BANGALORE: In an order that could have far-reaching consequences, the High Court on Wednesday held that the state government has no power to direct the Bangalore Development Authority (BDA) to allot sites to anyone under 'G' category.
The direction came after the court observed that many 'G' category sites have been misused and sold to other parties soon after they were allotted to kith and kin of politicians and others. While disposing a batch of petitions filed by K Raju and others, Justice S Abdul Nazir directed the BDA commissioner to take action against erring officials responsible for bifurcating BDA sites meant for civic amenities.
The court has also pulled up the BDA for cancellation of sites and allotting alternative sites without following rules and procedures. While disposing three separate petitions, the single judge quashed the cancellation order of BDA sites that were purchased by petitioners from original allottees.
In Raju's case, initially the BDA had allotted a 'G' category site to Kumar Bangarappa, former MLA on June 20, 2007, at HSR Layout. The sale deed was executed to his name after he paid `8.5 lakh to the BDA.
Three days after execution of the sale deed, Bangarappa sold the site to Madhu Dhondiba Baber for `85 lakh.
On November 7, 2007, Baber sold the site to petitioner Raju for `1.20 crore. The BDA issued cancellation of site allotted to Bangarappa on July 31, 2008, citing reasons that the site allotted under the 'G' category was earmarked for commercial purposes and that it had to be allotted through auctions.
The petitioner challenged the cancellation order and contended BDA has no power to cancel the allotment as the petitioner has sold it to a subsequent purchaser and he did not take the site under 'G' category. In the case of the other two petitioners, they were subsequent purchasers and had bought sites on Hennur Main Road.
The BDA had allotted alternative sites to them since the earlier sites were disputed. It cancelled the sites without giving proper reasons, said the petitioners. The court quashed all the cancellation orders of BDA.