Karnataka High Court.
Karnataka High Court.

Act like civic agency: Karnataka HC raps BDA

Warns against auctioning sites; Allottees promised alternative plots in Kempegowda Layout

BENGALURU: Observing that Bangalore Development Authority (BDA) cannot act as a private real estate company to maximise profit by auctioning corner sites, but should have empathy to resolve disputes of existing allottees, the Karnataka High Court restrained it from auctioning any sites, corner or otherwise, in Arkavathy Layout, until the grievances of petitioners are resolved.

“When there are several issues relating to the allottees, which are pending resolution and those allottees are being made to run from pillar to post, and are approaching this court seeking various reliefs, it would not be to anyone’s benefit if BDA is permitted to go on with auctioning corner sites or otherwise, until the issues relating to the existing allottees are sorted out. The preference of allotment, in my considered opinion, ought to be given to the allottees who have already been given sites, instead of bringing new persons as auction purchasers, thereby increasing litigation pertaining to Arkavathy Layout,” said Justice Suraj Govindaraj.

The court passed the interim order after hearing the grievance of the petitioners, who were allotted sites and possession handed over to them. Having come to know the gross mistake committed by it by forming sites within the buffer zone of a secondary canal, the BDA on its own modified the layout plan, approved it and obliterated the sites by forming a road. Now the BDA wants to allot alternate sites to petitioners in Nadaprabhu Kempegowda Layout, which is about 35km from Arkavathy Layout.

The petitioners moved court, contending that BDA should have allotted sites within Arkavathy Layout instead of auctioning the sites to third parties, and should explore that possibility before allotting sites to them in Kempegowda Layout. In one of the three petitions, Indumathi Babu Shekar and her son Hemanth Babu Shekar, the legal heirs of late G Babu Shekar, the site owner, stated that they were shocked to find work was under way to lay a road on their site by the BDA, and that their site has been erased from the map released by BDA recently.

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