Bengaluru:Karnataka Governor Thaawarchand Gehlot on Saturday granted sanction for the prosecution of Chief Minister Siddaramaiah in connection with Mysuru Urban Development Authority (MUDA) site allotment 'scam'.
"The Governor has granted sanction for prosecution against the Chief Minister. It is based on three petitions filed by -- T J Abraham, Pradeep Kumar and Snehamayi Krishna," a senior official at the Raj Bhavan told PTI.
The Governor's secretariat has written to Pradeep Kumar S P, T J Abraham and Snehamayi Krishna about the decision of the component authority on the request for sanction of prosecution against Siddaramaiah, under section 17 of the Prevention of Corruption Act, 1988 and section 218 of Bharithiya Nagarika Suraksha Samhitha, 2023 for the commission of alleged offences mentioned in the petitions.
A special meeting of the state cabinet has been called at 5 pm today, following the Governor's decision. According to official and Congress sources, the Chief Minister will legally fight the prosecution sanction accorded by the Governor. Siddaramaiah has repeatedly said that the Congress government led by him is ready to fight legally and politically, in case the Governor rejects the Cabinet's advice to withdraw the "show cause notice" to him, and grants permission for prosecution.
Based on a petition filed by advocate-activist T J Abraham, Governor Thaawarchand Gehlot had issued a "show cause notice" on July 26 directing the Chief Minister to submit his reply to the allegations against him within seven days as to why permission for prosecution should not be granted against him.
The Karnataka government had on August 1 "strongly advised" the Governor to withdraw his "show-cause notice" to the Chief Minister and alleged "gross misuse of the Constitutional Office ' of the Governor.
Addressing reporters after the meeting of the Council of Ministers on August 1, Deputy Chief Minister D K Shivakumar had said the Governor failed to take note of the fact that Abraham comes with criminal antecedents having criminal cases of blackmail and extortion registered against him.
In the MUDA 'scam', it is alleged that compensatory sites were allotted to Siddaramaiah's wife Parvathi in an upmarket area in Mysuru, which had higher property value as compared to the location of her land which had been "acquired" by the MUDA. The MUDA had allotted plots to Parvathi under a 50:50 ratio scheme in lieu of 3.16 acres of her land, where MUDA developed a residential layout.
Under the controversial scheme, MUDA allotted 50 per cent of developed land to the land losers in lieu of undeveloped land acquired from them for forming residential layouts. The BJP leaders have claimed that the MUDA "scam" is of the magnitude of Rs 4,000 crore to Rs 5,000 crore.
The Congress government on July 14 constituted a single-member inquiry commission under former High Court Judge Justice P N Desai to probe the MUDA 'scam'. The opposition BJP and JDS held a week-long 'padayatra' earlier this month from Bengaluru to Mysuru demanding the resignation of Siddaramaiah in connection with the scam.
What is the Karnataka MUDA scam?
The Mysuru Urban Development Authority (MUDA) is under investigation for possible unfair practices in giving out land as compensation for taking over private property. The issue became more serious when it was alleged that Parvathi, the wife of Karnataka Chief Minister Siddaramaiah, received 14 residential plots in a high-end area. This has raised questions about whether the process was fair and legal.
Background of MUDA
MUDA, originally called the City Improvement Trust Board (CITB) when it was created in 1904, is responsible for urban planning and development in Mysuru. One of its roles is to acquire land for residential layouts. However, MUDA has faced legal problems due to incomplete land acquisitions.
Compensation Challenges
Because of financial problems and ongoing lawsuits, MUDA has had trouble properly compensating people who lost their land. In 2020, the High Court ordered MUDA to return land it had taken illegally, prompting MUDA to find other ways to compensate landowners.
The 50:50 Ratio Scheme
To address financial issues, MUDA started a 50:50 ratio scheme in 2020. This plan gives 50% of the developed land to the original landowners and allows MUDA to keep the other half. This helps MUDA partially compensate for the land taken.
Allegations of Misuse
While this scheme aimed to make land allotment fairer, there have been allegations of unauthorized allocations and involvement of middlemen. Critics claim some people benefited improperly from this scheme without proper checks.
Involvement of Siddaramaiah and Parvathi
Parvathi Siddaramaiah, the wife of Karnataka Chief Minister Siddaramaiah, received 14 residential plots as compensation for land acquired for development. This has drawn scrutiny due to her political connections, with opposition parties questioning the fairness and legality of this allotment compared to other land values in the area.
Opposition’s Response
The BJP and JD(S) parties have accused the ruling Congress party of corruption and mismanagement, demanding an investigation by the Central Bureau of Investigation (CBI). They have organized protests to raise awareness of the issue. The state government has acknowledged the need for an investigation and has announced a one-man judicial commission to look into the alleged irregularities. However, opposition leaders are skeptical, claiming this is just a way to protect the current government.
What Has Siddaramaiah Said?
In his response to the BJP's offensive, Chief Minister Siddaramaiah has said his wife was awarded compensation when the BJP was in power and that it was her right. "They (BJP) are the ones who gave the site, now if they call it illegal, how should one respond? They took away our land and parks were made there, and those sites were allocated to others. Should we give up our land because I am the Chief Minister.
How has the government responded?
Even as Congress leaders have been claiming that leaders of BJP and JD(S) too have been beneficiaries of MUDA site allotment, the State Government has announced a one-man judicial commission headed by retired judge of Karnataka High Court P.N. Desai to probe into the alleged irregularities and submit its report in six months.
While JD(S) leader and former MUDA Chairman S.R. Mahesh said irregularities in the MUDA can never be brought to light by either the Government inquiry or the judicial probe, Union Minister for Heavy Industries and Steel H D Kumaraswamy said the judicial commission announced by the Government is aimed at only safeguarding Mr. Siddaramaiah’s interests.
Problems with scheme
The 50:50 scheme introduced by MUDA in November 2020 came under severe criticism from various quarters several months ago, forcing the State government to issue orders against allotting sites under it to land-losers.
Urban Development Minister Byrathi Suresh said he issued orders to MUDA against allotting sites under the scheme in October and December 2023. But, allotment of sites to land-losers under the scheme continued. A large number of sites had allegedly been allotted illegally to persons claiming to be land-losers. Apart from the role of middlemen, the active connivance of MUDA officials has been suspected in the alleged scam.
MLA for Krishnaraja T.S. Srivatsa shared copies of MUDA ordering allotment of sites to two land-losers. In one of the orders dated June 15, 2024, then MUDA Commissioner Dinesh Kumar awarded 98,206 sq. ft of developed land to the heir of the original owner of the 8.14 acres of land that had been acquired by MUDA for the development of Gokulam layout. The acquisition proceedings for Gokulam layout in Mysuru started in 1968.
In another order, dated October 7, 2023, the MUDA Commissioner had awarded a total of 81,670 sq. ft of developed land to the wife of the owner of a parcel of land measuring 7.03 acres to acquire which MUDA had started proceedings in 1989.
Mr. Srivatsa said the orders issued by MUDA for allotting such large parcels of developed land in the upmarket residential layouts in the city in lieu of the land whose physical possession MUDA had taken several years ago had several loopholes. “In one case, the application for allotment of land by the land-loser had been made after the actual orders were issued,” he said.
In some instances, land-losers had been allotted sites far in excess of their entitlement, according to sources. If a land-loser is entitled to 30 sites of 30x40 ft dimension in accordance with the quantum of land acquired by MUDA, she or he would be allotted 60 sites of 30x40 dimension.
How CM’s family figures
Mr. Siddaramaiah’s wife owned about 3 acres and 16 guntas of land at Kesare near the Outer Ring Road in the northern part of Mysuru city. After developing Devanur 3rd Stage, also known as Rajeev Nagar 3rd Stage, on the land belonging to Ms. Parvathi and distributing the sites created in the layout, MUDA in 2021 ordered allotment of residential sites measuring a total of 38,284 sq. ft, under its 50:50 scheme for land-losers, to her.
Under the 50:50 scheme brought in by MUDA in November 2020, land-losers are entitled to 50% of the developed land. Out of every acre of undeveloped land, about 23,000 to 24,000 sq. ft of developed land is available for residential sites while the remaining is set aside for utilities. “So, under the 50:50 scheme, the available developed land is equally divided among MUDA and the land-loser, each of whom is entitled to around 11,500 to 12,000 sq. ft for every acre,” said sources in MUDA.
But, MUDA’s decision to allot 14 sites residential sites measuring a total of 38,284 sq. ft. to Ms. Parvathi at its Vijayanagar 3rd and 4th Stage layouts situated in the southern part of Mysuru has raised questions. For, the market value of residential sites at Devanur 3rd Stage layout in northern and northeastern parts of the city is much less compared to that of sites at Vijayanagar 3rd and 4th Stage layouts. Mr. Siddaramaiah, however, has claimed that MUDA allotted sites at Vijayanagar as sites were not available in Devanur 3rd Stage layout. Also, he has emphasised that the alternative sites were allotted to his wife under the 50:50 scheme during the BJP regime.
Byrathi Suresh releases details of land allotted in Mysuru
66 The Mysore Urban Devel-opment Authority (MUDA) allotted sites to many opposition leaders", said Urban Development Minister Byrathi Suresh. He said, speaking at a press conference, "The BJP and MS leaders and their supporters were allotted many sites in Mysu-ru". He presented the supporting documents. He read out a list of the leaders of the opposition parties and their supporters who benefitted. "There is no scam in MUDA. BJP and JDS are trying to create a scam artificially. And, these MPs are also raising this issue in Parliament. But they never questioned the injustice caused to the 7.50 crore people of Karnataka", he said. He accused the leaders of both the parties of "using the assembly for their politics", adding, "now, they are also using the Parliament in the same way".
Allotted sites
- Allotted sites to H D Deve Gowda and his aides "In 1984 H D Deve Gowda and his family members and aides were allotted many sites from MUDA", said Byrathi Suresh. He released a list of the allotted sites in the press conference.
- Name: H D Kumaras-wamy Relation: Son Location of site: Indus-trialArea 3rd Stage Site No: 17B Area 300x300 feet Year of allotment: 1984
- Name: Jayamma w/o Honnappa Relation: Mother-in-law of his first son Location of site: Saras-wathipura Site No: 1796 Area: 50x70 feet Year of allotment: 1984
- Name: Prameela, D/o of Javaregowda Relation: sister Location of site: Saras-wathipura, 4th Block Site No: 211
- Area: 40x50 feet Year of allotment: 1984
- Name: Susheelamma. daughter of wife's sister (minor) Location of site: Saras-wathipura, 4th Block Site No: 726/H Area: 40x60 feet Year of allotment: 1984
- Name: Dharmapal. close relative Location of site: Saras-wathipura, 4th Block Site No: 935, 932 Area: 40x60 feet Year of allotment: 1984
- Name: B C Hemavathi, close relative Location of site: Saras-wathipura, 4th Block Site No: 79
- Area: 40x60 feet Year of allotment: 1984
- Name: B L Shankar, supporter Location of site: Banni-mantapa Site No: 1199 Area: 50x80 feet Year of allotment: 1984
- Name: M Rajendra. close relative Location of site: Mysuru Site No: 1799 Area: 50x80 feet Year of allotment: 1984
- Name: K P Susheela, close relative Location of site: T Block, Jayanagar Site No: 352/N Area: 50x60 feet Year of allotment: 1984
- Name: Pushpavathi, close relative Location of site: T Koppalu, Mysuru Site No: 158 Area: 30x40 feet Year of allotment: 1984
- Land allotted to opposition leaders Name: C N Manjegowda Village: Hinkal Survey No: 337 Area: 1 acre
- Name: G T Devegowda Village: Eranagere Survey No: 14/1 Area: 2 acres and 25 guntas
- Name: G T Devegowda Village: Eranagere Survey No: 14/1
- Area: 2 acres and 25 guntas
- Name: G T Devegowda Village: Madagalli Survey No: 17 Area: 1 acre
- Name: C N Manjegowda Village: Devanur Survey No: 91 Area: 2 acres and 25 guntas
- Name: U N Shekhar Village: Nachanahalli Survey No: 20 and 24 Area: 1 acre and 26 guntas
- Name: C N Manjegowda Village: Kesare Survey No: 450 Area: 4 acres and 15 guntas
- Name: H Vishwanath Village Belavetta Survey No: 32 Area: Half gunta
- Name: Gangaraju Village: Hutagalli Survey No: 40/1 Area: 1.50 guntas
- Name: Gangaraju Village: Kuppaluru Survey No. 36/1 Area: 16 guntas
- Name: C N Manjegowda Village: Mysuru Survey No: 86 Area: 7 acres and 8 guntas
- Name: Ju. Mahadevas-wamy Village: Hinkal
- Survey No: 255/1 and 257 Area: 34 guntas
- Name: BGS Village: Malalavadi Survey No: 7/1A Area: 11 guntas
- Name: Ju.Shivakumar Village: Ayyajanahundi Survey No: 16 Area: 9 guntas
- Name: Sa Ra Mahesh Village: Dattagalli Survey No: 130-3 Area: 9 guntas
- Name: Sa Ra Mahesh Village: Bogadi Survey No: 170, 171. 173 Area: 2 acres and 11 guntas
Governor's Notice Muda scam
Karnataka Governor Thaawar Chand Gehlot has issued a show-cause notice to Chief Minister Siddaramaiah as a precursor to sanctioning his prosecution in the Mysuru site allotment scam, rattling the ruling Congress whose boss is facing arguably his most difficult political headwinds.
Governor Thaawarchand Gehlot yet to take action on the petition filed by activist TJ Abraham seeking his sanction to prosecute Chief Minister Siddaramaiah in connection with the alleged scam in the Mysuru Urban Development Authority (MUDA), speculation is rife about the former referring the case to the Central Bureau of Investigation (CBI) for a probe.
In response to the petition by Abraham on July 26, the Governor had issued a show-cause notice to the CM on the same day seeking a reply. But on August 1, the Council of Ministers, in Siddaramaiah’s absence, had passed a resolution advising the Governor to withdraw the show-cause notice and reject the petition.
Whether the Governor gives sanction for prosecution or refers the case to the CBI remains to be seen.
Governor Gehlot has taken the opinion of the legal advisors to ensure that there is no friction between the Raj Bhavan and the State Government, said a Constitutional expert.
Complaint against Siddaramaiah in court
A criminal complaint has been filed against Karnataka Chief Minister Siddaramaiah in connection with the alleged MUDA scam. Siddaramaiah has been accused of misuse of power to forge documents to claim the MUDA land as his family property.