Tuesday, May 08, 2007

How NIMHANS land fell prey to land mafia

How NIMHANS land fell prey to land mafia
By R Krishnakumar, DH News Service, Bangalore:
The Ramaswamy Committee has raised serious concerns with regard to the violation, backed by the BMP officials who “deliberately failed” to verify the land ownership records.

In a City fast becoming a land-grabber’s haunt, it’s not just the average Joe who’s falling prey to the land mafia machinations. If findings by the A T Ramaswamy Committee (as part of its impending final report on land encroachment) are indication, encroachers don’t go by the property owner’s name, even if it happens to be National Institute for Mental Health and Neuro Sciences (NIMHANS).

Land measuring 9,004 sq m in Byrasandra village, Uttarahalli hobli (Bangalore South Taluk) belonging to the premier institute since 1987 was encroached upon in 1995. And thanks to a lackadaisical approach by the erstwhile Bangalore Mahanagara Palike (BMP), the encroacher - K V Shivakumar - even started building an apartment complex on the land, based on a building plan cleared by the BMP.

The Ramaswamy Committee has raised serious concerns with regard to the violation, backed by the BMP officials who “deliberately failed” to verify the land ownership records. The construction of the apartment complex, near Sanjay Gandhi Hospital, has been stalled after the Committee’s rap.

The roots of the violation, like in many cases probed into by the Committee, go a long way. In 1990, Corporation officials, acting on an application by two individuals - Ramakka and Lakshmamma - effected a change of khata on survey numbers 2/2, 2/3, 2/4 and 2/5 (measuring about five acres and 15 guntas) in the two women’s favour. This, when the government had on October 9, 1987 handed over the land to NIMHANS for constructing an OPD building.

In 1994, Y N Nanjappa, Chairman, Standing Committee (Works), Bangalore Corporation challenged the ownership and subsequently, the khata was revoked. This notwithstanding, Ramakka and Lakshmamma were able to ‘sell’ the property to Mr Shivakumar, in 1995. Following a City Civil Court order in 1997, the khata was again revoked in favour of the two women.

The duo followed it up with an application to club the khatas in 1998.

According to the Committee, the Corporation officials, instead of rejecting the application, passed the orders in favour of the two women.

After the ‘sale’, Mr Shivakumar added to the violation. Though he had ‘bought’ only 22 guntas, khatas for all the survey numbers were made in his name. Further, he applied for a building plan for 14,776 sq m (that also covers land out of NIMHANS’ ownership), as against the 2,229 sq m for which he had registered sale deeds.

The plan was not only sanctioned, but Mr Shivakumar went ahead with construction of the apartments.

The Committee has rapped the Corporation officials for ‘grossly violating’ the Urban Land Ceiling Act and the Land Reforms Act. Action against the culprits will depend on the recommendations made as part of the Committee’s final report.

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