The Hindu : Karnataka / Bangalore News : `Encroachment': notice issued to former Minister

Online edition of India's National Newspaper
Thursday, Jun 22, 2006

Karnataka

Karnataka - Bangalore

`Encroachment': notice issued to former Minister

Staff Reporter

High courtround-up PIL petition seeks reclamation of the land

BANGALORE: The Karnataka High Court on Wednesday ordered issue of notices to Varthur MLA and former Minister A. Krishnappa on a public interest litigation (PIL) petition seeking action against the alleged encroachment of government land in the State and a Central Bureau of Investigation (CBI) inquiry into the Rs. 150-crore scam in K.R. Puram and Mahadevapura CMCs. The petitioner, H. Basavaraj, claimed that he was a former general secretary (labour cell) KPCC AW Forum, Bangalore.

In his petition, Mr. Basavaraj prayed for a direction to the State Government to take remedial and practical action to reclaim government lands which had been encroached upon by bureaucrats, individuals and politicians in the State.

CBI probe

He also sought a CBI investigation into the Rs. 150-crore scam in K.R. Puram and Mahadevapura CMCs.

Mr. Basavaraj alleged that Mr. Krishnappa had amassed wealth disproportionate to his known sources of income and sought a probe into it.

He alleged that land grabbing had been going on in the area under the guidance of Mr. Krishnappa.

A Division Bench comprising Justice B. Padmaraj and Justice S. Abdul Nazeer said it was of the view that "notices in the matter has to be ordered to the respondents as valuable property is alleged to have been booked out to certain vested individuals."

Apart from Mr. Krishnappa, it ordered issue of notices to the State Government, Deputy Commissioner, Bangalore Urban, and others and adjourned further hearing on the matter by four weeks.

Relief

In a major relief to granite tile units, the Karnataka High Court on Wednesday held that the activity of cutting and polishing of rough granite blocks could not be called as manufacturing activity.

Justice Mohan Shantangouder passed the order on petitions by Visvakarma Granite Tiles of Bagalkot and several other granite tile units which had challenged the assessment orders and penalty levied on them by the Commissioner of Commercial Taxes.

The circular was issued on December 11, 2003 under Section 3-A (2) of the Karnataka Sales Tax Act, 1957 after a Supreme Court judgment.

Supreme Court order

The Supreme Court had said that "Cuddapah, Shahabad and marble are stones of special value in the market and their marketable quality is enhanced by polishing and cutting. But the substance of the material is not altered."

Citing this judgment, Mr. Justice Mohan Shantanagouder said cutting, sizing and polishing of Cuddapah, Shahabad and marble stones could not be labelled as manufacturing of a new product.

He quashed the December 11 order reassessing the amounts due to the Commercial Tax Department and also the penalty they had levied.

Dismissed

A Division Bench comprising Mr. Justice Padmaraj and Mr. Abdul Nazeer on Wednesday dismissed two public interest litigation (PIL) petitions seeking a direction to hold elections to Gulbarga and Belgaum corporations only after the process of delimitation was completed.

The petitioners, Bharmraj S. Paramaraj and two others from Belgaum and Syed Jaffer and four others of Gulbarga had sought a direction to the State Election Commission and the State not to conduct elections to the two local bodies till the process of delimitation was completed.

The Bench said in a democracy holding elections was in public interest.

Stalling the elections was not in public interest. It said the elections should be held as per the constitutional mandate. It said a PIL petition was not maintainable as no public interest was involved in such issues.

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