D NARAYANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE applicants in I. A. II are the devotees of the temple situat6d in the land which is the subject matter of this Writ Petition. They being interested persons in the land in question, and therefore they are necessary and proper parties to these proceedings. The applicants in I. A. XIII are the purchasers of the sites formed in the land in question. Any order passed in this case will be binding on them and therefore they are also necessary and proper parties. Hence, both the I. A. s II and XIII are allowed.

(2.) THIS is a classic case of exhibiting the style of functioning of officers of Bangalore Development Authority (hereinafter in short referred to as "bda") in a dictatorial manner either without understanding the statutory provisions, law laid down in a catena of decisions, violating rule of law or in utter ignorance of law. They have exercised powers illegally, arbitrarily and discriminately giving a go-bye to all norms, guidelines and principles required to be scrupulously followed for taking possession of the acquired property, formation of layout and dispose of the sites either by way of allotment or sale of the same in accordance with the Rules framed by the State Government in exercise of its statutory power under Section 38 of the BDA Act of 1976 (in short referred to as 'bda Act' ). The arbitrary exercise of power by the officers for demolition of the existing structures upon the property in question, formation of the sites and disposal of the same in the public auction utter violation of the Bangalore Development Authority (Disposal of Corner Sites and Commercial Sites) (Amendment) Rules, 1984 shocks the conscious of this Court.

(3.) THE brief facts of the case leading to the arbitrary action warranting certain observations of this case are as under: