Bangalore, Oct 20, 2012: The Karnataka High Court has directed the Bangalore Development Authority (BDA) to take action against D. N. Jeevaraj, food and civil supplies minister, and D. V. Sadananda Gowda, former chief minister, for violating norms of site allotment. DVS is on the verge of losing his newly constructed commercial complex in Bangalore.
The high court has also cancelled the Bruhat Bangalore Mahanagara Palike’s (BBMP) approval of their building plans.
According to the site allotment terms and conditions, the BDA can cancel the allotment for violation of terms and conditions by issuing a notice and forfeiting 12.5% of the deposit amount. The BDA can also withdraw the site without having to compensate the parties to who it was allotted.
A Karnataka High Court division bench comprising Justice H. S. Kempanna and Justice D. V Shylendra Kumar heard a public interest litigation (PIL) filed by K. G. Nagalaxmi Bai alleging that DVS and Jeevaraj had violated building laws and norms while constructing structures on sites in Bangalore’s HSR Layout.
The court noted that the BDA had rejected their request to amalgamate their sites, in spite of which the two had constructed structures in violation of the plans approved by the BBMP. After the PIL was filed in Aug 2011, the BBMP approved the modified plan, stating that the modified plan was acceptable according to revisions in zonal regulations. But the bench noted that this approval was clearly an attempt to cover up the initial violation of construction norms on the part of the two.
The court stated that, according to the fourth condition of the agreement, the parties to who the sites are allotted cannot divide the site or construct structures with more than one dwelling unit, adding that Mr. Jeevaraj and Mr. Gowda were well aware of these terms although the BBMP might not have been aware. The court also observed that the authorities concerned took no action against the two for violating building norms.