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2012 Supreme(Kar) 466
High Court of Karnataka
K.L. MANJUNATH & V. SURI APPA RAO, JJ.
S Vasudeva
Versus
Government of Karnataka, Rep by its Chief Secretary, Bangalore & Others
Writ Petition Nos. 23475 of 2010 C/w 1032 of 2006 & 36275 of 2009 (BDA-PIL)
Decided on : 25-08-2012
For the Petitioner: S Vasudeva, Party-In-Person.
For the Respondents:K.M. Nataraj, Additional Advocate General, Indiresh, AGA, B. Rudragowda, M/s. Jayakumar S. Patil Associates, A. Chandra Chud, A.C. Associates, B. Srinivas, S. Marigowda, C.N. Mahadeshwara, M/s V.J. Kumar & Assts R. Rajanna, S.K. Venkata Reddy, Basavaraj, Mahantesh S.Hosamath, Narayana Reddy, R.L.N. Murthy Assts, Adinatha Narade Revathy Assts. K.V. Narasimhan, B.V. Shankara Narayan Rao, D.J. Govinda Raju, Ashok Haranahalli Assts Nagaiah, S.G. Bhagawan, R. Somasundara, C.H. Jadav, A. Madhusudhana Rao, S. Raju & Assts, B.C. Seetharama Rao, G.D. Aswathanarayana, Susheel Assts Law firm for N.K. Ramesh, Law Assts, D.P. Prasnanna & Assts., B. Pramod, A. Keshava Bhat, K. Shri Krishna, S.S. Halalli, Dharmashree Assts, H. Ramachandra, B. Jaya Prakash Shetty, Irshad Ahmed, A.V. Nishanth, B P D S Assts., S & S Assts B.S. Jagadeesh, R. Srinivasa, V.N. Jagadeesh, D.G. Krishnamurthy, S.T. Mahesh, V. Viswanath, M.K. Shivaraju, Goutam & Rajeswar, P. Changalaraju Reddy, C.R. Gopala Swamy & Assts, Dharamashree Assts, M. Ramesh Om & Company, Veerendra Patil, P.N. Nanja Reddy, Lex justice, S. Prakash Shetty, Diwakar & Assts Basavaraj Karedy, C.V. Nagesh Asts, S.M. Chandrashekar, K.S. Bharath Kumar, Muniyappa N.C. R. Kalashri, B. Shashikala, H. Shanthi Bhushan, H. Shivakumar, Indus Law, B.T. Koller, D. L. Jagadeesh, Deepak, Manoj Devinder Pukale, Ramesh Babu & Assts, M.V. Vishakantegowda, Diwakara Assts, D.L. Jagadeesh, P.H. Virupakshaiah, B.N. Vinod Kumar, K.R. Ramesh, G.K.V. Murthy, P.E. Umesh, A.G. Shivana & Assts, R.S. Ravi, B. Pramod, Laxminarayana N. Hegde, Dharmashree Assts, C. Muniyappa, B.S. Jagadeesh, G.R. Prakash, M/s Chandra, S. Shekar, Kesvi & Co., Shanmukhappa, R.S. Ravi, Mahesh R. Uppin, B. Rudregowda, Dharmashree Associates, K.R. Ramesh, S. Gangadhar Aithal, N. Ravindrakamath, R.S. Ravi, Diwakar & Assts, M. Shivappa Assts, Dharmashree Associates, C.N. Venugopal & Assts, Chinmayi Assts. Advocates & Legal Consultants, (A-C), G.R. Prakash, K. Munirajappa, Mahesh R. Uppin, The president District Ryots Horata Samithi, Gulbarga, K.M. Nataraj, AAG A/w Indresh, AGA, V Y Kumar, K N Puttegowda, K. Chandramohan, T. Aswath Reddy, G.M. Chandrashekar, C.G. Gopalaswamy, M.V. Hiremath, A.G. Shivanna, M/s Holla & Holla, B.N. Shetty, M.N. Nehru, H. Kantharaju, Dhanajaya Associates, S. A. Khadri, Sathish M. Doddamani, D.R. Anandeeshwar, L.M. Chidnandaiah, Reuben Jacob, Advocates.
Headnote:BANGALORE DEVELOPMENT AUTHORITY ACT, 1976 - Sections 65 & 69 & B.D.A. Rules, 1984, Rule 5: [K.L. Manjunath & V. Suri Appa Rao, JJ] Allotment of stray sites - Held, Neither the Government nor the Commissioner can allot the site directly. Committee had to be constituted under the Chairmanship of B.D.A. Commissioner and two other members of BDA and allotment to be subjected to final approval of authority. Allotment of plots by Government is not proper. Directions also given to constitute committee to examine and scrutinise all applications of allottees to find out if they were eligible for allotment of plots under category of persons in public life.
BANGALORE DEVELOPMENT AUTHORITY ACT, 1976 - Sections 65 & 69 & B.D.A. Rules, 1984, Rule 5: [K.L. Manjunath & V. Suri Appa Rao, JJ] Allotment of stray sites - Held, First sites to be identified - 30% to be disposed of by auction - 15% to be allotted to persons who fall in Category-B - 10% to be allotted to persons falling in Category-C - 5% each in D, E, and F category.
1. Writ Petition Nos.23475/10 and 36275/09 are filed by one Vasudev, a member of this bar challenging the action of the Government and the BDA in allotting several sites under the guise of allotment of stray sites under ‘G’ category to various persons. W.P.No.1032/06 is filed by the District Ryots Horata Samithi of Gulbarga represented by its President. The prayer in all these petitions are one and the same. The prayer of the petitioners is to declare Rule 5 of the BDA (Allotment of Sites) Rules 84 framed under the BDA Act 1976 empowering the BDA to dispose of the stray sites in accordance with the guidelines issued by the Government as arbitrary and to cancel the allotment made in favour of the respondents/allottees.
2. It is the specific case of the petitioner that based on the application filed by individuals or on the recommendation of Ministers or MLAs, the Chief Ministers have issued directions to the BDA to allot sites to such persons under ‘G’ category and BDA without following the norms has allotted the sites to ineligible persons and therefore they request the court to declare the allotment of stray sites as bad in law, consequently to cancel the allotment made in favour of all the allottees/ respondents.
3. In order to appreciate the facts of the case, it would be proper for us to quote Rule 5 of the BDA Allotment Rules, which reads as hereunder:
“5. Allotment of stray sites: The Bangalore Development Authority shall dispose of the stray sites in accordance with the guidelines issued by Government.”
4. Based on the aforesaid Rules, guidelines were framed by the Government and the said guidelines are revised from time to time. The guidelines issued by the Govt. as per the Circular dt. 6.8.1997 reads as hereunder:
“CIRCULAR UNDER BANGALORE DEVELOPMENT AUTHORITY (ALLOTMENT OF SITES) RULES 1984 CIRCULAR NO.UDD 129 MINJ 97, Bangalore dt. 6th August, 1997
Subject: Revised Guidelines for allotment of stray sites by the Bangalore Development Authority.
Reference: 1. Circular No.HUD 616 MNX 89, dated 18th September, 1989, 23rd September, 1989 and 17th October 1992.
In supersession of all the orders issued regarding allotment of stray sites the following revised guidelines for disposal of stray sites are issued as provided under Rule 5 of the Bangalore Development Authority (Allotment of Sites) Rules, 1984.
Sl.No. Category DESCRIPTION PERCENTAGE
1. A Disposal by Auction 30
2. B Persons who have won special recognition in the field of sports at 15
Intentional/National levels
persons of Karnataka Domicile
3. C Persons who have won special recognition in the fields of Arts, Science, Literature, Education, Medicine and Public Administration at the National/International levels. 10
4. D Ex-Military Personnel, Military Personnel, persons of Karnataka domicile 5
5. E Freedom Fighters who are residents of Bangalore for a period of not less than 10 years 5
6. F Dependents of Karnataka Government Servants when the latter dies during the performance of his/her duty 5
7. G Persons in public life as may be directed by Government 30
2.) Category ‘C’ besides Arts etc., it includes Painting, Sculpture, Music, Dance, Drama, Films, etc.
3.) In the case of allotment of stray site to individuals, a stray sites shall be allotted to a personal only if;
(i) he is not a minor;
(ii) he is domiciled in Karnataka for not less than 10 years immediately prior to the date of his application.
(iii) He or any member of his family does not own a site or a house in Bangalore Metropolitan Area and has not been allotted a site or a house by the Bangalore Development Authority or by any other Authority within the Bangalore Metropolitan Area; and
(iv) He satisfied the Authority that he or she is in a reasonable position to put up a residential house or other building on the site allotted within a period of three years from the date of handing over possession of the site in question.
4.) The requirement of 10 years
