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Tuesday, May 1, 2018

PIL - BMIC by NICE Scandals

DALIT   ONLINE   –  e  News  Weekly
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Editor: Nagaraja.M.R.. Vol.14..Issue.11........18  / 03 / 2018

PIL –   BMIC  by  NICE  - Prosecute  Government of Karnataka 
An Appeal to  all Honourable  Judges  of  Supreme Court of India

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2018


IN THE MATTER OF

NAGARAJA . M.R
editor   , DALIT  ONLINE ,
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysuru – 570017 , Karnataka State
....Petitioner

Versus

Government of Karnataka    &  Others
....Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,
All Honourable Judges of Supreme Court of India.

 The Humble petition of the  Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1.      Facts of the case:
In conjunction with a 1995 Trade Mission to India sponsored by the then Governor of Massachusetts, William Weld, a memorandum of understanding was signed by Consortium members, Indian officials, including then Karnataka Chief Minister, H.D.Deve Gowda, and U.S. officials, which set the stage for launching the Bangalore Mysore Infrastructure Corridor project. The Consortium, Nandi Infrastructure Corridor Enterprises (NICE), comprises the Kalyani Group of Companies, VHB International LTD. and SAB International LTD. to develop the Bangalore Mysore Infrastructure Corridor.
The project has been in controversy since the day of planning. In October 2012, the Karnataka Lokayukta ordered a probe into several former chief ministers in matters relating to irregularities in land acquisition for the project.[4]
It is planned to go through MysuruSrirangapattana,  PandavapuraMandyaMaddur,  Channapattana,  RamanagaraKengeriand Bengaluru

The Nandi Infrastructure Corridor Enterprises Road, commonly known as NICE Road and officially called Bengaluru–Mysuru Infrastructure Corridor (BMIC), is a proposed 4 to 6 lane private tolled expressway that intends to connect the two important cities  Bengaluru  and Mysuru in the Indian state of Karnataka. This is being constructed by Nandi Infrastructure Corridor Enterprises (NICE) chaired by Ashok Kheny on a Build-Own-Operate-Transfer (BOOT) basis.
       NICE  has  violated many guidelines of the project agreement  and is not in a legal position  to collect toll.  The illegalities by NICE  are upheld by Karnataka Lokayukta , Karnataka Legislature Committee. Still  the Government of Karnataka  has not referred the case to CBI and NICE company is  illegally collecting  hundreds of crores of rupees toll , etc year on year. Successive Chief Ministers of Karnataka  since 1995 are  guilty of aiding  criminal acts of NICE.
     

2. Question(s) of Law:
 Is  NICE  above  Law ? 

3. Grounds:
Requests for equitable justice. Prosecution of  corrupt  ministers    &  Corrupt  Public  Servants.

4. Averment:
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the  cases to perform their duties.


PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
 a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , in the case to perform their duties.
b. To register FIR  against  CEO  of  NICE  for  cheating Government of Karnataka.
c. To constitute an impartial  investigation team to investigate the crimes  by NICE  & illegal support extended to it by powers that be. The team must be accountable to the public.
d. to protect the  human rights , constitutional rights of advocates , petitioners who are seeking truth in the above cases.
e. to  order  NICE to give  compensation amount at market value to land lossers with penal interest.
f.to order  Government of Karnataka  to  take back excess land  illegally acquired by NICE than the original  project plan  and give it back to original land owners with penalty to be paid by NICE.
g. to initiate criminal legal prosecution against  cabinet ministers , public servants  who repeatedly  gave gross deviations  ( from original project plan ) to NICE  benefitting the promoters.
h. if the supreme court of india  further delays in  taking action , in stopping loot of poor farmers  , in stopping  cheating  of  Government of Karnataka ,  the presiding judges of Supreme Court of India will be indirectly aiding the criminals. In such a case , such  Judges will also become part of  criminal nexus and stands to be criminally prosecuted.
i . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case at the earliest.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Dated : 15th  March 2018 …………………. FILED BY: NAGARAJA.M.R.

Place : Mysuru , India…………………….      PETITIONER-IN-PERSON


7000 crore NICE scandal set to explode in Karnataka

The committee has suggested the case be handed over to the CBI or the Directorate of Enforcement, since many VVIPs, politicians, foreign investors and entrepreneurs are involved.  
The Karnataka Legislative Committee is all set to submit a possible 7000 crore bombshell before the state legislative assembly, now that it has finished its investigation into the Bengaluru peripheral ring road project of Nandi Infrastructure Corridor Enterprises (NICE). The road, commonly called the NICE road, is part of the larger Bangalore Mysore Infrastructure Corridor.

The House committee, headed by Law Minister TB Jayachandra, was formed two years ago to probe allegations of gross irregularities during the construction of the NICE road on the outskirts of the city. The committee is going to submit its final report to the government next week.

During the investigation, the committee discovered that around 135 important files, with regards to NICE activities, are missing and more than 30 top officials and politicians are involved in the scandal.

Besides the illegalities in the road construction, NICE had acquired around 553 additional agricultural plots for the construction of townships. In the acquired land, NICE has constructed hundreds of flats and sold them at its own discretion, without any permission from the BDA or the BBMP - Bengaluru's municipal authorities.

The committee has suggested that the government hand over the case to the CBI or the Directorate of Enforcement, since many VVIPs, politicians, foreign investors and entrepreneurs are involved in what appears to be a giant scam.   

Here are the main points of the report:
·         Why was an additional 2813 acres of farmland allotted to NICE for its ring road project?
·         NICE has carried out illegal quarry work in the land allotted for road construction.
·         By this illegal quarry work, NICE has unearthed 1.75 metric tons of stones.
·         Out of a total 14000 acres allotted to NICE, stamp duty was waived off for 5900 acres.
·         Around 135 files and confidential documents with regard to NICE' activities have disappeared.
·         More than 30 top officers are involved in the NICE illegalities.
·         NICE was allotted 553 additional farmland in the name of township construction.
·         Instead, apartments were constructed in the land allotted for the construction of the township and sold to private parties.
·         It is estimated that NICE made an illegal profit to the tune of  7000 crore.
Suggestions given by the committee:
·         Confiscate the toll charges collected since 2012.
·         Collect royalty of 300 crore for conducting illegal quarry work.
·         Further investigation to be handed over to the CBI or the Directorate of Enforcement.
·         Cancel the Bangalore Mysore Infrastructure Corridor Area Planning Authority (BMICP), which allotted the Bangalore-Mysore Infrastructure Corridor to NICE.
·         Government should acquire all the additional lands that were allotted to NICE.

Supervisory panel to implement report on NICE road project


The state government has decided to constitute a supervisory committee to implement the Legislature Committee Report on Bangalore-Mysore Infrastructure Corridor (BMIC) project being carried out by Nandi Infrastructure Corridor Enterprise (NICE).
The committee has recommended a probe by the Central Bureau of Investigation (CBI) or the Enforcement Directorate into the alleged irregularities by NICE.
The committee stated, “Considering the current status of the project, amendments and modifications to the project profile and irregularities in framework of agreement management, there is an urgent need to institute an enquiry fixing accountability and also for taking remedial measures.” The 391-page report was tabled in the House during the recent Belagavi session of the state legislature. The 11-member committee was headed by Law and Parliamentary Affairs Minister T B Jayachandra. The committee has found violations of 24 out of 30 guidelines laid down in the original framework of the agreement entered between the state government and NICE.
Based on the survey, the House committee recommended dropping of 1,160 acres of both private and government land from the project. It also said land meant for inter change connectivity has been misused by the company, thereby earning an illegal revenue of `4,956 crore.



ILLEGALITIES IN BANGALORE-MYSORE EXPRESSWAY PROJECT BMIC by NICE

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?

Editorial : BMIC by NICE & land scams  in Karnataka  – an appeal to honourable supreme court of India & H.E.Honourable Governor Of Karnataka

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 Previous legislative assembly probed  the land grabbings in Karnataka & gave it's report to the government . 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.

Questions Bangalore DC , BBMP Commissioner , BDA  Commissioner &  KIADB  Chairman are not answering & HIDING TRUTH , COVERING-UP CRIMES
Questions Mysore  DC , MCC Commissioner &  MUDA  Commissioner  are not answering & HIDING TRUTH , COVERING-UP CRIMES

Hereby , DALIT  ONLINE  urges the  concerned authorities  , to answer the following questionnaire about BMIC project by NICE

Hereby , DALIT  ONLINE  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. Jai hind . vande mataram.
Your's sincerely,
Nagaraj.M.R.


Edited, printed , published owned by NAGARAJA.M.R. @  # LIG-2   No  761, HUDCO  FIRST  STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017  KARNATAKA  INDIA     Cell : 91 8970318202

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