Panel to scrutinise discretionary quota house site allotments

The committee should comprise two high court judges and a retired Chief Secretary,the court held,disposing of the PILs filed by city-based advocate S Vasudeva.

The “G” category sites are alloted by BDA to eminent personalities in public life under discretionary quota.

The petitioner had challenged the BDA’s allotment of 250 sites between February 2,2006 and October 8,2007,when H D Kumaraswamy was the chief minister and 66 sites in 2009 when B S Yeddyurappa was the chief minister. In all,the allotment of 316 sites under “G” category was challenged.

The petitioner had contended that the allotments were illegal and against the rules. He said these sites were allotted without receiving any applications from the allottees,while thousands of people waiting for the sites were neglected.

The court said the committee shall examine each and every case individually and find out whether the respondent allottees are eligible for such an allotment as per BDA rules (which stipulate among others the allottees should not own any other site or house in the city either in his name or that of his family members and that he should be a domiscile of Karnataka).

In case the allottees are eligible,such allotments can be saved. In case of the allotment being illegal and substantial construction had taken place or the site had been sold,the allottee will have to pay double the guidance value of that site as on the date of allotment.

In case the allotment is illegal and the site is vacant,BDA can take possession of it and will have to pay back the allottee the amount deposited by him at the time of allotment.

If any of the allottees wish to surrender their site,they can do so and BDA will have to pay them back.

The court also directed the allottees not to proceed with any further construction on their sites till the cases were considered individually by the committee.