The Hindu : Karnataka / Bangalore News : CA sites: court seeks records

Online edition of India's National Newspaper
Thursday, Jul 07, 2005

Karnataka

Karnataka - Bangalore

CA sites: court seeks records

Staff Reporter

Bijapur Municipality's decision questioned

BANGALORE: The Karnataka High Court on Wednesday sought records of the allotment of a civic amenity (CA) site in Bijapur to an individual and asked the then Municipal Commissioner to be present before it on the next date of hearing.

A Division Bench comprising the Chief Justice, Nauvdip Kumar Sodhi, and Justice S. Abdul Nazir passed the order on a pubic interest litigation (PIL) petition by Suryakant and other residents of Bijapur.

The petitioners claimed that a CA site had been allotted to Baba Saheb in Mahalabagayat locality.

The petitioners, who challenged the allotment, said that 13.91 acres of agricultural land on Survey No. 8/1 was converted and residential sites were formed by the Kakkavya Housing Society. The layout plan was approved by the Bijapur City Municipality and some sites earmarked as CA sites.

On December 30, 1999, the municipality, through a resolution decided to grant a CA site to Mr. Saheb although the site had been earmarked for a nursery school. After the sale deed was given to Mr. Saheb, he began putting up constructions.

The petitioners alleged that the municipality did not have the authority to give CA sites to individuals. They urged the court not to allow further construction. They said 13.91 acres of agricultural land on Survey No. 8/1 was converted and residential sites were formed by the Kakkavya Housing Society. The layout plan was approved by the municipality and some sites were set aside as CA sites.

On December 30, 1999, the municipality, through a resolution, decided to grant a CA site to Mr. Saheb. The petitioners said the CA site had been earmarked for running a nursery school. After the sale deed was given to Mr. Saheb, he began putting up constructions.

Their contention was that the municipality did not have the authority to give CA sites to individuals. They urged the court not to allow further construction.

Taking to task the civic body for the act, the Bench observed that it wanted to go to the root of the matter. It said it had become fashionable for civic bodies to allot CA sites for commercial purposes and all this must stop.

It wanted the then Municipal Commissioner, who had granted the site, to be present in the court and also sought the records of the meeting in which the resolution allotting the site was passed.

It adjourned further hearing of the matter to July 20.

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