BASAVESHWARA NAGAREEKA Vs. M.A. SETHURAM

JUDGEMENT

(1.) THE petitioners contend that they are the President and Treasurer respectively, of Sri Basaveshwara Nagareeka Kshemabyudaya Sangha, a Society registered under the Karnataka Co -operative Societies Registration Act, 1960. That society is registered in Chitradurga for the stated purpose of upliftment of parks, roads, civil amenities, cultural activities and other purposes.

(2.) RESPONDENT Nos. 1 and 2 are alleged to have illegally got allotted civic amenity sites which were exclusively reserved for community hall and cultural centre. Respondent No. 1 being the President of Chitradurga Urban Development Authority (for short 'CUDA'), is alleged to have illegally managed to publish notification in news papers which are not at all circulated in Chitradurga. The CUDA, without verifying all the records and without following the provisions of the Allotment of Civic Amenity Rules, 1991, is alleged to have mechanically passed a resolution on 4.2.2006 and allotted two civic amenity sites in favour of respondent No. 2 -Society which were reserved for community hall and cultural centre. According to the petition, Respondent No. 2 did not deposit the lease amount within three months of allotment of the said sites. Even then, the CUDA kept mum and did not take any action for cancellation of sites. After three years, the CUDA sent a notice dated 16.4.2008 to respondent No. 2 to deposit the lease amount within three months. Even on receipt of the said notice, respondent No. 2 did not deposit the lease amount. In view of that, the CUDA passed a resolution on 13.7.2009 and cancelled the allotment of civic amenity sites registered in favour respondent No. 2.

(3.) SURPRISINGLY , again on 31.8.2009, the CUDA wrote a letter to respondent No. 2 asking to deposit the revised price of Rs. 26,50,833/ - and Rs. 19,35,750/ - within four months. It is alleged that the said letter was issued as per telephonic order of the Deputy Commissioner. Respondent No. 2 requested CUDA to register sites in its favour for construction of school "building in the civic amenity sites. The CUDA, without verifying the earlier order of cancellation of sites and without demanding the revised price, casually and mechanically registered the sites formed in Sy. No. 76 of Medehalli, Chitradurga town in favour of respondent No. 2 by collecting a meager amount, according to the petitioner. As per the provisions of Section 39 of the Karnataka Urban Development Authorities Act, 1987 (for short 'the Act'), the Authority shall not sell or otherwise dispose of any area reserved for public parks and playgrounds and civic amenities for any other purpose, and any disposition made otherwise shall be null and void. It is the contention of the petitioner that respondent No. 2, without obtaining permission and licence from the concerned authorities, tried to construct school building in the civic amenity sites. The local persons and petitioner -society objected to such construction and submitted representation to CUDA "and the other authorities, to take action against respondent No. 2. Even after submission of the said representation, CUDA issued a commencement certificate to respondent No. 2 for construction of the school building, in the month of May, 2012. Respondent No. 2 is also stated to be trying to get licence for construction of the building in civic amenity sites. Hence, petitioners filed the present writ petition (PIL) for quashing the allotment of civic amenity sites and to take action against respondent Nos. 1 to 5.