BENGALURU: Stating that properties belonging to the state and to the citizens in common, as described under Section 81 of the Karnataka Municipalities Act, 1964, are not being maintained and protected in the manner mandated by law, the Karnataka High Court directed the state to ensure uniform, lawful, and effective implementation of the said provision across the state.
Justice Suraj Govindaraj passed the order allowing a petition filed by Syed Matin Abbas from Periyapatna town in Mysuru district.
The court held that the order dated August 2, 2017, passed by the Deputy Commissioner, cancelling the khata standing in the name of the petitioner, is without jurisdiction and liable to be set aside.
The court ordered that the state government should establish and operationalise the Municipal Trust Property Management System (MTPMS) as the single source of truth for all Section 81 properties, integrating Bhoomi, Mojini, e-Municipalities, Sakala, etc., and should assign a Trust Property Identification Number (TPIN) to each property.
A public digital portal should be maintained displaying municipality-wise trust properties, and mechanisms should be provided for citizen reporting of encroachments or misuse, subject to appropriate safeguards against abuse.
Responsibility should be fixed on officers found to have facilitated illegal alienation, encroachment, or misuse of trust properties, and disciplinary or other action should be initiated against them in accordance with law, said the court, fixing the timeline for implementation of each direction.
The court directed all municipal councils to strictly implement Section 81 of the Karnataka Municipalities Act, 1964, recognising that the properties enumerated under Section 81(2)(a) to (f) vest in the municipal council only in a fiduciary capacity as trustee and not as absolute owner, and that such properties shall be held managed, and applied solely for the purposes of the Act.
It has designated the Principal Secretary, Department of Rural Development and Panchayat Raj (RDPR), as the Administrative Nodal Authority for policy oversight, interdepartmental coordination, enforcement, and fixation of accountability and the Principal Secretary, Department of e-Governance, as the Technology Nodal Authority for digital enablement, system integrity, interoperability between departments, and maintenance of audit trails.