Court finds allotment arbitrary and unsustainable, emphasizing the need for fairness and adherence to statutory provisions in public property dealings.
In a landmark decision, the Karnataka High Court has quashed the allotment of a 'G' category site to Ms. Pallavi Ram, the daughter of a former Member of Parliament, citing the allotment as arbitrary, illegal, and violative of constitutional principles. The decision came as a result of a writ petition filed by Sri. K.N. Prakash, challenging the legality of the site allotment, which he argued was made through political favoritism and outside the purview of the Bangalore Development Authority (Allotment of Sites) Rules, 1984.
The division bench, comprising Justices D.K. Singh and T.M. Nadaf, scrutinized the allotment process and found significant lapses in adhering to the eligibility criteria under Rule 5 and Rule 10 of the BDA Allotment Rules. The court highlighted that the site was allocated to Ms. Ram based on political influence rather than merit, as required under the rules.
The court's judgment emphasized the importance of transparency and equity in the allocation of public resources, stating that favoritism and nepotism have no place in democratic governance. The judgment reinforced the principle that public property must be dealt with in a fair and equitable manner, ensuring that all actions are backed by sound, transparent, and well-defined policies.
The court also underscored the role of the Bangalore Development Authority (BDA) Commissioner, stating that the failure to exercise due diligence in preventing illegal allotments amounts to a colorable exercise of power. The judgment pointed out that any orders obtained through fraud or misrepresentation are void ab initio.
This decision is expected to have far-reaching implications for future allocations under the 'G' category and other similar schemes, setting a precedent for adherence to statutory provisions and safeguarding public interest against arbitrary actions.
Bottom line:-
Allotment of 'G' Category sites under Rule 5 of Bangalore Development Authority (Allotment of Sites) Rules, 1984 must strictly conform to eligibility criteria and procedural requirements; allotments based on favoritism, nepotism, or outside the purview of the Rules are unsustainable in law.
Statutory provision(s): Bangalore Development Authority (Allotment of Sites) Rules, 1984 - Rule 5, Rule 10; Constitution of India - Article 226; Bangalore Development Authority Act, 1976, Section 13.
Sri.K.N.Prakash v. State of Karnataka, (Karnataka)(DB) : Law Finder Doc id # 2923714
