The Supreme Court bench consisting of Justice S.A.Bobde and Justice L.Nageshwar Rao today considered the Special Leave Petition filed against the Order of the High Court of Karnataka which had quashed the order of investigation passed by the Special Lokayukta Court order dated 25th October, 2012 on the grounds that all the issues raised in the Complaint attracted the rejection on the ground of Res-Judicata. The Supreme Court today allowed the SLP and ordered the issue of Notice to the respondents Ashok Kheny, Shivakumar Kheny, Babasaheb Kalyani, NICE, NECE & the State of Karnataka.
The Lokayukta Court had ordered an investigation against H.D.Devegowda, Baba Kalyani, Ashok Kheni, R.V.Deshpande, Shivkumar Kheny, S.M.Krishna, B.S.Patil, T.Sham Bhat, C.M.Udasi, D.K.Shivakumar, NICE, NECE, Subhir Hari Singh, Kongawad, former Chairman of ICICI Narayan Vagul, M/s.ICICI Bank & Others for their involvement in the illegalities perpetuated in the name of the execution of the Bangalore Mysore Expressway Project. The criminalities ordered to be investigated were:
The iillegal addition of the additional 5th Township (4,285acres) when the total number of Townships legally recommended by the HLC, Finance department and the Cabinet Sub-committee, after extensive rounds of deliberation and consideration, was for the grant of only 4 townships.
When the actual and legal land requirement for the aforesaid 5 townships (additional township included) were only 13,194 and 5,119.37 acres for the roads (totaling to18,313.37 acres). This extent of 18313.37 acres got inflated, through means of illegal, corrupt, falsification and forgery of records to 20,193 acres.
The records were illegally manipulated to show lesser extent of government lands as available, to suit the purpose of the Accused-promoters to obtain Government lands at a lease rate of Rs.10/- per Annum, per Acre (which was otherwise to be purchased at market rates by the Accused) and mysteriously the same missing government land figures stood resurrected when it came to the issue of a G.O notification, a wholly different and higher number of government lands came on record – the only explanation being, in both cases, the promoters benefit illegally.
The corrupt realignments of routes so as to solely facilitate the corrupt interests of the Accused-promoters. The realignment of the Peripheral Road proposed in 1999 was a premeditated criminal conspiracy going back to 1997 itself which was a deliberate and premeditated criminal conspiracy aimed at robbing lands close to and around Bangalore alone.
After 1931 acres of government lands were transferred to the Accused on 4/07/2002 on a mere payment of Rs.19,310/- at the rate of Rs.10/- per annum, per acre, the same was mortgaged with the ICICI bank on 27/11/2002 to raise a loan of Rs.150 Crores and that the said sanction of Rs.150 Crores was not on the strength of the documents pertaining to the 1,931 acres of Government lands, which had a practical value of just Rs.19,310/- but on the strength of a premeditated Illegal Conspiracy/Agreement/Contract entered into between the Accused and the ICICI banks to get additional lands acquired Robbed, (2,605 acres of private lands on the Peripheral Road and Link Road) which was 1234 acres of excess Private lands belonging to the ordinary citizens (farmers) illegally on the Peripheral Road and Link Road for the purpose of raising finance for the (penny-less) Accused person.
The criminal conspiracy and nexus emerged between the KIADB and NICE to knowingly facilitate notification of additional lands illegally (2,605 acres) to fulfill a illegal and corrupt commitment by the Accused to its private banker- ICICI bank, that additional lands would be illegally got (2,605 acres) to satisfy their illegal contract,
The obtaining of a sanction for Stamp Duty Exemption in respect of 5,850 acres spread over 5 Townships and in its place, issue of Orders for 14,337 acres of private lands and further manipulating the issuance of Government Order exempting Stamp Duty in respect of the entire extent of 20,193 acres at the cost of the state exchequer, benefiting the Accused,
A Tripartite Agreement and Assignment Agreement came to be created to act as a smokescreen by assigning Non-Existent rights to a new entity to Sell lands along the Toll Roads,
The Toll that came to be collected illegally from 29/03/2010 onwards without even adhering to the essential condition- that there be a construction of concrete road, by intentionally tampering with the Cabinet notes and deliberately violating the Cabinet decision,dated 4/11/2012 which granted the Accused permission to start the construction of Tar Road initially, instead of the Concrete Road which and to collect toll after 29/03/2013 only on a Concrete road was a must.
That the Outline Development Plan was not at all prepared by the Government, yet sadly till this date the Government departments and even the Courts are considering a plan prepared by NICE, believing it as the one prepared by the Government.
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