HC quashes PIL challenging appointment of airport planning authority chief

The High Court of Karnataka has dismissed a Public Interest Litigation (PIL) challenging the appointment of A Ravi as chairman of the Bangalore International Airport Area Planning Authority (BIAAPA).

A division bench comprising Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum noted that the appointment is covered by the ‘Doctrine of Pleasure’.

The petitioner, T Narasimhamurthy, had contended that Ravi had changed his address prior to the appointment to suit the requirement. He also claimed that the appointment was based on the recommendation letters by Yelahanka MLA S R Vishwanath and Revenue Minister R Ashok, also a close relative of Ravi. The petitioner claimed that Ravi does not possess the qualifications under Rule 5 of the Karnataka Planning Authority Rules, 1965.

Opposing the petition, the state government cited amendment to the rules with effect from September 2016 that included ‘social worker or any graduate’ as added qualification to Rule 5 (b) (iii).

The state specifically contended that no qualification is prescribed for the chairman and the eligibility is restricted only to the members who are part of the planning committee.

The bench also accepted the state’s submission that a report from the jurisdictional tahsildar and opinion from the Bangalore Metropolitan Development Authority were secured before Ravi’s appointment.

The counsel representing Ravi produced a record of rights to demonstrate that he owns ancestral lands within the planning area zone and claimed his acquaintance with the planning area.

“What emerges from the relevant rules and section, which are culled out, is that in so far as the appointment of the chairman is concerned, it is purely based on the Doctrine of Pleasure,” the bench said.

“The legislature, by bringing in amendment to Rule 5 of the Rules of 1965, intended to include persons belonging even from the field of social work and therefore, in the present case on hand, the appointment of respondent No 3 (A Ravi) as the chairman is at pleasure of the government,” the bench further added.

Check out DH's latest videos