Bengaluru: JD(S) leader and Union Minister H D Kumaraswamy on Wednesday questioned the MUDA's decision to take back 14 plots allotted to Chief Minister Siddaramaiah's wife Parvathi B M, and said it amounts to "destruction of evidence".
He demanded that the Lokayukta police, which is probing into the case, arrest the MUDA commissioner for the decision.
State BJP President B Y Vijayendra too expressed surprise over the Mysuru Urban Development Authority (MUDA) Commissioner's decision, and termed it "illegal".
MUDA on Tuesday decided to take back 14 plots allotted to Parvathi, following her decision to relinquish their ownership and possession.
It has ordered to cancel the sale deed of these plots, its Commissioner A N Raghunandan said on Tuesday.
Kumaraswamy lashed out at the CM, accusing him of indulging in misuse of powers.
"In the High Court he has said that the sites belong to (his family)...the court for public representatives (Special court) has ordered a Lok Ayukta probe. The property is under the court now.....how can they (CM family) say that they want to give back sites, whose sites are they. How can they give," Kumaraswamy said.
Speaking to reporters here, he said, "If there is transparency in the Lokayukta probe, they have to arrest the MUDA commissioner immediately. How does the MUDA commissioner have the powers to take back the sites? After hearing arguments the court has given its order, after that they (CM family) have played the drama of returning the sites. On what basis or under which powers have the sites been taken back."
"How can the 'Khata' (certification of ownership of property) be changed? The Chief Minister by misusing the Lokayukta officers is trying to cover up this case. Who all have influenced and put pressure on that officer (MUDA commissioner) to take back the sites? All these things need to be investigated," he said.
Calling the MUDA commissioner's decision to take back 14 sites as "illegal", Kumaraswamy said, it is in violation of court order and may lead to contempt of court.
"Change of khata is to destroy evidence. In this government Siddaramaiah is misusing power and officials...if Lokayukta police are conducting the probe in accordance with law, they should arrest the MUDA official," he said.
The "destruction of evidence" happening at the behest of the Chief Minister or Urban Development Minister, need to be investigated, the former CM further said, adding, "when the probe is regarding 14 sites, MUDA taking them based on an application and changing the Khata amounts to destruction of evidence by this government misusing power." "What is Lokayukta police probing the case doing," he asked, pointing out that return of sites took place soon after the ED registered a case.
On Monday, the Enforcement Directorate registered an Enforcement Case Information Report (ECIR), equivalent to an FIR by police, against the CM over the alleged irregularities in allotment of 14 sites to his wife by the MUDA.
Hours later, the Chief Minister's wife wrote to MUDA expressing her desire to surrender the sites allotted to her by the authority.
BJP leader Vijayendra questioned as to on what basis the MUDA commissioner cancelled the Khata. "It has been done just on the basis of the CM's wife's letter despite the orders of the High Court and the Special Court." MUDA official's decision to cancel the Khata is illegal, and it cannot be done. "It makes clear that officials are also involved."
Lokayukta police on September 27 registered an FIR against Siddaramaiah, his wife, brother-in-law Mallikarjuna Swamy, Devaraju -- from whom Mallikarjuna Swamy purchased land and gifted it to Parvathi -- and others, following a Special Court order.
The order of the Special Court Judge, Santhosh Gajanan Bhat, came a day after the High Court upheld the sanction granted by the Governor to conduct an investigation against Siddaramaiah.
In the MUDA site allotment case, it is alleged that 14 compensatory sites were allotted to Siddaramaiah's wife in an upmarket area in Mysuru which had higher property value as compared to the location of her land which had been "acquired" by MUDA.
The MUDA had allotted plots to Parvathi under a 50:50 ratio scheme in lieu of 3.16 acres of her land, where it developed a residential layout.
Under the controversial scheme, MUDA allotted 50 per cent of developed land to the land losers in lieu of undeveloped land acquired from them for forming residential layouts.
It is alleged that Parvathi had no legal title over this 3.16 acres of land at survey number 464 of Kasare village, Kasaba hobli of Mysuru taluk.