S VASUDEVA Vs. GOVT OF KARNATAKA

JUDGEMENT

(1.) STANDING in the dock before us in this litigation are the Legislators, the representatives of the people. Charge against them is the usurpation of public largesse. Means adopted to benefit themselves are alleged to be their position in the society and proclaimed immunity from the purview of the Judicial process. The State largesse allegedly accumulated is in the shape of landed property in the city of Bangalore. Conferment of benefit is by the Bangalore Development Authority allegedly at the instance of the State Government. Law makers have been termed to be the law breakers. Violations alleged are that of the Bangalore Development Authority Act, Rules and Orders issued thereunder. Put at test is the judicial process and the prayers made are for the establishment of the supremacy of law.

(2.) ). The petitioner, an advocate of this Court being a social activist has ignitioned the mechanism of judicial redressal of grievances by invoking the jurisdiction of this Court under Art. 226 of the Constitution of India in public interest. He has prayed for the issuance of writ of certiorari or any other direction for quashing the out of turn allotments made in favour of present and former Member of Parliaments and State Legislatures including Ministers. He has further prayed for quashing the permission granted to such Legislators authorising them to sell the sites illegally allotted to them. It is further prayed that the Bangalore Development Authority (hereinafter called the 'authority') be directed to resume the sites allotted in favour of the Legislators, free from all encumbrances in exercise of the powers vesting in it under Rule 14 (c) of the B. D. A. (Allotment of Sites), 1984 (hereinafter called the allotment rules ). The petitioner has further prayed for directing the Central Bureau of Investigation, to conduct enquiry against the erring officials responsible for irregular allotments and grant of permission for selling the sites issued in favour of the Legislators.

(3.) IT is submitted that the authority has been constituted for the development of the City of Bangalore and the areas adjacent thereto and for matters connected there with. The authority has the power to undertake works and incur expenditure for the development of Bangalore Metropolitan Area in the manner prescribed under the Act. It is further obliged to formulate development schemes for that purpose. The Government has the power to require the authority to take up any development scheme or work and execute it subject to such terms and conditions as may be specified by the Government. In exercise of the powers conferred by S. 69 of the Act, the Government of Karnataka have made the allotment rules vide Notification No. HUD 622 MNX 83 dated 18th August, 1984. The rules provide the procedure and the method of making allotment of sites to the individuals and institutions eligible of allotment under Rule 10 thereon. It is contended that more than 80,000 persons have been registered, after deposits of amounts in terms of the Rules, for the purpose of allotment of sites of various sizes in response to the Notifications issued by the authority. The number of seekers of sites is increasing every day and such applicants are stated to be standing in the long serpent queue waiting for their turn of getting a site for provision of shelter to their family members. Allegedly overlooking the interests of needy and deserving applicants, the respondent authority is stated to have carved out means and methods for providing sites to the present and former M. L. As, M. Ps and Ministers apparently with oblique motives and mala fide designs. It is contended that most of such Legislators have their own sites in the City of Bangalore and those coming from outside, not having their own accommodation are provided cheaply, homely and commodious accommodation at the Legislators Homes. Many of the Legislators are alleged to be in permanent occupation of the accommodation in the State Legislature Homes. There was, therefore no necessity of providing any site for building houses in the City of Bangalore by such already benefitted Legislators. The allotments are stated to have been made completely in disregard to the Constitutional Provisions and the Statutory obligations. Specific reference is made to Rules 8, 9, 10, 11, 13 and 14 of the Allotment Rules which are stated to have been violated while making the allotments in favour of the Legislators. The action of the respondent authority has been termed to be arbitrary, discriminatory, illegal and motivated by extraneous considerations. Respondents No. 1 to 3 who are the trustees of the public properties are accused of being responsible and contributory not only to the breach of trust but also misappropriation of the public property. It is submitted that most of the allottees claiming to be representatives of the people, have plundered the public property by filing wrong affidavits and making factually wrong submissions for the purposes of getting permissions to sell their sites during the lease period in the open market by sale of sites for value rising upto Rs. 3. 00 Lakhs on each case. The sites are stated to have been procured by allotment only for the purposes of being sold and with the object of inflating the money bags of the aforesaid Legislators by the misuse of their position and the confidence reposed in them by the poor and down-trodden electorate of that State.