BDA not state government department: SC

The Supreme Court has declared that the Bangalore Development Authority (BDA) is not a department of the state government, therefore it does not require administrative approval for issuing a tender notification on Dr Shivaram Karanth layout.

The top court directed the BDA to issue entitlement certificates in respect of the entire land acquired by it for the layout within a period of six weeks, "failing which a serious view will be taken."

A bench of Justices S Abdul Nazeer and Sanjiv Khanna pointed out the BDA is constituted under Section 3 of the Bangalore Development Authority Act, 1976, so it is a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of the property, both movable and immovable and to contract. Besides, it has also the power to execute the scheme sanctioned under the Act.

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"It is well-established that a public body invested with statutory power has to act within the limits of the authority committed to it. BDA is not a department of the state government. It has to act strictly in accordance with the provisions of the BDA Act or the Rules made thereunder. BDA as an authority constituted under Section 3 of the BDA Act, cannot even pass a resolution contrary to the provisions of the BDA Act or the Rules made thereunder," the bench said.

The court concluded that the action of the BDA in submitting the proposal to issue a tender to the state government for administrative approval is "unnecessary and uncalled for. Even the action of the state government in granting approval to the said proposal is also without any legal mandate."

It also declared the government order of July 8, granting approval for issuing tender notification for the layout was not required.

On July 28, the top court had asked the BDA and the Karnataka government counsel to explain under what statutory provision the BDA is required to submit the proposal for administrative approval of the state government for issuance of tender notification for the formation of the layout and the government’s power to grant approval to the said proposal.

Subsequently, both the BDA and the state government filed their responses but they have not explained the statutory provision, the court noted.

Examining compliance with its 2018 judgement on the formation of the layout, the court asked the BDA to give full particulars related to the allotment of 96 alternative sites in different layouts.

After going through a status report filed on August 8, the court noted that only 53 entitlement certificates have been issued till now and gave six weeks time for issuance of such certificates for the entire land acquired by it.

The court also issued directions for the BDA to take possession of 47 acres 1.5 guntas of land within a period of four weeks in respect of the land for connectivity within the layout.

After going through the nineteenth report filed by advocate Sanjay M Nuli on behalf of the Justice A V Chandrashekar Committee, the court directed the BDA not to acquire one acre of land being used by Maruthi Educational Society to run a school and another portion of land used for "Yashas Vidya Kendra” for imparting education from primary to high school level.

It also directed for regularisation of a total of 231 buildings on the recommendation of the committee.