Bengaluru court orders registration of case against BS Yediyurappa

A Special Court in Bengaluru, set up to try criminal cases against Members of Parliament and Members of Legislative Assemblies has ordered that a case for criminal misconduct be registered against former Karnataka Chief Minister BS Yediyurappa for alleged illegal denotification of land in Bengaluru [Vasudeva Reddy v. BS Yediyurappa].Special Judge B Jayantha Kumar said that the complainant, one Vasudeva Reddy had made out a prima face case against the former Chief Minister."I am of the considered opinion that there are sufficient material to proceed against the accused by registering special criminal case and summoning the accused No.2 for his attendance and give an opportunity to the complainant to establish his allegations against the accused No.2. I am of the considered opinion that there is nothing on record to disbelieve the case of the complainant at this stage. He has made out a prima facie case against the accused for the offence punishable under Sec.13(1)(d) R/w Sec.13(2) of the Prevention of Corruption Act, 1988," the Court said. .The complainant had filed a private complaint under Sections 120 (Concealing design to commit offence punishable with imprisonment) 420 (cheating) and 406 (criminal breach of trust) of the Indian Penal Code (IPC) and for offences under Section 13(1)(d) read with Section 13(2) (criminal misconduct by public servant) of the Prevention of Corruption Act, 1988 (PC Act).The complaint alleged that while he was the Deputy Chief Minister, BS Yediyurappa illegally de-notified certain lands which had been acquired for an Information Technology corridor, between Whitefield and Electronic City in Bengaluru for illegal gain under a Government Notification in 2006. These lands were de-notified without any public interest or public purpose, through an abuse of public office by illegally transferring government property to private persons, it was contended..In 2001, a notification was issued under the Karnataka Industrial Area Development Act (KIAD Act) with respect to 434 acres of land spread over four area of Bengaluru - Bellandur, Devarabeesanahalli, Kariyammana Agrahara and Amanibellandur Khane, to establish an infrastructure corridor to serve the city of Bengaluru and State of Karnataka. It was alleged that Yediyurappa ordered and secured de-notification of 15 lands in favour of private persons through abuse of his office. Public documents to prove the case of alleged corruption were also submitted..The Court noted that the main allegation against the former Chief Minister was that he illegally and corruptly de-notified 15 parcels of land by receiving representation from the land owners without any basis and against law and therefore committed an offence punishable under Section 13(1)(d) read with Section 13(2) (criminal misconduct by a public servant) of the Prevention of Corruption Act, 1988..Section 28 (Acquisition of land) of the Karnataka Industrial Areas Development Act makes it clear that on publication in the official Gazette, land shall vest absolutely with the State government free from all encumbrances, the Court noted. On the basis of the complaint and the material placed before the court, it cannot be said that the de-notification of the land was done in the exercise of lawful powers, the Court observed. .Noting that there was sufficient material to proceed against the accused, the Court ordered that a special criminal case be registered against Yediyurappa for the offence punishable under Section 13(1)(d) and Section 13(2) of the Prevention of Corruption Act, 1988, and issued a summons for his attendance before the court. .Advocate KV Dhananjay represented the complainant. .[Read Order]