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Karnataka High Court extends stay on trial procedings against Siddaramaiah

By, Bengaluru
Sep 03, 2024 09:14 AM IST

The Karnataka high court on Monday extended the interim stay on the trial court proceedings against chief minister Siddaramaiah in connection with the alleged MUDA is

The Karnataka high court on Monday extended the interim stay on the trial court proceedings against chief minister Siddaramaiah in connection with the alleged Mysore Urban Development Authority (MUDA) issue, till September 9.

The Karnataka high court on Monday extended the interim stay on the trial court proceedings against chief minister Siddaramaiah in connection with the alleged Mysore Urban Development Authority (MUDA) issue, till September 9. (PTI)
The Karnataka high court on Monday extended the interim stay on the trial court proceedings against chief minister Siddaramaiah in connection with the alleged Mysore Urban Development Authority (MUDA) issue, till September 9. (PTI)

Justice M Nagaprasanna was hearing the chief minister’s petition challenging the legality of governor Thawar Chand Gehlot’s sanction for his prosecution in the MUDA issue.

Senior advocate KG Raghavan appearing for social activist Snehamayi Krishna, one of the complainants in the MUDA issue, told the high court that rules were amended and compensation paid to chief minister Siddaramaiah’s wife without asking for any proof of ownership of the land, for which she had sought relief.

Making his submissions before justice M Nagaprasanna, Raghavan said: “If an ordinary citizen had come, what would the authorities’ reaction be? They would have asked them to prove their title. But here, nothing was asked, rules were amended, and compensation was paid for 50% of the extent of land.”

Solicitor General Tushar Mehta concluded the submissions on behalf of the governor. Senior advocate Maninder Singh and Prabhuling K Navadgi made submissions on behalf of the complainants (respondents) who had sought the prosecution sanction.

On September 9, advocate-general Shashi Kiran Shetty will make his submissions followed by senior counsel Abhishek Manu Singhvi appearing for Siddaramaiah on September 12.

“This issue shouldn’t stretch too much. We have vacations from October 1. Volumes after volumes have been given. We have stalled the proceedings there, it is not right,’’ justice Nagaprasanna said.

Substantiating his argument on the purported preferential treatment to Siddaramaiah’s wife, Raghavan said one Devaraju, who claimed to be the owner of 3.16 acre of the contentious land in question in Kesari grama in Mysuru had sought its denotification on August 30,1997. MUDA acquired the land on March 30, 1998 but denotified it on May 18, 1998. “Where is the question of denotification if the property vested with the government?’’ he asked.

After the denotification, Devaraju had allegedly sold it to BN Mallikarjunaswamy, brother-in-law of the chief minister in 2004. After getting the land converted, Mallikarjunaswamy had gifted it to his sister, wife of the chief minister. It is on the basis of these documents that the sister sought compensation saying the MUDA had encroached on her land and 14 alternative plots were given to her, Raghavan added.

He further said if all the above arguments were kept aside, the question arises under what rules the compensation was decided. The compensation should have been a 60:40 rule that was applicable from 2003 to 2009. “How was the 50:50 rule (land losers are given 50% of the developed land) applied that came into effect in 2015. It is said that property is worth 3.24 lakh. What is the value at which the 14 sites are given? No application of mind by authorities! You will exchange cheese for chalk? That is what is being done, that is the allegation. You gave cheese to chalk! You have given them valuable property for property that is very much less in value than the property given,’’ he said.

During all these transactions, Raghavan said, Siddaramaiah was the deputy chief minister from 1996 to 1999 and from 2004 to 2005 followed by his first stint as chief minister from 2013 to 2018. “Did you (Siddaramaiah) play any role in that regulation and decision? That needs to be looked into. And even if that role is miniscule, it has to be investigated,’’ he added.

“Heard the learned senior counsel K G Raghavan, the learned advocate general seeks a week’s time to make his submissions. List the matter on September 9 at 2:30 pm. Interim order granted on August 19 shall continue till the next date of hearing,” Justice M Nagaprasanna said.

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