The Hindu : Karnataka / Bangalore News : Petition challenging site allotment disposed of

Online edition of India's National Newspaper
Friday, Jul 29, 2005

Karnataka

Karnataka - Bangalore

Petition challenging site allotment disposed of

Staff Reporter

BANGALORE: The Karnataka High Court on Thursday disposed of a public interest litigation petition by several residents of Bijapur city challenging the allotment of a civic amenity site to an individual.

The court took the State Government and Government officials to task on July 20 for violating rules in allotting the civic amenity site and regretted that the file pertaining to the allotment of the site had been blindly signed by Government officials, including the then Deputy Secretary and Secretary of the Urban Development Department, the then Commissioner of Bijapur Municipal Council and the then Minister of State for Municipal Administration.

A Division Bench comprising the Chief Justice, Nauvdip Kumar Sodhi, and Justice S. Abdul Nazeer observed that before sanctioning the site in Mahalabagayat locality to Baba Saheb, a sportsman, the Government should have checked the purpose for which the site has been earmarked. However, no such inquiry was made.

The petitioners, Suryakant and others, said that 13.91 acres of agricultural land in Survey No. 8/1 was converted and residential sites were formed by Kakkavya Housing Society. The CMC approved the layout plan and set aside some plots as civic amenity sites.

On December 30, 1999, the CMC, through a resolution, decided to grant a civic amenity site to Mr. Baba Saheb, though the site had been earmarked for a nursery school. After the sale deed was given, Mr. Baba Saheb began construction.

The Bench had asked the authorities to find out whether the building could be used by the school. It took on record the affidavit by Mr. Baba Saheb that he was willing to surrender the building and site in favour of the Education Department.

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