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Showing contexts for: BMIC Project in M/S Nandi Infrastructure Corridor ... vs State By Lokayuktha Police on 27 June, 2013Matching Fragments
3. The petitioners are arraigned as Accused no. 3, 4, 13, 14 and 44. The Complainant has named a total of 104 persons as the accused. The gist of the complaint is as follows :
The complainant is a private citizen seeking to bring to light alleged large scale illegalities and irregularities in the formation of the contract and the execution thereof, pertaining to the Bangalore - Mysore Expressway, otherwise known as the Bangalore Mysore Infrastructure Corridor Project (BMIC).
The complaint is structured into Chapters 1 to 8.
CHAPTER - 1: Increase in extent of lands in the Frame work Agreement contrary to the Government Order dated 20.11.1995 It is alleged that Shri H.D. Devegowda, the former Prime Minister of India, during his tenure as the Chief Minister of Karnataka had, along with his cabinet colleagues, granted rights to a foreign led consortium headed by Baba Saheb Kalyani, Ashok Kheny and Richard Hangen, Accused No.3, 4 and 5, respectively, without verifying their antecedents and their personal financial strength and their capacity for arranging the promised investment of Rs.1,583 crore to implement the Bangalore Mysore Infrastructure Corridor (BMIC) project in Karnataka. The acts and decision of Accused No.1 had resulted in Accused 3, 4 and 5 plundering the wealth of Karnataka. It is alleged that since the Asian Development Bank (ADB) had refused to finance the same project as not feasible, during 1988, that private participation had become relevant. Accused No.1 and his Cabinet Colleagues had granted rights to Accused No.3, 4 and 5 based on the face value of Mr.William Weld, the then Governor of the State of Massachusetts, USA, A-2, who came to introduce Accused No.3, 4 and 5 in the name of strengthening the bilateral ties between the two countries.
CHAPTER - 2 : Manipulation of records to show lesser extent of available Government land to acquire increased extent of Government lands at minimal lease rent, appropriated to the project Although the entire Government Land required for the BMIC project was identified and found available according to the Government Order of 27.03.1997, Accused No. 3, 4, 13 and 14 in association with Accused No.6, misrepresented before the 1st and 2nd Empowered Committee and in a review meeting of the BMIC project before the then Chief Minister Late J.H. Patel and the then Deputy Chief Minister Accused No.10, of non- availability of sufficient Government Lands. Accused No.10, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and Govindaraj - Accused No.29 are said to have subscribed to the idea of non-availability of Government lands, floated by Accused No. 3, 4, 13 and 6 and fraudulently brought about a reduction in the extent of lands for the record. Accused No.6 during July 1999 had quit the Government and officially and publicly joined Accused No.13 as its Advisor, publicly associating with Accused No.3, 4, 13 and 14. The Accused No.8, 9, 27 and 24 held a series of meetings with Accused No.3, 4, 6, 13 and 14, only to emphasize the alleged non-availability of Government lands. The direction of Accused No.24 given in the meetings to the Deputy Commissioner, Bangalore, to modify the Official Memorandum was a deliberate illegal act, as it was aimed at robbing highly valuable, hundreds of acres of government lands in Bangalore without government approval. Accused No. 8, 9, 27 and 24 had prepared a Cabinet Note, reducing Government lands from the available 6,956 acres to 4,460 acres and submitted it to the Cabinet for approval. The Cabinet headed by the then Chief Minister late J.H. Patel and his Cabinet Colleagues, including the Accused No. 10, 12 and 90 negligently agreed to the Cabinet Note and approved the fraudulent proposal of non-availability of Government Lands, to ensure illegal benefit to Accused No.3, 4, 6, 13 and 14. Further, Accused No. 8, 9, 27 and 24 had intentionally entered in the Government Order the availability of 5,688 acres of Government Lands instead of the approved extent of 4,460 acres on 07.10.1999. Accused No.3, 4, 6, 13, 14, 8, 9, 27 and 24 conspired in causing a loss by fraudulently granting government lands at Rs.10/- per acre, per annum, recording false information in the Government Order. Accused No.101, on a mere oral direction of Accused No.24 at a meeting, had issued two Official Memoranda granting 1,327 acres and 1,702 acres, respectively. This Accused No.101 was the Chief Architect of the handing over a additional (1,702-1,075) 627 acres of land for the benefit of NICE, a blatant corrupt practice. Valued at an average market rate of Rs.3 crore per acre, it would amount to an illegal gain of around Rs.1,881 Crore. Thus Accused No.4 assisted by Accused No.6, 24 and 101 colluded with Accused No.4 and 14 to lay claim to 627 acres of additional government lands in Bangalore (1702-1075=627).
In this regard, it is pertinent to take note of the attention the apex court has given to the controversies surrounding the BMIC Project - especially in the case of State of Karnataka v. All India Manufacturers Organization, AIR 2006 SC 1846; A three judge bench decision.
The apex court has briefly stated the sequence of events commencing with the invitation of tenders for the Bangalore - Mysore Expressway, up to the date of its judgment. While also discussing the merits of the contentions in appeals against Orders of this Court dismissing several Public Interest petitions pertaining to BMIC. Therefore the better part of the judgment is reproduced for useful reference :