The Karnataka High Court has asked the Ministry of Defence, HMT Ltd. and others as to why a probe by the Central Bureau of Investigation (CBI) should not be ordered into the allegation that the HMT Ltd. had encroached, possessed and sold to a private builder a land situated at survey number 21 and 22 of Jaraka Bande Kaval Village near Yelahanka.
Also, the Court sought brief summary chart of the total land in question, which was acquired for HMT Ltd., for Defence purpose and the land available with HMT Ltd. as of now and the total land sold by HMT Ltd. to M/s.Dollar Construction and Engineering Pvt. Ltd giving a tally of the total land so far acquired and requisitioned or still available with either the Defence Department or with HMT Ltd.
Meanwhile, the Court directed HMT Limited to submit a chart on the total sales of the lands made by it with the details of sales consideration received and the details of officials with their names and designations who sold the lands to the private company. HMT Ltd. has also been directed to submit the copies of the resolution under which the lands in question were sold by the public sector company to the private parties and the net land now in the possession of the HMT Ltd.
Besides, HMT Ltd. has also been directed to submit financial status and latest balance sheet with audit report, and the current business activities carried on by the company as of now including the rehabilitation measures, if already sanctioned.
A Division Bench comprising Justice Vineet Kothari and Justice S. Sujatha passed the interim order during the hearing of an appeal, filed in 2011 by Rukmini others persons hailing from the family of original land owners from whose possession the lands were acquired nearly 50 years ago for defence and other purposes.
The case of Rukmini and others were that the Ministry of Defence and the HMT have encroached around 4 acres of lands belonging to petitioners’ family other than the acquired lands. A single judge bench in 2011 had dismissed their petition, against which they had filed an appeal in 2011. The Ministry of Defence had claimed that lands in their favour was acquired during 1960-70 on payment of compensation, and the HMT had claimed that lands were acquired way back in 1958. The HMT Ltd, which was running under loss, had sold some portion of the acquired land to M/s.Dollar Construction and Engineering Pvt. Ltd.
