had allowed the said S.L.P. on 08-10-1998 and remanded the matter to the Hon'ble High Court of Karnataka for fresh disposal on merit.

[6] The Owner Muniswamappa died during the pendency of the proceedings and his legal representatives came on record and prosecuted the matter. When the matter came up for hearing on 21-08-2000 before the Division Bench of the Hon'ble High Court of Karnataka, a Compromise Petition was filed stating that legal representatives of the said Muniswamappa and the society had entered into a settlement According to the compromise, the Society had agreed to give 13 sites in lieu of the land acquired belonging to Muniswamappa. On the request made by the society and L.Rs. of deceased Muniswamappa for disposal of the Writ Appeal in terms of the Compromise Petition, the Division Bench Vide Order Dated 21-08-2000 had declined to record the compromise as it was not in the interest of the society. A direction was issued to place the said order for discussion and deliberation before the Executive Committee as well as General

Body Meeting of the Society. The case was ordered to be listed for disposal after Two weeks, but the same was not placed before the Hon'ble Bench as directed. Thereafter, the matter was listed before a different Bench on 09-03-2001. A Memo on behalf of the legal representatives of the land owner was filed stating that the matter was settled out of Court and hence the appeal may be dismissed as withdrawn. As per the said Memo, the appeal was dismissed as withdrawn on 09-03-2001.

[7] The Society ought to have placed the resolution of the General Body regarding the proposed settlement with the land owner as per Order of the Division Bench Dated 21-08-2000. when the matter came up for hearing on 09-03-2001. In this context it is pertinent to mention that the extent of the land belonging to Muniswamappa acquired in favour of the society was only 2 acres 7 guntas and compensation awarded for the said land acquired has been paid to the owners. Inspite of paying the compensation, the Office Bearers of the society had decided to allot 13 Corner Sites Measuring 40'x 60' each in favour of the legal representatives of the deceased Muniswamappa. The area of 13 sites comes to more than 1.00 acres. It is unjust on the part of the Society to allot 13 corner sites in favour of the legal representatives of the deceased Muniswamappa in addition to compensation when the extent of the land acquired was only 2 acres 7 guntas. The 1st of you is required to give the details of the 13 sites allotted pursuant to the alleged settlement. Our clients are the Members of the Society who are entitled to know the details of 13 sites, their measurements, names of persons in whose favor 13 sites allotted. The decision to allot 13 sites freely in favor of the legal representatives of the owner is not in the interest of the Society or its Members. There is no transparency in the matter of allotment of sites in favor of Members or others.

[ 8 ] Our clients instruct us to state that 32 Acres of un-acquired agricultural lands have been illegally developed into residential sites along with the acquired lands and transferred them to various persons. The norms relating to the allotment of sites and the law governing the conversion , formation of Layout in un-acquired agricultural lands have been totally over-looked by the Office bearers of the Society. The un-acquired agricultural lands which have been developed into residential sites illegally and allotted to several persons have not been converted residential purpose it requirement of Section 95 of the Karnataka Land Revenue Act. The Society has not acquired ownership in respect the un acquired agricultural land. Further, there is no approval in respect of un acquired agricultural land. The Executive Committee of the Society has flouted the legal norms and dealt with the sites illegally and detrimental to the fair name of the Society and interest of the members.

[9] That a private layout formed on the strength of the approval of the planning authority, has to be handed over to the local authority for further development. In the instant case, the Judicial Layout formed by the society has not been handed over either the Bangalore Development Authority or to any local authority. The City Municipal Council, Yelahanka has been wrongly exercising jurisdiction in respect of the sites in the judicial layout and granting the Possession Certificates and approving plans for individual sites to put construction in the aforesaid layout.

[10] The Executive Committee of the society has converted lands into residential sites and allotted the same to various persons including Hon'ble Judges by suppressing the truth that the site so formed by them is in a park. Thus, the Committee has played fraud not only on the authorities, but also on the allottees including the Hon'ble Judges with ulterior motivation of making money and to get benefits.

[11] That the lands belonging to deceased Subbaiah and his sons, of Allalasandra Village Measuring 15.00 acres in Survey Nos., 103/3, 3/2 and one other Survey Numbers of Allalasandra and Jakkur Plantation Village were legally acquired for formation of Judicial layout. The acquisition proceedings in respect of the aforesaid land was completed, award was passed and possession of the acquired lands were handed over to the society by the Land Acquisition Officer after amount towards compensation was paid by the society for purpose of formation of layout. The Executive Committee of Society has illegally passed a resolution to transfer 34 sites in favour of Subbaiah and his sons, out of the sites formed in Layout. The measurement of the sites allotted in favor Subbaiah and his sons are hereunder :

8 sites, measuring 80' x 120 Feet

2 sites, measuring 50' x 80 Feet

24 sites measuring 40' x 60 Feet .

Apart from transferring the above said 34 sites in favor of Subbaiah and his sons, the acquired land bearing Survey No. 3/2 of Jakkur Plantation Village, measuring 1.55 Acres has been given-up in favor of Subbaiah and his sons. The land in Survey No. 3/2 is situated in front of the Layout facing Railway Track and it is a Prime Place. Allotment of 34 sites and giving-up 1.55 Acres of land in favor of Subbaiah and his sons is patently illegal and detrimental to the interest of the Society as well as the Members.

[ 12 ] Further the Executive Committee of the Society has sold 34 sites in favor of 34 different persons as shown in Annexed List on various dates. The sale consideration in respect of said 34 sites have not been remitted to the account of the Society. There is a gross misappropriation of funds of the Society. The Executive Committee is accountable for all the money received. The first of you is required to give detailed account of the remittances of the sale consideration if any, made to the account of the Society. This account if not furnished, it will be construed, the Executive Committee is liable to reimburse the defficiency of the loss caused to the society.

[13] In this context, it is relevant to mention that genuine members of the judicial department have been deprived of providing residential sites in the judicial layout, even though required amount was deposited long back to the society for allotment of sites of their choice. The executive Committee has admitted persons other than employees of judicial department as Associate Members of the society. Site have been allotted in favour of Associated member overlooking the interest of the genuine members of the judicial department the committee has been functioning prejudicial to genuine and the fare name of the society.

[14] That the land measuring 2.00 acres belonging to J.M. Krishnappa of Jakkur Plantation Village, was lawfully acquired by the Government in favour of the society. On completion of acquisition proceedings. Possession of it was taken by Acquisition Officer and in turns handed over to the society. Owner of that land J.M. Krishnappa had filed writ petition the Hon'ble High Court of Karnataka challenging the acquisitions the said land measuring 2.00 acres in Survey No. 4 of Jakkur Plantation Village. The Writ Petition filed by him was withdrawn subsequetly after realizing that there was no merit in the matter. The two acres in Survey No. 4 of Jakkur Plantation Village is in a prime place abutting the National Highway No.7. The Executive Committee of the Society has illegally taken a decision that aforesaid two acres of land belonging to the Society to J.M. Krishnappa, except a portion of the land used for the front of the Road, for approach from the main road. The said J.M. Krishnappa has allowed a private person to run a Dhaba in a portion of said acquired land. The act of the Executive Committee of the Society in giving up said acquired the land measuring 2.00 acres is not only illegal, but also injurious to the members of the society. The Members of the Executive Committee has done that act for extraneous consideration, and hand is glove with the aforesaid J.M. Krishnappa with an ulterior motivation.

[15] The society had filed several suits in civil court for specific performance in respect of the un acquired agricultural lands based on the agreements and the General Power of Attorneys executed by the land owners. The executive Committee of the Society had adopted a method of entering into a compromise in the suits and to obtain compromise Decree in favour of the society with an intention to legalize the illegal acts. Proper procedure for the society is to acquire the required land and get it converted and form sites. The procedure has not been followed by the society, the society has not acquired ownership in respect of the agricultural lands covered under the compromise Decree. There is no proper documents or deeds of conveyance from the owners in favour of the society. Based on the Compromise Decree the society has illegally developed/formed sites and whimsically agreed to give up sites in favour of the owners of the un-acquired agricultural land. Based on the Compromise Degree the Society got the Khatha Registered in his name in the City Municipal Council, Yelahanka and executing Sale Deeds in favour of allottees without obtaining permission and getting it converted as per law.

[16] Some of the owners of the non-acquired agricultural lands had also filed suits against the Society in respect of certain agricultural lands illegally developed and formed the sites thereon adjoining to the acquired lands. The society has entered into compromise with the aforesaid land owners and obtained decree by sharing the land/site illegally developed in the agricultural land between the owners and the society. The Sites given to the land owners under the compromise decree have been sold by the society itself by keeping the compromise decree as the base. The society has not acquired ownership in respect of un-acquired agricultural lands under the compromise decree. Even then, the society has executed sale deeds in respect of sites which, were given to the land owners as per compromise decree.

[17] The Members of the Executive Committee of the society have been manipulating the things in their favour in the office of the City Municipal Council, Yelahanka, Office of the Sub-Registrar Yelahanka, and Office of the Bangalore Development Authority and other concerned Government Offices. The concerned authorities fully knowing that the Society has been perpetuating illegalities have become silent spectators and have failed to perform their statutory functions and duties to prevent illegalities and safeguard the interest of government and genuine members.

[18] The Executive Committee of the Society has been acting detrimental even in the matter of allotment of sites. The old genuine members have been waiting for allotment of sites even after depositing the required amounts to the Society. Persons who have become regular/Associate Members from the month or March, 2001 onwards and deposited money have been allotted sites. Absolutely, there is no logic or legal basis in not allotting the sites to old members and allotting sites to the new members and Associate Members detrimental to the interest of the genuine members.

[19] The Society is governed by the provisions of the Karnataka Co-operative Societies Act. 1959 as amended in the year 1998 and the rules made there under. The society had made its own bye-laws and adopted model bye-laws for its governance. The provision of the Karnataka Co-operative Societies Act and the Rules have not been observed in the matter touching the Management and the Finance of the Society. The Executive Committee has committed a serious financial irregularities. But the Registrar of Co-operative Societies appears to have not taken required action based on the irregularities or the illegalities. The Executive Committee of the Society is continuing with its mis-deeds for the private benefits and extraneous considerations. The Employees of the Judicial Department being the members on the committee of the society, are supposed to function legally and set a model to other housing co-operative societies. In the name of Judicial Layout, the Executive Committee of the society has been indulged in all illegalities and acting pre-judicial to the fair name society.

[20] The true and proper accounts of the society appeared to have not been maintained by the society. The accounts of the society have not been properly audited for the last five years as is evident from the Audit Report. The legal procedures have been abused to legalise the illegal acts. The Executive Committee Members are adopting the extra judicial methods to prevent certain members to expose the mis-deeds done. Further, there is a precedent that the society had auctioned so many corner sites in different dimensions thrice amongst the members, that method came to be stopped without knowledge of the legitimate members. There are instances that the society has allotted the corner sites to the persons of their choice at throw away price subtly without putting them to auction as was done earlier, thus causing huge loss of crores of rupees to the society.

WHEREFORE, we hereby call upon the First of you to furnish all the details relating to acquisition, number of sites formed, allotment of sites made to the genuine members and number of associate member with dates, the extent of land acquired through compromise decree number of sites formed in un-acquired agricultural lands and the made of acquiring the ownership and allotment of sites and the reasons for not making allotment to genuine members who have deposited the required money long back. Further, second to Ninth of you are called upon to take appropriate stern action against the society and unto the wrongs/illegalities in the matter of acquisition of lands formation of sites, registration of khathas, conversion of parks and C.A. sites into residential sites, selling corner sites without public auction among the members, non-compliance with the provisions of the Bangalore Development Authority Act and allotment Rules, Karnataka Co-operative societies Act and the rules made there under, provisions of the Town and Country Planning Act, non-conversion of Agricultural lands for residential sites, non payment of conversion fee, registration of khatha with the City Municipal Council, non-payment of layout charges to the Bangalore Development Authority, non payment of conversion charges in respect of un-acquired lands, obtaining certificates from the C.M.C. even before handing over the layout to the concerned authority execution and registration of sale deeds in various persons even without acquiring the ownership, and illegally developed and formed the sites in the un-acquired agricultural land, gross financial irregularities without proper audit from the department, within 15 days from the receipt of this Legal Notice, failing which our clients will be compelled to institute appropriate legal action before the Hon'ble Apex Court in view of the fact majority of the Hon'ble Judges of the High Court of Karnataka are the members of the society, holding you responsible for cost and all consequences.

Yours faithfully

(B. Rangaswamy) Advocate.

(G. Papi Reddy) Advocate.

Annexure to the Legal Notice

[Page No. 71 of the Writ Petition and the Annexure to Annexure’J’ of W.P.]

List showing the number off sites transferred to Sri. Subbaiah and his sons and others.

No.            NameSite No.       Dimension
[01]Subbaiah136680’ X 120’
[02]Pillamuniyamma139180’ X 120’
[03]Hanume Gowda136780’ X 120’
[04]Appanna Gowda138680’ X 120’
[05]Ramakrishnappa136880’ X 120’
[06]Doddanna139880’ X 120’
[07]Rajanna139780’ X 120’
[08]Narayana Gowda140980’ X 120’
[09]Chikka papayya130650’ X 80’
[10]Ravikumar130750’ X 80’
[11]Chandre Gowda002960’ X 40’
[12]Nagesh003060’ X 40’
[13]Mune Gowda003160’ X 40’
[14]Malathi115860’ X 40’
[15]Prema178660’ X 40’
[16]Anandkumar003260’ X 40’
[17]D. Sunitha116060’ X 40’
[18]Santhosh179760’ X 40’
[19]Suguna178560’ X 40’
[20]A.R. Bhagya116160’ X 40’
[21]Swetha180060’ X 40’
[22]Jagadeesh115960’ X 40’
[23]Basavaraju115760’ X 40’
[24]Shashikala178960’ X 40’
[25]Manjunath116260’ X 40’
[26]Ashok Mehta002760’ X 40’
[27]Srinivas179960’ X 40’
[28]Byramma179860’ X 40’
[29]Lakshmamma W/o Appanna003360’ X 40’
[30]Munithayamma179660’ X 40’
[31]Kanthamma178860’ X 40’
[32]Jayamma W/o Narayanagowda003460’ X 40’
[33]Lakshmamma D/o Subbaiah178760’ X 40’
[34]Jayamma D/o Subbaiah178460’ X 40’