Karnataka High Court deprecates BBMP for changing stand; dismisses BJP leader N.R. Ramesh’s plea with fine of ₹10,000

The High Court of Karnataka has deprecated the Bruhat Bengaluru Mahanagara Palike (BBMP) for its changed stance, contradictory to its earlier recommendation for grant of Transferable Development Rights (TDR) for acquiring land outside the city for establishing garbage treatment plant.

A Division Bench, comprising Chief Justice N.V. Anjaria and Justice K.V. Aravind, made the observations while dismissing, with costs of ₹10,000, a PIL petition filed by BJP leader N.R. Ramesh, who had questioned grant of TDR to private landowners 11 years ago.

“The conduct and stand taken by the BBMP, in appearing [through its advocate] without notice and proceeding to make elaborate submissions, contrary to State government’s stand was incomprehensible. The proposal for the garbage plant was mooted by the BBMP itself,” the Bench said while observing that “this aspect became indicative to suggest that the petition might be a collusive attempt to misutilise the public interest jurisdiction [of the court]”.

While the State had justified the grant of TDR, the BBMP’s advocate had “advanced submissions in a conflicting tenor with the stand which was taken by the State government”, the Bench noted.

The Bench said that “Mr. Ramesh’s locus standi as a public interest petitioner is also to be viewed with suspicion for the bona fides as the petitioner was leader of a political party, also a councillor in the BBMP, who did not raise his voice during his councillorship.”

“The purposes of filling petition, at a later stage, after a gap of 11 years, may be known to him,” the Bench said while while pointing out that “yawning gap of 11 years itself smacks lack of bona fide on part of the petitioner” as there was no whisper in his petition for the delay of 11 years.

It was alleged in the petition that acquisition of land at Kodiyala Karenahalli village, Ramanagara taluk, during 2013 in favour of the BBMP to set up a garbage treatment plant and issuance of TDR has wrongfully benefited private individuals and developers, and had caused huge loss to the exchequer.

Published - November 19, 2024 07:00 am IST