BDA confirms 'G' site allotment to Hebbal MLA was against rules

The Bangalore Development Authority (BDA) has sent a report to the government confirming that the `G` category site allotted to Hebbal MLA Y Narayanawamy was in violation of allotment rules.

BDA commissioner Rajkumar Khatri confirmed the violation, but is yet to initiate proceedings to restore the site.

Based on a DH report and a complaint by an NGO – Committee on Judicial Accountability (CJA) --  Additional Chief Secretary (Urban Development Department) Mahendra Jain had written to the BDA secretary to conduct an enquiry and submit a report on the action taken.

The BDA commissioner in his report stated that a spot inspection was conducted and found that not only was the allotment illegal, but Narayanawamy had also constructed a commercial building on the residential site allotted to him. The report is silent on the issue of the allotment made against BDA site allotment rule 10 (3), which is the main contention in the complaint.

The rule states that “any person who or any dependent member of whose family, owns a site or a house or has been allotted a site or a house by the BDA or a co-operative society in the city or anywhere in the state, shall not be eligible for the allotment”.

 The BDA commissioner himself has got the power under the provisions of BDA allotment rules 13 (9) to take back the site. He, however, has requested the government to direct him for further action.

BDA can exercise its power if the allotment is obtained by fraud or by concealing facts. It can take over the site and its cost can also be forfeited.

The complaint by the NGO to the BDA stated that the MLA and his wife owned sites in Bengaluru before the allotment of the ‘G’ category site in 2009.

At the time of allotment of ‘G’ category site in 2009, Narayanawamy’s wife B N Usha Nandini owned a property at 4th Main, Dollar’s Colony in RMV 2nd stage. She also owned another property in MSR Nagar. Besides, Narayanaswamy jointly held a property at survey number 89 at Shettigere in Jala hobli.

The MLA, in his letter to the BDA on September 19, 2006, however, claimed that he was in need of his own residential house in Bengaluru to discharge his public duties.

 The ‘G’ category site (number 1073 measuring 4,000 sq ft) was allotted to Narayanaswamy at HRBR Layout 1st Stage, 5th Block on November 4, 2009. The allotment was in violation of rule 10 (3) of the BDA (Allotment of Sites) Rules 1984.