Take back sites given illegally to VIPs: SC to BDA

The Supreme Court on Tuesday directed the Bangalore Development Authority (BDA) to “take back” seven ‘alternative’ sites it had allotted illegally to people in high places. Mere cancellation of the allotments is not enough, the court observed, and instructed the BDA to take possession of the sites.

Home Minister Araga Jnanendra is among those who benefited from the illegal allotments.

The orders were passed by Justice S Abdul Nazeer and Justice Sanjiv Khanna, who accepted a report submitted by the Justice A V Chandrashekar Committee.

The committee, appointed by the Supreme Court, had found that the BDA had allotted alternative sites to prominent persons in RMV 2nd Stage by defying an SC order dated October 2021.

DH, in an exclusive front-page article titled ‘Panel probe: Netas cornered prime plots’ had reported the scandal on October 2. Jnanedra, former MP Basavaraj Patil Sedam, and MLAs Veeranna C Charantimath and Abhaya Patil were among those who got prime alternative sites, each measuring 50 by 80 sq ft, in North Bengaluru.

Also Read: Panel probe: Netas cornered prime plots

The probe panel had found the senior officers violated Rule 11 (A) of the BDA (Allotment of Sites) (Amendment) Rules 2003 and the Supreme Court’s Oct 2021 order. The court has ordered allotment of sites formed in developed layouts only through public auction.

“You have mentioned certain violations in the allotment of alternative sites. The committee has given details of the violations. You have not cancelled any sale deed. This has allowed certain people to have four to five sites at a time,” Justice Nazeer said and asked the counsel representing the BDA what action it had taken to recover the sites. “What law is being followed to take possession of the sites,” he asked specifically.

S K Kulkarni, representing the BDA, sought more time.

Unhappy with the response, the bench observed that mere cancellation of the sites was not enough. “The allottees should come and execute a conveyance deed in your favour. The sale deed cannot be cancelled unilaterally. Selling the property and taking unilateral cancellation does not work. Advise the BDA suitably,” the bench said.

The court gave detailed instructions as mere cancellation of allotment does not have any legal standing as the allottee can continue to occupy the property.

In a separate observation, the bench also ordered the Justice A V Chandrashekar Committee, monitoring the regularisation of buildings constructed in Shivaram Karanth layout, to supervise the formation of the layout.