HC directs BDA to act against DVS, Jeevaraj

Former CM, minister accused of violating allotment rules

The High Court of Karnataka on Friday directed the Bangalore Development Authority (BDA) to take action against former chief minister D V Sadananda Gowda and Minister for Food and Civil Supplies D N Jeevaraj, in a case pertaining to violation of rules in the allotment of a site in HSR Layout.

The direction was issued while hearing a petition filed by Nagalakshmi Bai, alleging that Gowda amalgamated a site measuring 50x80 sq ft allotted to him under the ‘G’ category with the adjoining site belonging to Jeevaraj, and constructed a five-storey commercial complex in a residential area.

The Division Bench comprising Justices D V Shylendra Kumar and H S Kempanna directed the Authority to take action in three months’ time for violating conditions stated in the affidavit filed by them when the sites were allotted.

Sanction plan

The court also struck down the sanction plan issued by the Bruhat Bangalore Mahanagara Palike for the construction of the complex, stating it was not sustainable in law.

The Bench observed that the authorities made efforts to sustain their illegal acts instead of taking corrective measures

Public confidence

“If such violations are committed by persons in such high position, then public confidence in the political system gets eroded,” the High Court said.

Bai, in the petition, alleged that the BDA rejected Gowda’s application seeking approval to amalgamate the sites, on September 24, 2009. But Gowda constructed the complex in the residential layout, violating the BDA rules.

Two sites

Amalgamation of sites was not permitted even if the property belonged to members of the same family unless the owner had two sites in his/her name, Bai said.
Gowda allegedly violated the 10-year stipulated period, during which an allottee never becomes an absolute owner and cannot convert the site into acommercial area without BDA’s permission.