Friday, November 2, 2012

THE CLOUT OF LAND MAFIA IN INDIA , ESPECIALLY IN KARNATAKA AND A. RAJA 2 G SCAM WITHN COUNTER ALLEGATION UPON BJP

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
legislative assembly is still probing the land grabbings in Karnataka.
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.

Hereby , HRW 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.


THE CLOUT OF LAND MAFIA IN INDIA -the governments daring to by-pass judiciary - An appeal ( PIL ) to the honourable supreme court of India
The recent attempts by government of India & other state governments
to legalise land grabbings by enacting new land laws in the name of
public welfare is farce . while crores of people are without shelter &
are living on streets , people in slums , tribal lands are struggling
for land rights since decades the governments were mum & deaf. Now ,
as the rulers themselves & their cronies have built illegal
constructions running into crores they are shedding crocodile tears in
the name of public welfare. In india, various state governments have
enacted " town municipal / city corporation laws & building laws" , to
ensure orderly growth of cities & towns , to ensure the safety of
buildings & it's occupants , to ensure the safety of pedestrians &
road users.

Numerous educated people , ruling elite – ministers , police ,
government officials , M.Ps , M.L.As , etc knowing fully well about
the laws have illegally built bungalows , commercial complexes ,
throwing to wind all laws. In their greed they have shown utter
contempt towards law. They have encroached dried –up lakes ,
rivulets , rain flow paths , drainages , foot paths , civic amenity
sites. In their building there are violations of- lack of fire safety
exits , lack of parking space , encroachment of foot paths ,
conservancy line , drainages , etc.

There is wide spread corruption in the corporation / municipal
authorities. For a price officials have converted CA sites to
commercial purposes , authorised deviations / encroachments of public

lands like foot paths , drainages , parking space , set-off , etc. The
corporation officials themselves are violating city master plans. Even
before authorising the conversions & encroachments of lands , the

corporation officials are not making alternate arrangements. By all
these corrupt deeds many of the corporation officilas have become
millionaires . however more & more road accidents are taking place ,
building collapses & fire tragedies are occurring , during heavy
rainfalls water is getting clogged – ALL THESE RESULTING IN LOSS OF
HUMAN LIVE & PROPERTIES. In recent days numerous murders have taken
place over the real estate issues . THE CRIMINAL LAND GRABBERS MADE
DEATH THREATS & FORCED THE PIL APPLICANT IN THE KARNATAKA HIGH COURT
ABOUT LAND GRABBINGS IN KORAMANGALA LAYOUT BANGALORE. The government
of karnataka instead of protecting the PIL applicant & upholding the
law has taken sides with the land grabbers.

The state governments of karnataka & delhi has got M.L.As & officials
who have themselves violated building laws & grabbed govt lands. Now ,
the two govts are contemplating to bring in laws regularising these
land grabbing crimes for a pittance as penalty. All to by-pass
judiciary. The governments are least bothered about the lives of poor
& only too caring towards the land grabbing criminals. The same
governments have not yet given land rights to poor slum dwellers /
dalits , land rights to tribals living in forest since centuries ,
land rights to poor agricultural labourers, where as it is full of
concern towards rich & mighty land grabbers – criminals. Bottom line –
whatever be the magnitude of crime if you are rich & mighty law will
be bended to suit you , by bad luck if you are a poor folk you are
bound to suffer being on the right side of law also. Hereby , HUMAN
RIGHTS WATCH urges requests the honourable supreme court of india , to
register this as a PIL , to provide protection to the PIL applicant in
bangalore & to take appropriate actions against the GOK & GOD nipping
at bud their illegal motives to regularise land grabbings.


ILLEGALITIES IN AUCTION OF M/S IDEAL JAWA LTD MYSORE

During the auction of above sick industry the land usage was for
industrial purpose only. so, people with other commercial objectives
were not allowed to participate in the auction. Thereby, the final
auctioned amount was very much less than the market value. This has a
direct bearing on employees of that industry , lending banks , govt
dept , etc who have all put forward their claims for dues from that
industry. noW, all of them are getting very much less than what is due
from the closed company. A loss of crores of rupees to banks ,
government , employees has been made by the cunningness of civic
bodies.

Now in a backdoor move the M.U.D.A , K.I.A.D.B , M.C.C are moving to
give land usage conversion to the new occupier, who is building posh
villas & resorts here. Is it right & justified ? should not they
conduct auction once again or charge market value to the new owner.

LAND MAFIA IN KARNATAKA
The land mafia which has links with political leadership & top govt
servants in the state, is running business widely in & around
bangalore,mysore & other major towns. The authorities like city
corporation , B.D.A, M.U.D.A , K.I.A.D.B , etc are denotifying the
lands meant for public welfare in favour of land mafia. The
authorities have earmarked these lands for public welfare ie parks ,
schools , hospitals at the planning stage itself for current & future
needs of the people. In most cases the land mafia has illegally
occupied the lands , built commercial complexes & sold it for crores
of rupees.

1. the authorities are not demolishing these illegal structures &
prosecuting the occupiers.

2. In some cases the authorities are denotifying , regularizing those
illegal occupations by levying a pittance as penalty which is very
much less than the market value.

3. In some cases for example a notified site for school is alloted to
an educational trust. They build 2 rooms in 25% of the site & state
that this is free school meant for weaker sections. After a year or
two , they state before the authority that to run this school they
need funds. So they are planning to build commercial complexes around
the school site & by the rent collected from shops they will run the
school. In this manner sites meant for schools , hospitals , temples &
other social organisations apply for conversion of land usage & use
major portion of the land for commercial purposes.

Hereby , our publication  urges the govt of karnataka & other
authorities ,

1. to clearly demarcate the govt lands & announce it boldly to the
public.

2. To clearly demarcate lands meant for public amenities both for
current & future usage.

3. To clearly demarcate lands required for town planning say 20 years
down the line.

4. To clearly mention in such plans the purpose it is reserved for ie
parks , hospitals , schools , etc.

5. To impartially act against illegal occupiers – rich or poor.
6. Say while denotifying a land meant for school an alternate land for
school must be incorporated in the original plan.

7. Before denotification public objections must be called for &
considered responsibly.

8. After denotification the land must be sold at the market rate not
the govt rate.

9. In case of land usage conversion also the objections from the
public must be called for & considered responsibly.

10. After land usage conversion an alternate land must be incorporated
in the plan for the original use.

11. In case of land usage conversion also the occupier must be charged
at the market value.

12. To declare annually the property details of all officials with
denotifying / land usage conversion authorities together with details
of their family member's properties with provision for public
scrutiny, cross checking.

13. To ruthlessly prosecute the corrupt officials & ministers.
14. To make public the report of past district magistrate mysore mr.
T.M. VIJAYA BHASKAR about illegal land dealings in & around mysore.
Also the action taken report.


ILLEGALITIES IN BANGALORE-MYSORE EXPRESSWAY PROJECT
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?

Raja faces heat as CBI raids DoT on 2G scam
Turning the heat on telecom minister A. Raja, the Central Bureau of
Investigation (CBI) has registered a case saying there was large scale
corruption in the allocation of 2G (second generation) radio spectrum
licences.

Raja, the second-time telecom minister in the UPA government, had
repeatedly denied any corruption in the 2G allocation to private
companies in 2008. The FIR filed by CBI on Thursday names no person
but merely mentions unknown officials of the department of
telecommunications (DoT) and unknown private persons and companies as
the accused.

The agency raided the DoT office in Sanchar Bhawan and the search for
incriminating documents was on till late night in the wireless
planning cell and in the office of the deputy directorgeneral (access
services) of DoT. Top bureaucrats of the ministry are under the CBI
scanner. The FIR confirms allegations of "serious irregularities" in
the award of the spectrum licenses and a criminal conspiracy woven
between DoT officials and certain private companies.

However, telecom minister A. Raja ruled out resignation in the wake of
CBI searches in his ministry. "The question of my resignation does not
arise. All decisions on spectrum licensing have been taken in
accordance with procedures laid down by Telecom Regulatory Authority
of India (Trai) and in consultations with the Prime Minister," he told
reporters.

But the CBI FIR said, "The licenses were awarded to these companies by
putting a cap on the number of applicants against the recommendations
of the Trai. The licences to these private companies were given on a
first-come-first-served basis at the rates of 2001 - which were very
low - without any competitive bidding." CBI has acted within days of
the Central Vigilance Commission ( CVC) asking for a comprehensive CBI
probe. "The CVC findings show the spectrum was not allocated at the
present market- driven price, no auction process was followed and no
bids were invited. We will now quiz senior DoT officials, including an
IAS officer," a senior CBI official said.

"The scam could run up to Rs 22,000 crore. Firms which got the
licences at throwaway prices later sold their stake to foreign
operators at huge prices," he added. SOURCES said the CBI probe will
concentrate on specific aspects like why DoT did not go for the
auction process in accordance with Trai guidelines and instead opted
for a firstcome- first- served approach.

It will also examine why licences were not issued at current prices
and why no time cap was fixed for those who were given the licences.

" CBI will further analyse documents to ascertain if the DoT had
cabinet approval for going ahead with its idea of not inviting global
bids for such a big project," according to sources.

Two companies that got these licences in 2008 - Swan Telecom and
Unitech - are allegedly under CBI investigation. Swan Telecom got the
license for a mere Rs 1,537 crore. It then sold its stake to a foreign
operator at nearly three times the amount within a few months. Unitech
got the spectrum licence for Rs 1,650 crore from the DoT, which too,
sold its stake to a Norwegian company for over four times this amount.
" The end loser was the government, which could have earned thousands
of crores more," said a CBI official.

In 2008, the government had issued new licences bundled with start- up
4.4 MHz spectrum at a fee of Rs 1,651 crore.

UNDER SCANNER
CBI will probe why DoT didn't go for the auction as per Trai norms &
opted for a first-come-first-served approach.

It will also examine why licences were not issued at current prices
and why no time cap was fixed for those who were given licences.

The scam could run up to Rs 22,000 crore. Firms which got the licences
at throwaway prices later sold their stakes to foreign telcos at big
prices.

Two firms that got these licences in 2008 - Swan Telecom and Unitech -
are under CBI investigation.


BJP demands sacking of A.Raja over 2G spectrum scam
The Bharatiya Janata Party (BJP) on Monday reiterated its demand that
Telecom Minister A.Raja be sacked for his controversial role in the
allocation of 2G spectrum.

Addressing a news conference in the capital here this afternoon, BJP
General Secretary Arun Jaitely claimed that by allocating 2G spectrum
at prices that were in existence in 2001 and not what was the
prevailing rate in 2009, A.Raja had colluded in a fraud and loss of
more than Rs.60,000 crores, making it the largest scam in independent
India history.

"It is unfortunate that the Prime Minister has chosen to comment on
the innocence of the minister, even while the investigations are on.
There was no occasion for the Prime Minister to send such a signal to
the investigative agencies directly under him," Jaitely said.

"This country has been robbed of a large amount of money by this
misdemeanour of the Telecom Department. The compulsions of the
coalition politics should not come in the way of an honest
investigation. Propriety requires that while the investigations are
under way, the minister should cease to be in office. His continuation
in that ministry is itself a deterrent to an honest and independent
investigation," he added.

"The entire nation is closely watching this investigation. Let this
investigation not result in holding civil servants guilty and the
minister innocent. It was the minister who is the prime accused and
the civil servants were only carrying out his dictates," Jaitely
further said.

He said that with the Central Bureau of Investigation registering a
regular case with regard to the allotment of spectrum for the 2-G
license issued by the Department of Telecommunications in 2007; the
offices of the Department of Telecommunications have been searched and
various documents have been seized, there was serious ground to assume
that an impropriety had been committed in the public domain.

"To Shri A. Raja's statement that he had kept the Prime Minister
informed of what he was doing, the Prime Minister has said - " I would
not like to join the issue in the public with my Cabinet colleague."
Obviously, the Prime Minister is in no position to agree or disagree,"
Jaitely said. The allegations against Shri A. Raja and the officers of
the Department of Telecommunications are very clear, Jaitely said,
adding that the BJP had raised the issue in Parliament during the
Monsoon Session.

He said that the party had then demanded prosecution of the minister
and other officers under Section 13(1)(d) of the Prevention of
Corruption Act.

This provision provides for imprisonment of seven years, Jaitely said,
adding that Raja is primarily liable for this offence.(ANI)


2G row: Raja accuses NDA of Rs 1 lakh crore scam
NEW DELHI, INDIA: A.Raja, Union Minster for IT and Communication, has
alleged that the NDA Government had unlawfully allocated 2G spectrum
to some operators and reduced license fee without any approval from
the Cabinet or recommendation from TRAI. He alleged this has incurred
the government a loss of approximately one lakh crore rupees.

"On record it had been observed that the license fee was brought down
to Rs 1000 crore to benefit some of the operators. The whole spectrum
allocation and license fee reduction is estimated to have cost rupees
one lakh crore to the government," alleged Raja.

While addressing the curtain raiser event of Indian Telecom 2009 here
today the minister also criticized BJP leader Arun Jaitley, who has
demanded his resignation, for defending a major operator in court.

"Arun Jaitley himself appeared before the court to defend an operator.
Now his legal brain is fighting with political brain. I don't know
what will be the outcome," said Raja.

Raja slammed the previous NDA regime for allocating excess spectrum
without any approval of the Cabinet and recommendation from TRAI.

"There was no policy of issuing beyond 4.4 MHz spectrum to an operator
but there were allocation made beyond 4.4 MHz to some of the
operators," said the telecom minister.

Raja further added that despite clear orders which said that no
allocation should be made in the band of 900 MHz, NDA allocated
spectrum to some of the operators.

"The government has approved through clear orders that there should be
no allocation from 900 MHz spectrum band but willfully and ignoring
the law, this 900 MHz band was allocated to some operators during
NDA," said Raja.

"There was allocation of 250 MHz spectrum without any upfront charge.
Additionally there was no revenue sharing for allocation of spectrum
beyond 8 to 10 MHz. What we mean to say, was 250 MHz spectrum their
ancestral property? I am the first minister to say that spectrum
allocation should be done on upfront charges," said Raja.

He also said the NDA ministers did not go for TRAI recommendation and
also there was no revenue sharing.

The minister also said that the reduction in the license fee benefited
some of the operators.

However, Raja did not answer the questions on the amendment that were
made during NDA Government at the time of introduction of Unified
Access Service Licenses (UASL) on October 31, 2003, whereby it was
decided that the future licenses would not be given on 'first come
first serve' basis but should be auctioned.

On October 27, 2003, TRAI in its recommendation on UASL had opined
that on availability of additional spectrum additional players could
be added by multi-stage bidding process.

TRAI, in Section 7.39 of this recommendation, mentioned that "As the
existing players have to improve the efficiency of utilization of
spectrum and if Government ensures availability of additional spectrum
then in the existing Licensing Regime, they may introduce additional
players through a multi-stage bidding process as was followed for 4th
cellular operator."

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