The Hindu : Karnataka / Bangalore News : Judicial Layout: High Court asks BDA to file report

Online edition of India's National Newspaper
Saturday, Jul 09, 2005

Karnataka

Karnataka - Bangalore

Judicial Layout: High Court asks BDA to file report

Staff Reporter

BANGALORE: The Karnataka High Court on Friday directed the Bangalore Development Authority (BDA) to submit within two weeks a report on the number of sites, including civic amenity (CA) sites, in Judicial Layout, Bangalore.

A Division Bench, comprising Justice Rammohan Reddy and Justice H. Billappa, passed the order on a petition by some residents of the layout seeking initiation of contempt proceedings against the society for violating court orders.

According to the petitioners, the High Court had in June 2003 directed the society against changing the nature of a CA site.

The society, they said, had violated this order by attempting to sell the site.

When the matter came up, the Government filed a report saying that it had given 156 acres to the Karnataka State Judicial Employees House Building Society and it did not have any information on how the society obtained an additional 33 acres and 21 guntas of land. It said these lands are still in the name of the original owners.

When the Bench asked if the lands had been converted and if some lands were still agricultural in nature, the Government advocate said 156 acres had been converted and handed over by the Government to the society.

However, no permission had been given for 33 acres.

The Bench wanted to know who would identify whether these sites had been allotted to the society members and whether they came under CA category.

The Bench had earlier directed the society to place before it the original plan given to the BDA seeking its approval for the layout.

Taking exception to the conduct of the society, the Bench observed that it had not come out with the truth.

It said the whole layout was the bone of contention and wanted to know why the guilty should not be punished for making false statements.

It further observed that even judges who were allotted sites were taken for a ride. Moreover, when the members of the society were still waiting for sites, how could sites be given to associate members, it asked. It sought to know under whose tenure 273 sites were allotted and adjourned further hearing on the matter.

Directed

A Division Bench comprising the Chief Justice, Nauvdip Kumar Sodhi, and Justice S. Abdul Nazeer on Thursday directed the Commissioner of Bangalore Development Authority (BDA) to be present in court on the next date of hearing.

The Bench also directed the BDA Commissioner to bring to the court all records pertaining to the change of land use of a plot on Museum Road, Bangalore.

The Bench passed the order on a public interest litigation (PIL) petition by S.P. Khetan, Rasquinha and several others questioning the BDA decision recommending change of land use. They alleged that Museum Road was a residential area and the zoning regulations could not be changed arbitrarily.

The Bench adjourned further hearing on the petition to August 3.

Dismissed

A Division Bench comprising Mr. Justice Nauvdip Kumar Sodhi and Mr. Justice Nazeer on Thursday said delimitation was purely a legislative function and it was not required for the authorities to hear the residents before going ahead with the process of delimitation of a constituency.

The Bench passed the order on a public interest litigation (PIL) petition by residents of Hulakatti, challenging the action of the State Election Commission (SEC) in going ahead with delimitation without consulting the villagers.

It dismissed the petition, saying that there were several Supreme Court judgments holding that there was no need for consulting the people before going ahead with the process of delimitation.

Adjourned

A Division Bench comprising Mr. Justice Sodhi and Mr. Justice Nazeer on Thursday adjourned to next week a contempt petition by the environmentalist, Suresh Heblikar, against the State and the BDA.

The petition alleged that the respondents had violated the High Court directions of 1999 asking them to protect the Gottigere lake near Bangalore.

It said the authorities were now permitting a road bisecting the lake and this was a violation of court directions.

The Bench observed that it had earlier dismissed an application by the Gottigere Panchayat seeking to implead itself in the Bangalore-Mysore Infrastructure Corridor (BMIC) hearing.

"When we dismissed the panchayat's application, how can we allow a contempt petition and what is your locus standi," the Bench asked the petitioner.

It adjourned further hearing of the matter.

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