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‘Can’t adopt studied silence’: Karnataka High Court slams officials for sitting on plea seeking housing sites
The Praja Vimochana Chalavali Samathavada and Karnataka Dalitha Sangarsha Samiti had approached the court seeking a direction to consider three representations made by them for issuing property ownership documents to the members of their associations.
The Karnataka High Court said that when representations are submitted invoking a statutory scheme or a welfare measure, the authorities concerned are under a legal obligation to advert to such representations and take a reasoned decision. (Image generated using AI)
The Karnataka High Court has directed the state government not to sit over representations made by individuals or associations seeking allotment of land sites for constructing houses for people belonging to the economically weaker sections.
“The executive cannot remain supine or adopt a policy of studied silence when citizens approach it by way of representations seeking enforcement of a scheme or benefit,” Justice Sachin Shankar Magadum said in an order dated April 17. “Sitting over representations without consideration amounts to abdication of statutory responsibility and is antithetical to the rule of law,” the court added.
The petitioners, Praja Vimochana Chalavali Samathavada and Karnataka Dalitha Sangarsha Samiti, had approached the court seeking a direction be issued to the state government and the Bruhat Bengaluru Mahanagara Palike (BBMP) to consider three representations made by them for issuing hakku patra (property ownership document) to the members of their associations.
The petition claimed that in 2024, the BBMP deputy commissioner wrote to the Bangalore South taluk tahsildar and executive officer to reserve land in Survey No. 55 at Kembattahalli under the Ashraya scheme for members of Dalitha Sangarsha Samiti.
Advocate Srikanth N V, appearing for the petitioners, said, “Petitioners made three representations last year along with a list of houseless members to whom the land sites should be allotted, but they were not considered by the authorities. The inaction of authorities defeats their (members of association) Right to Shelter, which is guaranteed under Article 21 of the Constitution of India. Also, the inaction has the effect of defeating the very object of welfare schemes.”
The court said in its order that when representations are submitted invoking a statutory scheme or a welfare measure, the authorities concerned are under a legal obligation to advert to such representations and take a reasoned decision.
Further, the order said, “The power vested in the executive is coupled with a corresponding duty to exercise such power in a fair, reasonable and time-bound manner.”
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Allowing the petition, the bench directed the authorities to consider the representations within 12 weeks and pass a reasoned order.
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