Nonprofit to file SLP in denotification case against Shivakumar, BSY

 With the State Government dragging its feet on filing an appeal against the High Court order in the Benniganahalli de-notification case against former Chief Minister B S Yeddyurappa and Energy Minister D K Shivakumar, Janaadhikaara Sangharsha Parishath (JSP), an NGO, has decided to file an appeal before the Supreme Court. The Lokayukta police had sent the communication to the government recommending filing of a Special Leave Petition (SLP).

The High Court had quashed the FIR in the Benniganahalli case on December 18, 2015. Till February first week, the Lokayukta judiciary wing had not forwarded the file to the State Government for filing the SLP. After much dilly dallying, the Lokayukta forwarded the recommendation. However, the State Government has not taken a decision on filing the SLP.

“The deadline for filing the SLP in the case is March 16. The special public prosecutor appearing for the Lokayukta police in the High Court had long ago recommended filing of the SLP. Since the Government is not interested in filing the SLP, we will file the SLP before the Supreme Court within a week,'' Adarsh R Iyer of JSP said.

The Lokayukta police had charge-sheeted Shivakumar and indicted other officials, including the then Special Deputy Commissioner Rame Gowda. Though the police had dropped charges against Yeddyurappa, the Lokayukta court had taken cognisance against him and issued summons.

Shivakumar, when he was Urban Development minister, had bought 4.20 acres of land at Benniganahalli in December 2003. The land was under acquisition and was vested with the BDA.

Rame Gowda, who was the then Special DC, converted the land from industrial to residential use in February 2004, within two days of filing of application. After all these proceedings, then chief minister Yeddyurappa ordered denotification of the land in favour of the original land owner Srinivasan, who had passed away even before filing of the application for denotification.

“It has been 77 days since the High Court quashed the FIR in this case which was chargesheeted by the Lokayukta police. We will also request the Supreme Court to take note of the laxity shown by both Lokayukta police and the state government while dealing with cases against high ranking politicians. This case has huge ramifications since the land in question was under acquisition. The transaction in violation of rules has yielded windfall profit to Shivakumar. Even as the decision on de-notification was pending, the change of land use happened within two days, not giving time for mandatory objection period of 30 days,'' Iyer said.