The Karnataka High Court.
Credit: DH Photo
Former forest minister of Karnataka C H Vijayashankar will get to keep the 40 ft x 60 ft site allotted to him under the “G Category” by the Bangalore Development Authority (BDA) in 2006, according to a Karnataka High Court decision.
Though the High Court had in 2012 declared that sites allotted by BDA under the ‘G Category’ were illegal, the state government amended the Rules in 2022 allowing all allotments made since 2005 to be valid. Considering this, the HC allowed a petition by Vijayashankar and quashed an inquiry order that had cancelled the allotment.
The petition filed by the former minister in 2022 came up before the division bench of Justice G Narendar and Justice Vijaykumar A Patil. In their judgment earlier this month, the bench allowed the petition.
Vijayashankar was allotted the site bearing survey number 89B at HSR, Sector 3, Bengaluru on October 9, 2006. He claims to have paid the entire sale consideration to the BDA. The lease-cum-sale deed was executed on January 24, 2007.
A petition in the HC filed in 2010 challenged the action of the state government and the BDA in allotting stray sites under G Category to various persons. In an order dated August 25, 2012, the HC declared that the sites allotted by the BDA under G Category were illegal.
Based on the HC order, a committee was constituted to consider all applications made under G Category. The committee, after providing Vijayshankar a hearing, declared that he was not eligible for allotment and recommended to the BDA to cancel it and take over the site.
However on April 13, 2022, the state government issued a notification amending Rule 10 of the Bangalore Development Authority (Allotment of Sites) Rules. The order came into effect retrospectively from December 14, 2005. By virtue of this order, the allotment made to Vijayashankar became legal.
Based on this, Vijayashankar approached the HC. The BDA did not dispute the arguments of Vijayashankar’s counsel, the HC noted, allowing the petition and quashing the order of the committee.