The Times of India 30.09.2010
Katta questions BDA report on his layout
BANGALORE: The high court has adjourned the hearing of the petition filed by IT-BT minister Katta Subramanya Naidu, his wife Saubhagya and two others, challenging the January 29, 2010 order passed by the BDA asking them to demolish the unauthorized layout on 7 acres 10 guntas of land they own in Byatarayanapura, on Mysore Road.
As per the court's direction, an inspection was conducted by the AEE of the BDA on September 18 and a status report submitted to court. The report mentioned that existing roads on the land have been asphalted and two sites are temporarily compounded. On one site, pillars have been sunk and there is a dilapidated brick structure.
The minister and the others contended that no layout was formed, and they had sold only a portion of the land to some people, and have strictly followed the undertaking given to the court in March 2009, that until the petition is disposed of, they will maintain status quo. In their petition, they have challenged the BBMP order cancelling the joint khata.
The minister and his wife, along with M D Lakshminarayana, former MLA of Turuvekere, and another person had jointly purchased this land from Mysore Machinery Manufacturers Limited and SM Developers in March 2005. They also claimed that they thought it unnecessary to obtain permission under the Karnataka Town and Country Planning Act as their vendor had already paid Rs 18 lakh towards betterment charges for this property.
FOLLOW LAW, JUDGE TELLS BDA
The high court observed that public authorities like BDA should act within the contours of law, even while dealing with unauthorised occupation.
"Even assuming that the BDA is constrained and warranted by law to take action to regain its property from illegal occupants and encroachments, it should be within the law... No public authority should, by its high-handed action, create such reign of power nor should convey an impression that a public authority can do anything and get away," Justice D V Shylendra Kumar observed in his order, while asking BDA to pay Rs 5,000 each to the 29 petitioners who had challenged the October 5, 2008 action of the BDA demolishing their dwellings in an early morning operation on a 2.18-acre plot in Kothanur. The judge, however, dismissed their petition and asked them to approach the civil court for necessary relief.
GOVT TOLD TO CLEAR THE AIR
The court asked the state government to clarify its position with regard to land in Kothanur area, adjoining JP Nagar, where the award on land acquisition for forming a BDA layout was passed after 22 years from the date of preliminary notification in 1988.
"What is your government doing? How can a special DC be so ignorant of law? So far, he has not responded to this court," Justice Shylendra Kumar observed, adjourning the hearing on a petition by one Adikeshavulu Naidu and others, challenging the action of the authorities. The petitioners have alleged that under the normal scheme of things, acquisition proceedings lapse if no action is taken within five years of the notification.
BDA commissioner Bharat Lal Meena appeared in court and was asked why it should not be wound up if they continue such things under obsolete land acquisition laws, causing misery to land losers.
NOTICE ISSUED
A division Bench headed by the chief justice ordered notice to the horticulture department, University of Agricultural Sciences and others, with regard to a PIL seeking transfer of the proposed horticulture college from Tamaka in Kolar to Hogalagere in Srinivasapura taluk. The petitioners claim that selection of the 40-acre plot in Tamaka, where world-famous jackfruits are grown, would prove detrimental as these trees have to be cut to accommodate the college. Even the joint committee set up by the government has rejected Tamaka.
COMMISSIONER FILES STATEMENT
The city police commissioner has filed a statement with regard to a suo motu PIL, based on a media report alleging threats to a subedar of MEG Centre by the local water mafia.
Shankar Bidari stated in court that the defence department, after noticing the nuisance caused by Balakrishna at all levels, including in his neighbourhood, recently transferred him to Pune. He denied that the police did not provide assistance to him.
The suo motu PIL was registered, based on a letter written by Justice D V Shylendra Kumar to the registrar-general, based on a newspaper report on the plight of Subedar R Balakrishna of MEG. The subedar, who is a Kargil hero, is alleged to have been beaten up by R Raju and his henchmen when he tried to stop them from disconnecting water supply to his house.
