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 Mysuru, Srirangapattana,
Pandavapura, Mandya, Maddur, Channapattana,
Ramanagara, Kengeriand 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

http://sites.google.com/site/sosevoiceforjustice/rti---bda-bbmp-kiadb
,http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/,
Questions Mysore DC , MCC Commissioner & MUDA Commissioner are not
answering & HIDING TRUTH , COVERING-UP CRIMES

http://sites.google.com/site/sosevoiceforjustice/rti---muda-mcc , http://crimesofmuda.blo
gspot.com/ , http://manivannanmuda.blogspot.com/, http://crimesatmudamysore.wordpre
ss.com/

Hereby , DALIT ONLINE urges the concerned authorities , to answer the

following questionnaire about BMIC project by NICE

http://www.vijaykarnatakaepaper.com/svww_zoomart.php?
Artname=20100214a_009101001&ileft=50&itop=56&zoomRatio=130&AN=2010
0214a_009101001

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

WhatsApp 91 8970318202

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