The Hindu : Karnataka News : Stay on order against layout continued for three weeks

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Friday, May 06, 2005

Karnataka

Karnataka

Stay on order against layout continued for three weeks

Staff Reporter

High court round-up

BANGALORE: The Karnataka High Court on Thursday continued for three weeks the interim stay on the operation of a single-judge order quashing all the acquisition proceedings by the Bangalore Development Authority (BDA) for the formation of Arkavathy Layout.

A Division Bench, comprising Justice H.L. Dattu and Justice A.C. Kabbin, were hearing appeals by the BDA against the single-judge order.

The single judge had allowed petitions by landowners of 16 villages under the layout. He had said the BDA did not have the power or the jurisdiction to form layouts or undertake developmental works outside the Bangalore Mahanagara Palike (BMP) limits. Although the BDA Act empowered it to undertake development schemes in Bangalore metropolitan area, Section 503-A of the Karnataka Municipal Corporation (KMC) Act clearly said it could only be taken up by a metropolitan authority.

The metropolitan area development authority comprises of elected representatives who are accountable to the public. Therefore, the authority, which is yet to be constituted, has the jurisdiction to take up developmental works and not the BDA, which has members nominated by the Government.

He said even assuming that the BDA was right in taking up the project, the layout scheme was not properly framed and it was not legal. No layout plan was prepared. The single judge said the BDA had not made any provision for providing civic amenities such as water, electricity and transport. He said the authorities would have to come up with another Cauvery scheme to fulfil the demand for water. He also sought to know how electricity could be provided when load shedding had been notified.

Holding the preliminary notification as bad in law, he said there was no public interest as claimed by the BDA in acquiring the lands.

In its appeal, the BDA said the BDA Act was not in conflict with the KMC Act. The water board, electricity board and transport authorities had not refused to provide amenities.

It said the single judge had erred in holding that the BDA had no right to take up development schemes.

The Bench extended the interim stay order and directed both the landowners not to change the nature of the land. It also directed the BDA not to demolish any structure.

The Bench adjourned the case to May 25.

Plea against inquiry

Justice R. Gururajan on Thursday ordered issue of emergent notices to Bharatiya Reserve Bank Note Mudran Limited and V. Srikantan, the Enquiry Officer, on a petition by three employees of the firm.

The petitioners, Hemachandra and two others, were challenging the decision of the Reserve Bank of India (RBI), Mysore, which wholly owned the Mudran, to institute departmental proceedings against them.

A bundle of Rs. 500 denomination notes worth Rs. 50 lakhs was missing, and Hemachandra and the two petitioners were held responsible for it. A Central Bureau of Investigation was ordered. Meanwhile, the Mudran authorities appointed Mr. Srikantan as the Enquiry Officer and ordered a departmental inquiry against the petitioners and three other employees.

The petitioners apprehended that the departmental inquiry could be biased against them and urged the court to stay all further proceedings against them as they were being conducted in a hurried manner.

When the Mudran said it would defer the departmental inquiry till May 30, Justice Gururajan observed that there was no need for an interim order. He said the parties could file affidavits, if need be, and posted the case to May 25.

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