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Karnataka HC issues notice to state govt, BBMP over illegal EWS land mortgage

The high court Wednesday ordered notice to the state govt and BBMP in a petition filed by the Karnataka EWS Residential Welfare Association, seeking a Lokayukta probe into mortgaging of land on which apartments were being built for economically weaker sections.

Justice Hemant Chandanagoudar also ordered notice to Maverick Holdings and Investments Pvt Ltd, Garuda Maverick Infrastructure Project Pvt Ltd, Embassy Garuda Reality Ventures LLP, Sammaan Capital Ltd, and Lokayukta police, while adjourning the hearing to Sept 30.

The petitioner-association represents 1,512 EWS families, who were living in apartments built for them on 22 acres of land in Ejipura. Following structural issues, BBMP entered into a contract with Maverick Holdings and Investments Pvt Ltd and was developing residential quarters for the original inhabitants.The petitioner-association has claimed that the mortgage deed executed by Maverick Holdings and Investments on April 1, 2019, with the consent of BBMP, with regard to 3.8 acres of land, belonging to 1,512 EWS families, without their consent, is per se illegal.

It has claimed that Sammaan Capital Ltd, an NBFC, has issued a public notice, claiming Rs 560 crore from Garuda Maverick Infrastructure Pvt Ltd and Embassy Garuda Reality Ventures LLP and that 3.8 acres of land in Ejipura had been mortgaged with regard to the same.

According to the petitioners, though the concession agreement has not been shared with them, they learnt from BBMP officials that the civic body had imposed a condition of cancellation of the agreement if the project is not completed in time. However, instead of resorting to it, BBMP’s consent to the mortgage deed has affected the rights of the members of the petitioner-association.

The state govt has failed to take action as per the recommendation made by the Lokayukta on Jan 11, 2022, for taking action against BBMP officials. It is now observed that Maverick Holdings HAS colluded with the powerful building lobby, namely the Embassy group, which has a substantial interest in Sammaan Capital Ltd, acted in tandem with and in collusion with BBMP officials, and created the fraudulent mortgage deed.

Since the state govt has acted as a silent spectator, not acting upon the recommendation of the Lokayukta, a direction has to be issued to the Lokayukta police to register a complaint against all those who are part of this conspiracy, the petitioners have further stated.

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