BENGALURU: Observing that political interference of any kind will jeopardise public administration, the Karnataka High Court directed the state government to allot public properties only through public auction. It ordered the state government to stop allotting public properties as a product of favouritism or political interference.
Justice M Nagaprasanna passed the order while allowing the petition filed by Chandra Suvarna from Udupi taluk questioning the allotment of 700 sqmt in the port of Malpe beach to Santhosh V Saliana of Udupi district, for the establishment of a cold storage unit for fish at the behest of two BJP MLAs -- Lalaji R Mendon of Kapu and K Raghupathi Bhat of Udupi constituencies.
“It needs no emphasis that the state is governed by ‘rule of law’ and not by ‘rule of men’. A few men at the helm of affairs, or the powers that be, cannot be seen to act in a manner that will thwart the rule of law and generate a concept ‘you show me the person; I will tell you the law’. This court will not permit the state government to act in a partisan manner in favour of any applicant,” the court said.
The court noted that there were a number of public properties which can be leased out to entrepreneurs. “There should be uniformity while granting such lands. Such uniformity will come about only when there is transparency in procedure, which can come about only when the properties are put to public auction and every citizen is permitted to participate in the auction. This case will be the last straw of admonishing the state for bartering away public property at its whim and fancy.
Any such iteration will, without doubt, be viewed seriously, as such actions cannot bear any sanction under any law. Rule of law is insurmountable,” the court observed. The applications submitted by Suvarna and Saliana for the space at Fish Conservation Centre were rejected, saying that the land had to be allotted only by way of public action in 2021. Later, they approached the MLAs who recommended the Department of Animal Husbandry and Fisheries for allotment of land to Saliana on lease. The Joint Director issued an emergent communication to the department in September 2021 and the land was allotted.