Rs 172 Crores Public Property: Robbery & Misappropriation
A] Introduction:The Comprehensive Development Plan for Bangalore , as approved by Govt. of Karnataka ; envisages that in any Private Residential Lay-out formed only 50% of Lands could be utilized for forming House Sites. Balance 50% of lands has to be left for formation of Roads , civic Amenity Sites , Parks , play gronds, open Spaces etc.,. [021.02][021.03A][002.12 bda.cdp.pvt.Lay out. 50% ca sites]
B] High Court of Karnataka in the matter of another similar Housing Society namely The Rajajinagar Housing Co-operative Society Ltd (WRIT PETITION No. 10240 /1993) had observed that 50% of lands has to be left for formation of Roads , civic Amenity Sites , Parks , play grounds, open Spaces etc.,. in its Interim Order 30th June 1993. [021.10]
C] Fraud Housing Society also moved the High Court in 1994 [025.01] .The Writ Petition was heard by Justice G.P.Shivaprakash (who is a member of this Society). The Fraud Housing Society procured Judgment against Bangalore Development Authority (BDA) , Sub-Registrar of Yelahanka etc., with the following observations at para 4 :
This Court in W. P. 20898/90 (DD. 29-01-1993) while considering the question of issue of Release certificate by the B.D.A. for the purpose of allotment by the Society, has ruled that 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.
The Judgment is also reported in Law journals. Refer I.L.R. 1994 KAR 2115.
For complete Judgment click here [021.14]. [ Flash Movie ].
D] Matter of fact the BDA has not approved the Lay-out Plan ; Society has not executed the Relinquishment Deed Relinquishing 50% of lands in favor of BDA.
The Members of this Fraud Housing Society who have either built the Houses or allotted with sites in the controversial Lay-out ; have formed an association called JUDICIAL LAYOUT RESIDENTS & SITE HOLDERS ASSOCIATION.
This Association has moved the High Court with a Writ Petition No. 40994 of 2002. The salient features in kind of submissions are nothing but Admission of Crimes that Civic Amenity sites are converted into 400 Residential sites and sold. [040.01].
E ] Our Claim that Rupees 172 Crores worth of Public Property is Robbed , Misappropriated by Fraud Housing Society stands confirmed by the very Evidence in kind of W.P. No. 40994 of 2002 , the Annexures , Prayers , etc., thereof.
F] In addition to the above Evidence Fraud Housing Society is/was being probed by Lokayukta (Vigilance Commission) of Karnataka under Prevention of Corruption Act. Justice G.P.Shivaprakash , who was appointed as Upa Lokayukta after His retirement as High Court Judge; who has built palatial Bunglow in the Controversial Lay-out & had given Judgment referred to in above ; had issued an Search & seizure Notice to the Fraud Housing Society. [023.04]. For Complete correspondence between Fraud Housing Society & Upa Lokayukta one can believe the Documents which are adduced as Evidence in High Court by Fraud Housing Society in its W.P. No. 15101 of 2001 [023.27]
G] These crimes committed by the members with a common intention as per Sec.34 read with Sec.405 and 406 amounts to "Criminal Breach of Trust". Further as the facts detailed above that Public Property misapropriated amongst the members, that amounts to "Criminal Misapropriation of Property" punishable under Sec. 403 read with Sec. 410, 411 and 412, cheating Sec.415, 417, 418 and Sec.420. [007.02]