HC raps BDA boss for ignoring summons

Demolition is not the order of law, this is democracy

Meena was directed to be present before the court in connection with the demolition of some houses at RMV 2nd Stage. The petitioners Srinath Hegde and others had moved the High Court stating that the BDA, without issuing notices, had demolished their houses, leaving them homeless.

Justice Shylendra Kumar had summoned the commissioner in this connection and he did not appear. The court said, “It is left to the public servant concerned to appear before the court or not. If he wants to show disrespect to the court, it is up to him,” the court said.

“Whether the officer appears or not, it will not affect the merits of the case. But the commissioner has to know about the misdeeds of his office regarding demolition of the houses of the petitioners,” the bench remarked. The court said, “Demolition and pushing people out of the houses is not the order of law. This is democracy.”

Noting that the authorities cannot take law into their hands, the court said, “You should follow due procedures of the law. Even a murderer must go through the order. You have demolished houses, people are living here with their children. Your commissioner owes an explanation,” said Justice Kumar.

 The bench adjourned the hearing in the matter, after directing the commissioner to appear before it during the next hearing. The petitioners had contended that the BDA had acquired their property situated at Annayyappa Layout at Geddalahalli on 1978 and it did not proceed further regarding development of the acquired property.

On May 15, 2010, the BDA demolished the houses of the petitioners without issuing any notice or following any due procedure of law.