Supreme Court refers BS Yediyurappa land de-notification case to larger bench
New Delhi: The Supreme Court on Monday referred a plea by Bharatiya Janata Party (BJP) leader and former Karnataka Chief Minister BS Yediyurappa to a larger bench, deferring its verdict in the 2011 land de-notification case.
The Division Bench of Justices JB Pardiwala and Manoj Misra noted that the legal questions involved in the matter were already pending before a larger bench in a connected case.
“When we were about to start working [on the judgment], we realised there was another order passed by coordinate bench on 16th April 2024 — Shamin Khan vs. Debashish Chakrabarty and Ors — the very same issues are referred to the larger Bench,” the Bench observed. “We felt propriety demands [that this matter also be referred to same Bench]… In this order also, we have formulated the issues… In the interest of judicial discipline, the coordinate bench of this court has refrained from proceeding further in deciding the underlying issue, which is under reference to a larger bench. We deem it appropriate to tag these petitions with the referred matter.”
The Court directed the Registry to place the matter before the Chief Justice of India for appropriate orders.
The case concerns allegations that government land acquired by the Karnataka Industrial Area Development Board (KIADB) for establishing a hardware park in Hoovinayakanahalli, Bengaluru North Taluk, was illegally de-notified, causing significant loss to the State exchequer. The original complaint, filed by Alam Pasha, alleged that Yediyurappa, then Deputy Chief Minister in 2006, had abused his position in the de-notification process. The complaint also claimed that service and development charges worth crores were waived.
In 2012, police dropped charges against nine co-accused but named Yediyurappa and then Minister for Large and Medium Scale Industries, Katta Subramanya Naidu. However, a trial court later dismissed the complaint against both leaders due to lack of evidence.
Pasha challenged this dismissal before the Karnataka High Court, which in 2021 set aside the trial court order and directed that charges against Yediyurappa and Naidu be taken cognisance of and the trial be resumed. This High Court decision was subsequently challenged by Yediyurappa in the Supreme Court.
During the hearings, the apex court examined whether prior sanction was required to investigate the alleged offences under the Prevention of Corruption Act, 1988, particularly after the 2018 amendment mandating sanction even for retired public servants.
The Bench also deliberated on the maintainability of a second complaint, filed just eight days after the first was dismissed, on the sole ground that the latter included a sanction for prosecution. Senior Advocate Sidharth Luthra, appearing for Yediyurappa, argued that both complaints were based on identical facts and evidence, and that the High Court had erred by quashing a related 2015 case purely on technical grounds without examining its merits.
In that 2015 case, based on a report by the Comptroller and Auditor General (CAG) of India, Yediyurappa faced similar allegations of misuse of office. The Karnataka High Court quashed the case in 2023, holding that a coordinate bench had already dealt with related allegations and that a CAG report alone could not serve as a basis for criminal prosecution.
Senior Advocates Vikas Singh and R Basant, along with Additional Advocate General Aman Panwar, appeared for the State of Karnataka.
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Karnataka readies for deficit monsoon; CM Siddaramaiah orders water supply measures
Bengaluru (PTI): Warning of a likely deficit monsoon across the state, barring five districts, Karnataka Chief Minister Siddaramaiah on Thursday instructed deputy commissioners to take precautionary measures to prevent disruption to the drinking water supply.
The CM chaired a meeting with district-in-charge ministers, deputy commissioners, and Zilla Panchayat chief executive officers to review drinking water supply in rural and urban areas during the peak of summer.
"The meteorological department has predicted below-normal monsoon rainfall this year. There is a possibility of normal rainfall in August, while less rainfall is expected in September," Siddaramaiah was quoted as saying in a statement issued by his office.
"If there is any disruption in the drinking water supply, the respective Deputy Commissioners will be held responsible," he said, directing the Revenue, Panchayat Raj and Urban Development departments to coordinate closely.
Stating that most districts in the north interior region are likely to experience more hot days than usual between April and June, the CM asked deputy commissioners to take appropriate precautionary measures.
He said forecasts by the meteorological department should be taken seriously.
Public shade and drinking water facilities should be provided, he said, adding that there is no shortage of funds to ensure water supply.
He also said the Finance Department has been instructed to release funds based on reports from deputy commissioners.
A total of 213 taluks and 2,410 gram panchayats have been identified as potentially facing drinking water shortages during summer. At present, 598 gram panchayats across 114 taluks are facing shortages.
Drinking water is being supplied to 137 villages through 129 tankers. As many as 585 private borewells have been rented to supply water to 515 villages.
The CM said shortages are likely in several districts, including Kalaburagi (147 gram panchayats), Bagalkot (114), Belagavi (127), Chikkamagaluru (115), Haveri (138), Mandya (130), Tumakuru (141) and Uttara Kannada (125).
At present, 27 urban local bodies are facing water shortages, while 95 have been identified as vulnerable. A total of 145 wards are being supplied water through 57 tankers, and 22 borewells have been taken on rent.
Tankers should be used only in emergencies, with priority given to renting private borewells, he said, adding that borewells can be drilled if necessary.
Highlighting that 321.93 TMC of water is currently available in the state’s 14 major reservoirs—36 per cent of total capacity—Siddaramaiah said this compares with 330.35 TMC during the same period last year. "Sufficient water is available in reservoirs for drinking purposes at present," he said.
With the monsoon likely to be delayed, he directed officials to ensure adequate drinking water availability in reservoirs till mid-July.
Drinking water supply should be prioritised over irrigation, he said, directing officials to identify and repair leakages in reservoirs.
Public grievances related to drinking water should be addressed promptly, with control rooms set up at the taluk and ward levels. District-level task forces should function actively, he added.
Cautioning about possible disruption in fertiliser supply due to the situation in the Middle East, the CM directed officials to prevent hoarding and ensure timely availability to farmers.
"Ensure proper distribution of urea and DAP and prevent their diversion to other states," he said, adding that inspections at check posts should be intensified.
He noted that due to good rainfall over the past two years, there is no immediate shortage of fodder, but availability should continue to be monitored. The CM directed that task force meetings on drinking water be held in all taluks and reports be submitted.
He also stressed the need to prevent the supply of contaminated water, saying deputy commissioners are responsible for ensuring safe drinking water and preventing related health issues.
Officials were asked to continuously monitor fertiliser sales to ensure an adequate supply for eligible farmers.
"Some districts, including Haveri, have recorded higher fertiliser sales than last year. What is the reason?" he asked, calling for close monitoring to prevent shortages.
