BENGALURU: The Karnataka HC has pulled up the BDA commissioner for allowing a developer to reduce the width of an access road. BDA had reversed its earlier decision and gave nod to Township Promoters to reduce road width from 18 metre to 9.5 metre against the 2011 Lokayukta report.
A division bench of Justices DK Singh and TM Nadaf passed the order, quashing a single-judge order of November 7,2024, and the BDA commissioner order of March 5, 2024, partly allowing the appeal filed by JV Venkatesh and JV Srinivas.
The court said, “We have no hesitation in saying that Township Promoters, represented by its partner P Ashwin Pai, is extremely powerful and even got appointed a Commissioner,BDA, favourable to him. The turnaround by the BDA is an exercise in mala fide, arbitrary, illegal and for considerations other than legal.”
The court noted that the single judge’s reliance on the observation dated February 12, 2024 made by the Lokayukta to a fresh complaint is misplaced. The single judge order stated that previous orders did not direct earmarking any particular area for roads.
This general observation cannot override the specific directions in the report by the Lokayukta on July 28, 2011, which referred to an “Area Plan” showing “linkage facilities and the 2009 plan with an 18 mtr road, and it cannot nullify the specific compliance mechanism that had already been judicially affirmed and adopted by the BDA”, it noted. The appellants own 3 acres in Sy. No.1A of Jakkur Plantation Village in Yelahanka Hobli, and their land is surrounded by plots of Township Promoters.
The new commissioner, vide order dated March 5, 2024, within one and a half months of the report dated Jan 24, 2024 submitted by earlier commissioner, directed withdrawal of 2020 resolution, ordered implementation of the 2018 resolution.