While the Bangalore Development Authority (BDA) is confident of restarting allotment of stray sites under G category, with the new amendments to BDA (Allotment of sites) Rules, 1984, questions have been raised over its legal tenability.
Allotment of sites under G category sites was suspended in December 2010 following a High Court order. The order observed that the State government had no power or authority under Section 65 of the BDA Act, 1976, to direct BDA to allot sites under G category. The order was upheld by a division bench in 2012, which also observed that the definition of people in public life is not clear.
The amendments to BDA (allotment of sites) Rules, 1984, gazetted on October 8, specifically frame guidelines for allotment of stray sites of which 30 per cent has been reserved for persons in public service to include present and former elected representatives. There are nearly 8,000 stray sites in the city of which 2,400 will now be set aside for allotment to such persons.
However, a former BDA commissioner said that amending the rules is insufficient. The ex-official explained that the BDA Act had to be amended for the government to be empowered to give such directions on allotment of sites. “Amending the Act cannot be an executive decision. It has to be passed by the legislature and approved by the governor,” he said.
However, BDA Commissioner T. Sham Bhatt said, “In 2012, the High Court had directed stopping allotment of G category sites, as there were no clear guidelines. Now the government has amended the BDA (allotment of sites) Rules, 1984 laying down clear guidelines. Thus, it is not violation of the court order.”
This move comes even as the government appointed three-member committee, headed by retired High Court judge A.M. Farook, to probe G category sites, is seized of the matter.
The committee was formed in February 2015, after the government rejected the earlier Padmaraj Committee, which recommended cancellation of allotment of 308 sites, many to top politicians. The cancellation was recommended on the grounds that the allottees had submitted false affidavits claiming that neither they nor their dependents owned any property in the city.
1994
G Category sites being alloted since 1994 at the discretion of the CM. Only stray sites alloted under this category.
December 2010
The High Court states that the government has no power or authority under the BDA Act to allot G category sites.
2012
The State government forms judicial enquiry committee led by retired judge B. Padmaraj; CAG report examined allotment of 438 sites.
October 2013
Committee submits report recommending cancellation of allotment of 308 sites for false affidavits. Government forms cabinet sub-committee to study the report.
February 2015
Government rejects Padmaraj committee report.
March 2015
Government forms another committee led by retired Judge A.M. Farook to again probe the issue.
