APPEAL TO  PEOPLE  of  INDIA
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TIT BITS

To:
Shri. A.P.J.Abul Kalam, His Excellancy The President of India

From:
We, The People of India.

PETITION No...

In the matter of corruption in Indian Judiciary, more specifically corruption in Judiciary of Karnataka.

This Humble Petition is prepared and presented to Your Highness for immediate intervention and appropriate Legal Action on behalf of People of India in Public Interest; to re-establish the Peoples' Confidence in Judiciary.

PREAMBLE:

A Private Co-operative Society styled as KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES' HOUSE BUILDING CO-OPERATIVE SOCIETY was established in 1983. High Court of Karnataka ; well known to itself has accommodated the Society in its premises.Extract of Aims & objects of this Society is annexed herewith [027.12s] . The list of Members of this Society includes 3-5 present sitting Judges of Supreme Court , Almost all present Judges of High Court of Karnataka , Law Secretaries of Karnataka , Vigilance Commissioner [ Lokayukta of Karnataka ] & His subordinates , most of District Judges & judges of Lower Courts numbering in total about 2600 who are either Public Servants or Government servants [014] .As the Society is keeping all information including the names of Members etc., to our best possible efforts with the constraits of time & money the List of Members is prepared & presented to You . After the State Land Acquisition Committee cleared the Application of this Society & consented to acquire 170 Acres of land in Bangalore at Jakkur , at 17th K.M on B'lore-Bellary National Highway in later part of year 1987 ; this Society was directed to Execute an Agreement in accordance with Section 41 of Land Acquisition Act, 1894 . Accordingly Society executed an Agreement on 4th January 1988 [005.01].

Once the said Agreement was signed the Society through its Omnipresent , Omnipotent & Omniscient Members have Illegally procured innumerable Orders by Govt. of Karnataka , High Court of Karnataka & Civil Courts there-under which are enumerated in the successive Petitions addressed to Your Honor , but hosted on different Web Sites ; of which contents will be similarly brought to Your kind attention at appropriate time based upon the Action You initiate against this Petition.

THIS PETITION:

[a] The Bangalore Development Authority , approving the Layout [021.01] in contravention of Act 2 of 1991 read with Karnataka Land Revenue Act and Karnataka Town & Country Planning Act. Matter of fact Society's Special Leave Petition is pending in Supreme Court [026.18] [026.04][Flash movie]. 

[b] The Bangalore Development Authority & the Society conspiring in Disrespecting the Honorable Supreme Court Judgement of 1994 ; where in the Court on State's Appeal observed that convertion of Agricultural land to any other purpose is Mandatory [026.11s] the society's SLP is pending in Supreme Court (filed in year 2000, after lapse of 3 years from dismissal of its W.A. in 1997; supreme Court fraudualantly admitted this SLP which was barred by time limit), which has only stayed the money demand of Govt. But it has not passed any orders in favour of Society to change the lands from Agriculture to Residential Use.[026.22]. List of dates accompanied SLP is [026.22A

[c] The Society procuring Illegal Order by Mr.Justice G.P.Shivaprakash [021.14 ] against Natural Justice i.e., NO PERSON SHOULD BE A JUDGE IN HIS OWN CASE; who is a not only a Member of this society but has already built a House in this layout

[d] Mr.Justice G.P.Shivaprakash , after His retirement was appointed as Deputy Vigilance Commissioner / Upa Lokayukta entrusted with duties of trapping / investigating corruption charges against Public & Government Servants serving in Karnataka . The same person Mr.Justice G.P.Shivaprakash & His sub-ordinates who are also Member beneficiaries of this Society ; in accordance with Natural Justice instead of handing over the case to Central Bureau of Investigating or Central Vigilance Commission ; commenced Investigations against the Society's Fraudulent affairs more particularly Mis-appropriating the Civic Amenity Sites contained in this layout ; which is a Public Property admeasuring 50% of lands as per B.D.A norms.[Flash Movie ] The value of Lands alleged to be Mis-appropriated is 35% of 156 Acres (under consideration that 15% of land is used for roads ) & 50% of about 50 Acres of neighbouring lands Illegally grabbed by this Society ; which roughly at present market rates / if auctioned valued @ Rupees 400 per Square Foot is Rupees 136 Crores.[ 1360 Millions of Rupees ]. The State Vigilance Commission with corrupt motives directed to hand-over layout to City Municipal Corporation [ CMC ] of Yelahanka which has no jurisdiction over this layout except B.D.A ; which act further is contravention of High Court Judgment afore-mentioned [021.14]. What transpired between the Commission & the Society is produced herewith [023.02 to 023.18 ]

[e] High Court of Karnataka has & is approving loan Applications of the Allottees of sites formed in this layout to build Houses ; so as to avail loans from Financial Institutions ; without verifying whether the Society has got Layout Plan approved by B.D.A & if so whether Society has executed Relinquishment Deed in favor of B.D.A in accordance with Judgment availed by Society [021.14 ]. Prima facie Vigilance Commission tacitly admits in its investigation that Society has neither of these Two [023.02 to 023.18 ].

[f] Financial Institutions without verifying or procuring Layout plan approved by B.D.A ; as the Society claims in the sale deeds it has executed. One such sale deed executed in favor of Mr. Justice G.C.Bharuka of Karnataka High Court is the evidence [021.16]. Loans on an average Rs.Two Lakhs per House if forwarded then for 2500 houses, Rs.50 Crores of Public Moneys will be at peril.

In 1994 Mr.Justice G.P.Shivaprakash [who is a Member of the Society & has Constructed a palatial Bunglow in the lay out] delivered a Judgement

[021.14 ] in W.P. No. 18447 of 1994 dated 15th July 1994 filed by Judges Society to strike down a Govt. Circular Directing all Sub-Registrars of Bangalore prohibiting Registration of all sites in the Lay-outs formed by Housing Co-Operative Societies in & around Bangalore .

In the Judgement it was observed at paragraph No.4 thus :

"after the formation of the layout in accordance with the layout sanctioned by the B.D.A. and after the Society has executed the Relinquishment Deed relinquishing its right, title and interest over the roads, parks, playgrounds, open spaces etc; in the layout formed, in favour of the B.D.A., there was no question of "releasing the sites" by the B.D.A. for the purpose of allotment by the Society since the layout in question is a private layout formed by the Co-operative Society concerned."

Further the Court observed thus at the relevant paras of Judgement thus

[10] For the foregoing reasons, this Writ Petition is allowed and the impugned Circular is quashed.

[11] The Learned Government Pleader pleaded that while allowing the petition no costs be imposed. Despite Rulings of this Court, if the authorities concerned persist in issuing Circulars, in contumacious disregard of the law laid down by this Court, thus compelling the parties to file Writ Petitions putting them to unnecessary expenses. It is just and reasonable to impose costs.

[12] The authorities should realise that Judicial testing of statutory and administrative Regulations has a vital part to play not only in contesting individuals against abuse by officials but also in helping it make the official Regulations themselves enforceable if they are legal and valid.

[13] This Petition is allowed with costs quantified at Rs. 3000/-



The Law :

Relinquishment Deed relinquishing its right, title and interest over the roads, parks, playgrounds, open spaces etc; in the layout formed, in favour of the B.D.A ; in effect means 50 % of Total Lands of 156 Acres Lay-out formed by Society i.e., 78 Acres of lands should have been handed over to BDA .[ 002.01 Section 32 ] [ BDA CDP file code]

a) Amar-Jyothi Housing Co-operative Society , in the same manner and matter for example , had executed the Relinquishment Deed in favor of BDA . [ 001.03 ] [001.01]

b) But Amar-Jyothi Housing Co-operative Society , which is a Bogus Society as declared by No less than the hon'ble Supreme Court , Robbed a Sheet from office of Sub-Registrar , which contained of about Five Lakh Sq. Feet of Civic Amenity sites valued no less than 100 Crore Rupees in terms of value . Robbery Evidence : 001.08

In Lokayukta
Proccedings of Inquiry

Mr.Justice G.P.Shivaprakash [who is a Member of the Society & has Constructed a palatial Bunglow in the lay out now] who was subsequent to his retirement as High Court Judge was appointed as Upa Lokayukta of Karnataka State . The Duties of Lokayukta inter alia are to investigate & recommend punishments against corrupt Public & Government Servants.

a) Mr.Justice G.P.Shivaprakash , Upa Lokayukta , acting on a Complaint issued a Notice vide No.compt.Uplok/BCD.64/99-2000/AR.2[164] Dated: 28-10-1999 to the said Judges Society which is located in High Court Building ; directing " to produce [ BDA ] Approved Lay-Out Plan plan within seven days from the date of receipt of this notice.If you fail to produce the same, search and seizure warrant will be issued. " [021.05 ] . The person who issued Notice on behalf of Upa Lokayukta B.A. MUCHANDI : Addl. Registrar, Enquiry-I ;Office of the Lokayukta , Bangalore is also a Member of Society.

b) Prima facie the very Notice & its contents proves that the Society has Robbed the lay-out Plan & so also the Relinquishment Deed. The suspicion of having Robbed the Lay-out Plan & so also the Relinquishment Deed executed in favor of BDA becomes more Evidential & beyond reasonable doubt of such an act being committed by the Society & its Members due to the very fact that the Notice seems to have been issued only after the confirmation that the said lay-out Plan & so also the Relinquishment Deed is not available with BDA . In addition the then Lokayukta Mr. Justice A.S.Hakeem , Mr.Justice G.P.Shivaprakash the then UpaLokayukta & B.A. MUCHANDI : Addl. Registrar, Enquiry-I ;Office of the Lokayukta [ Under whose Sign & Seal the Notice was issued ] are all Member beneficiaries of the Lay-out . The present Lokayukta Mr. Justice N.Venkatachala , the retired Supreme Court Judge is also Member beneficiary of the Lay-out.

c) The Society in its Reply vide Ref. No.: KSJDEHBCS/43/99-2000 Dated: 05-11-1999 Quoted thus "With reference to the subject and reference cited supra, we are hereby submitting the layout plan ". [021.06 ]

If the Society has produced the copy of the Approved Lay-out Plan as stated in Judgement cited above ; then we Request the Lokayukta & the High Court to make Public the same Documents in Public Interest . The Public Interest is this that the Relinquishment Deed details the Properties / sites / lands of which BDA has absolute ownership and thereby the Rights of General Public over the same .

It's also pertinent to note that the High Court of Karnataka ; believing that BDA has approved Lay-out Plan & Society has executed Relinquishment Deed in favor of BDA ; has in past & at present continue to approve House Building Loan Applications to allow the Members to raise Loans from Govt. / Govt. Financial institutions & L.I.C etc. so as to enable them to build houses in the said Lay-out . For more details . [000.00]

Failing to do so shall only make the General Public to believe that Judges [Member beneficiaries of the Lay-out ] have Robbed the said Documents thereby depriving the BDA & General Public of their Public Rights . It further creates reasonable doubt that Civic Amenity Sites detailed in Relinquishment Deed are illegally in connivance with BDA & Lokayukta ; the Judges Society has / is converting into residential sites and being sold / allotted ; which act if true amounts to " Sharing of Booties of Robbery " amongst the Judges .

As per Records available with us show that BDA had not approved the lay-out even in 1997 ; but in-fact had issued Notice show-causing as why the structures there-on in the Illegal Lay-out should not be Demolished . Evidence as under:

No. BDA / TPM 1498 / 97-98. Date: 22-09-1997. " FINAL NOTICE "

Notice under Section 17[4] of the KTCP Act 1961 and Rules 37 of Karnataka Planning Authority Rules 1965.

Subject:- Unauthorized formation of layout in several Sy. No. S. of Jakkur Plantations Allalsandra Village & Chikkabommasandra Village.

Ref:- T-O Notice No. BDA /TPM / 14/96-97, Dt. 02-04-1997.
       [2] T.O. letter No. BDA/TPM / 164 / 97-98, Dt. 02-05-1997.

For more : [002.04]

Hence the President of India may be pleased to direct Attorney General of India to Initiate Criminal Contempt Proceedings against the members of the Society who are Judges/Judicial Officers/Legal Officers/Lokayukta.