"Order Drafted With Mindset Of East India Company From Bygone Era, Heart Not In Right Place"- Karnataka HC While Quashing Order Of BDA
A Karnataka High Court Bench of Justice Krishna S Dixit has quashed an order passed by the Bangalore Development Authority (BDA), while observing that "A bare perusal of the impugned order gives an impression that it is texted with the mindset of a Draftsman of East India Company of the bygone era and not by the one whose heart is at the right place. A few reasons amongst others that are assigned for denying relief to the petitioners are ridiculous, not to state more."
Senior Counsel D L Jagadeesh, along with Counsel Leela P, appeared for the Petitioners. Counsel Srinivasa Gowda, Counsel Chaitravathi, and Counsel BS Sachin appeared for the Respondents.
In this case, it was prayed that an order passed by the Bangalore Development Authority (BDA) be quashed and that the respondents issue necessary transferable development rights (TDR) certificates to the petitioners. The petitioners had given up their land on the assurance of being granted TDR, but the BDA had negatived the recommendation of the BBMP of issuing the TDR certificates.
The High Court was irked by the fact that the two statutory authorities, namely, BDA and BBMP had failed to keep their assurance. In that context, it was said that "the authorities could not keep their assurance, the subject land having been utilized for some other public purpose such as formation & widening of main road, housing layout of KEB Employees, etc. In fact, that was the reason, the petitioners were promised off TDR facility as a viable alternative. The conduct of the respondents in now turning around and denying the TDR certificates is liable to be met with by the doctrine of promissory estoppel".
Taking note of the poor and hapless condition of the petitioners, the Court observed that "Our Constitution which has ushered in a Welfare State ordains that Government & its authorities shall conduct themselves fairly, justly & reasonably while treating the grievance of the citizens who are unable to fend for themselves. Our Constitution having been founded on human values, the State and its authorities should adopt a humane approach to the problems of those in need of socio-economic aid."
In light of the same, the petition was allowed and the impugned order was quashed. The respondent authorities were directed to grant the TDR certificates to the petitioners. No orders were passed as to costs.
Cause Title: Smt. Jayamma & Ors. v. The State of Karnataka & Ors.