The Hindu : Karnataka / Bangalore News : Arkavathy Layout: Bench rejects plea seeking change of judge

Online edition of India's National Newspaper
Wednesday, Oct 05, 2005

Karnataka

Karnataka - Bangalore

Arkavathy Layout: Bench rejects plea seeking change of judge

Staff Reporter

HIGH COURTROUND-UP The Chief Justice says it is unfortunate that the Government is a party to the Bench hunting

BANGALORE: The Karnataka High Court on Tuesday took to task the State Government for seeking to recuse a judge from hearing the appeals on quashing the notifications on Arakavathy Layout in Bangalore. It levied costs of Rs. 25,000 on an appellant for filing an interlocutory application (IA) on the matter.

A Division Bench comprising Chief Justice Nauvdip Kumar Sodhi and Justice N. Kumar was hearing the appeals by the State Government, the Bangalore Development Authority (BDA) and the former Chief Minister S.M. Krishna against a single judge order of April 15, 2005 quashing the notifications on the formation of layout and passing strictures against Mr. Krishna. When the matter came up, appellant Mahamood Hemani filed an IA seeking the recuse of Justice N. Kumar as he had earlier passed an order on a similar matter (Junjamma versus the State). Mr. Hemani said while Justice Kumar had upheld the acquisition of the land for the formation of Visvesvaraya Layout, Justice Gopala Gowda had struck down the acquisition for the Arakavathy Layout. Even as the Chief Justice said he would reject the IA as misconceived, Advocate-General B.T. Parthasarathy said it was not proper for Justice Kumar to sit on the Bench.

The Chief Justice took exception to this and said he would not allow "Bench hunting". He said it was unfortunate that the Government did not want "this Bench to hear the issue" and that it was being a party to the "Bench hunting". The Advocate-General took serious objection to the remark that the State was a party to "Bench hunting".

The Chief Justice said: "Merely because Justice Kumar had dealt with some similar issues, it is no ground to disable him from hearing the appeals".

BDA stand

The BDA commenced arguments in the appeal with the former Advocate-General and senior advocate Vijay Shankar appearing for it. The BDA said it was not a municipal body but a planning body. It was an improvement trust and was formed after the City Improvement Trust Board was wound up. It said the land for the layout had been acquired under a Special Act. It had the jurisdiction to develop layouts.

The Bench adjourned further hearing on the appeal to Wednesday.

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