HC stays Palike order taxing land for lung space

According to the Palike directive, the buildings constructed in an area of over 20,000 sq meters in residential areas and 12,000 sq meters in non-residential areas must reserve ten per cent of the land for lung space. In case of failure to comply with, the property owners have to shell out 10 per cent of the market value of land as tax.

Ashwathanarayana and 12 others had challenged the order after the Palike served a notice asking to pay up Rs 2.51 cr as tax, citing an order dated June 9, 2010 issued by the BBMP commissioner.

The petitioners claimed that commissioner had no power, competence or jurisdiction to impose tax or levy fees through office order. The right to impose tax is legislative in nature and the commissioner had no competence over the subject matter, they contended.

The petitioners said the notification does not stipulate collection of ten per cent or 15 per cent of market value of land in case of construction of residential or non-residential buildings over a single plot. They termed the order contrary to provisions of the Karnataka Town and Country Planning Act, 1961 and zoning regulations. Justice B V Nagarathna stayed the operation of the order.

Three days a week for DRT

A Division Bench comprising Chief Justice J S Khehar and Justice A S Pachhapure has directed the Union Union Government to ensure that the Debt Recovery Tribunal in the City functions at least three days a week. The DRT is without a presiding officer for several months.

The Bench, while disposing off a suo motu petition, directed that the tribunal should function thrice a week, despite holidays. “If anything more can be done, ensure it,” it observed.

The Bench lambasted the Union government for not furnishing the details pertaining to appointment of the presiding officer. “This is a suo motu petition taken up by the HC. How can you say no information available?. We are disposing of the matter with displeasure,” it said. The DRT in the city has been without presiding officer after the suspension of the previous officer. A presiding officer from Chennai was given additional charge and he presides over the proceedings twice a a week.

Adjourned

The HC adjourned the hearing of a petition by Nithya Bhakthananda, seeking to quash the complaint against him by Lenin Karuppan in Ramanagara police station.

Lenin had alleged Bhakthananda of being hand in glove with Nithyananda. The petitioner submitted that he was wrongly framed in the case and there was no material against him.The Court called for the records and adjourned the matter.