Mahithi Hakku Adhyayana Kendra conducted a Social Audit on the registration of
revenue properties in Bangalore City after collection about 380 Compact
Diskettes of data of about 18000 properties registered in Bangalore city from
1.4.2007 to 31.12.2007. MHAK also collected documents running into 4000 pages
from various authorities viz., Inspector Generalof Registration and
Commissioner of Stamps and also from the Secretary to Government, Revenue
Department. More than 40 complaints and 8 appeals were filed before the
Karnataka Information Commission for securing information under Right to
Information Act, 2005. Cases were heard by all the three bences of KIC headed
by its Chief Information Commissioner Mr. K K Misra, Sri. K A Theippeswamy and
Dr. H N Krishna. After a prolonged struggle and legal battle, Karnataka
Information Commission ordered for providing copy of CDs relating to Sale Deeds
registered in various offices of the Sub-Registrars in Bangalore City. MHAK
submitted various reports on irregularities in registration of Revenue Sites
in violation of Karnataka Land Reforms Act to the Government as well as to
Governor of Karnataka. The report indicted inefficiency of two senior
beaurocrats in the Revenue Department. As a result of which detailed
investigation was conducted and finally Inspector General of Registration
submitted his report to the Governor on the irregularity in registration of
Revenue Sites in Bangalore City.
MHAK also conducted a Social Audit on filing of Assets & Liability
Declaration of public servants working in the Department of Stamps and
Registration. During Audit it was exposed that more than 20 Sub-Registrars and
another 20 officials of lower rank had not filed their Statements consecutively
for the past 7 years.
Stamps & Regstration Department has been termed one of the most corrupt
Department in the State.
Detailed report which appears on Times of Inida of Bangalore Edition - 2
April 2008 is reproduced below:
TIMES OF INDIA BANGALORE EDITION
2ND APRIL 2008
Property racket lid blown off
22 Sub-Registrars Under Lens For Illegal Registration Of Revenue Land
S Kushala | TNN
Bangalore: In Dasanapura and Hesaraghatta sub-registrar offices, an acre of
land has been transacted and registered as 40 different documents in one day.
How? The land has been split into 40 guntas and there is a transaction for each
gunta separately by a single sub-registrar.
Rampant registration of revenue properties has got 22 sub-registrars of
Bangalore, of a total of 33, into trouble. They are now under the Governors
scanner.
A confidential report prepared and submitted by the Inspector General
(Stamps and Registration) H Shashidhar three days ago has recommended
investigations into irregularities and action against 22 sub-registrars. The
irregularities have come to light after a committee formed by IGR inspected the
cases and reported their findings. The report has pointed to violations of the
Stamp Act and Land Reforms Act. On Tuesday, the report was submitted to
Governors adviser P K H Tharakan.
What the scam is:
The Stamp Act does not ban registration of agriculture properties. It bans the
registration of revenue properties that is, agriculture land sold for
nonagricultural purposes without land conversion. But here, agricultural lands
were split into smaller blocks and sold separately. Prima facie, such cases
look fraudulent as the motive behind the transaction is development of land for
non-agricultural purpose without land conversion. The sub-registrar does not
have the power to check the genuineness of the documents but can prevent the
registration, revenue officials said.
When an acre is divided into 40 documents and registered as a gunta each,
the transaction is considered abnormal. This happens when agricultural land is
sold to builders without land conversion. The report has pointed a finger at
the sub-registrars for clearing the transactions.
The Land Reforms Act has been violated by registering agricultural lands in
favour of non-agriculturists. As a rule, nonagriculturists cannot purchase
farmland. The department has estimated about 1,000 such document registrations
which appeared to be in contravention of law with over 300 acres transacted. A
high-level committee is likely to be formed to go probe irregularities.
In Dec 2006, the government issued an ordinance which banned registration of
revenue properties. The directive was also meant to ensure that sub-registrars
did not violate rules. Erring officials can be imprisoned for one to three
years and fined Rs 5,000-10,000 if they aided fraudulent transactions.
SUB-REGISTRARS CAN BE BOOKED FOR AIDING ...
Sale of farmland for non-agricultural purposes without land conversion or
prior approval 3-year jail and Rs 10,000 fine
Creating bogus documents for conversion of agricultural land for
non-agricultural use 1-yr jail, Rs 5,000 fine
Failure to report or initiate action against unlawful conversion of revenue
lands for non-agricultural purpose 3-yr jail, Rs 10,000 fine Probe procedure
Will ascertain whether there is any fabrication of documents. If so,
sub-registrars can be booked for criminal offences.
In case of a procedural lapses, a departmental inquiry will be ordered
B.H. VEERESHA
MAHITHI HAKKU ADHYAYANA KENDRA
54, 17TH CROSS, M C LAYOUT
VIJAYANAGAR, BANGALORE 560 040
TEL.NO. 9448704693
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