S VASUDEVA Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) Writ Petition Nos. 23475/10 and 36275/09 are filed by one Vasudev, a member of this bar challenging the action of the Government and the BDA in allotting several sites under the guise of allotment of stray sites under 'G' category to various persons. W.P. No. 1032/06 is filed by the District Ryots Horata Samithi of Gulbarga represented by its President. The prayer in all these petitions are one and the same. The prayer of the petitioners is to declare Rule 5 of the BDA (Allotment of Sites) Rules 84 framed under the BDA Act 1976 empowering the BDA to dispose of the stray sites in accordance with the guidelines issued by the Government as arbitrary and to cancel the allotment made in favour of the respondents/allottees. It is the specific case of the petitioner that based on the application filed by individuals or on the recommendation of Ministers or MLAs, the Chief Ministers have issued directions to the BDA to allot sites to such persons under 'G' category and BDA without following the norms has allotted the sites to ineligible persons and therefore they request the court to declare the allotment of stray sites as bad in law, consequently to cancel the allotment made in favour of all the allottees/respondents.

(2.) In order to appreciate the facts of the case, it would be proper for us to quote Rule 5 of the BDA Allotment Rules, which reads as hereunder:

(3.) Based on the aforesaid Rules, guidelines were framed by the Government and the said guidelines are revised from time to time. The guidelines issued by the Govt., as per the Circular dt. 6.8.1997 reads as hereunder: