The Karnataka High Court.
Credit: DH File Photo
The Karnataka High Court has imposed a cost of Rs 10,000 upon former BJP corporator NR Ramesh while dismissing a public interest litigation (PIL) filed by him.
He had challenged the Transferable Development Rights (TDR) granted on January 3, 2013, in respect of 40 acres nine guntas land situated at Kodiyala Karenahalli Village, Ramanagara Taluk where the land was to be utilised for establishment of Wastage Treatment Plant of the BBMP.
According to the petitioner, the TDR was issued in favour of Venkateshwara Developers and Balaji Infrastructure and Developers and they along with
C Thimmaiah and TC Muniraju wrongfully benefitted by utilising the TDR beyond the prescribed 25 km limit as mentioned in the permission. This was after concession granted to the Deputy Commissioner, Department of Land Acquisition and Transfer Development Rights (TDR).
The concession is stated to be given as one time measure for utilisation of land as per the decision taken in the cabinet meeting.
A division bench comprising Chief Justice NV Anjaria and Justice KV Aravind noted that the proposal was agreed to as a special case by the state government at the request of BBMP. The court also observed that the petitioner, who was a councilor, did not raise voice all these years, including the period when he was in the BBMP. The bench pointed out at a considerable amount of delay of eleven years in raising the grievance.
“The gap of eleven years itself smacks lack of bona fide on part of the petitioner. In the pleadings, not a whisper is found about the delay in instituting such a petition after eleven years. In any view, the Court would not entertain the public interest petition filed after more than a decade, even otherwise, it is not found to be containing any merit,” the court said.
The bench also noted that the advocate representing the BBMP appeared voluntarily and made submissions.
“The submissions were advanced in a conflicting tenor with the stand which was taken by the State Government. This aspect became indicative to suggest that the petition might be a collusive attempt to misutilise the public interest jurisdiction.
"The conduct and stand taken by the BBMP, in appearing without notice and proceeding to make elaborate submissions, contrary to state’s stand was incomprehensible. The proposal for the garbage plant was mooted by BBMP itself. Leaving it however, with strong deprecation, the petition is dismissed with cost of Rs.10,000 to be deposited with the Karnataka High Court Legal Services Authority,” the court said.