For over a year now, the
Bangalore Development Authority has been placing advertisements in newspapers
announcing the public auction of corner as well as intermediary plots. Even as
BDA officials hailed the initiative as a solution to the agency’s revenue
crunch, several rights groups including the Arkavathy Layout Allottees
Association have accused the BDA of running a real estate business.
However,
an April 2009 High Court order dug out by an activist shows that the auction of
intermediary plots is not just a controversial policy issue but also rank
illegal.
Addressing
a press conference here on Sunday, RTI activist B.M. Shivkumar produced a copy
of an April 24, 2009 division bench order which clearly states that only
residential corner and commercial plots can be auctioned.
Para 19 of
the order states that “as per provisions of the BDA (disposal of corner sites
and commercial sites) Rules 1984 corner sites are required to be disposed of
only by public auction”.
However,
in respect of other residential or intermediary plots, the order quotes the
same 1984 rules to state, “intermediary sites are required to be offered for
allotment to eligible persons as per Rule-3. These intermediary sites cannot be
disposed of by public auction.” Further the order states that non-corner,
residential plots are to be allotted to eligible applicants.
Brandishing
a clutch of advertisements issued by the BDA announcing the auction of
intermediary plots, Mr. Shivkumar said, “This auction is completely illegal. It
is in violation of a High Court order that is based on the 1984 rules notified
by the government.”
He also
said that those who purchase these plots in the auction might be running a huge
risk. “Anybody can challenge these purchases in court. Those buying plots in
auctions should be careful as the court might annul the transaction,” he said.
Criticising
the BDA, he said that there are lakhs of people waiting for plot allotments in
the city. “Instead of giving them allotments that are due for as many as 30
years [in some cases], they are running this money making racket,” he said.