Bangalore:
In a bid to score brownie points, Chief Minister B S Yeddyurappa wasted no time in announcing that members of the Indian squad, which won the World Cup would be allocated 50x80 BDA plots 30 km from the city.
However, little did he know that he would not be able to keep his promise because he has no authority to make such an announcement?
The Karnataka High Court had made it clear that the government has no power to direct the Bangalore Development Authority (BDA) to allot sites to anyone, as the urban development authority is an autonomous body.
Disposing off a case related to a BDA site allotted to Former Minister Kumar Bangarappa, Justice Abdul Nazeer ruled on December 15, 2010 that neither the state government, nor the CM have powers to issue directions to BDA for allotment of sites, and that there must be no out-of-turn allotment whatsoever.
"The verdict clearly states that the CM cannot gift BDA sites to anybody. Hence, Yeddyurappa's announcement is illegal," said S Vasudev, a city-based lawyer on whose PIL the High Court gave the landmark judgment.
The rules of Urban Development Authority regarding site allotment say that the urban body can consider applications of eminent personalities for allotment of sites under G-category, provided they submit an affidavit after registering their names saying that they don't have property in the limits.
Also, submission of domicile certificate to prove they have lived in the limits for at least 10 years is also necessary. However, the government has no role to play in this domain and the urban body is required to take decisions on its own.
"It seems that Yeddyurappa is ignorant of the rules and the HC verdict. All that he wants to do is cover his irregularities in the World Cup glory," said M B Shiva Kumar, an RTI activist who unearthed the BDA site scam involving the CM. Shiva Kumar added that the CM has spoilt the celebratory mood by making such a promise, which he cannot fulfill.
Bharat Lal Meena, commissioner of BDA, said, "I know that the government cannot direct us to allot sites. I don't know in what context the CM made this announcement. However, we have not received any official communication from the government yet."
"Things are still in the announcement stage and follow-up steps are yet to be taken," said a secretary to the CM. He added that in the wake of the High Court judgment, he can only request the BDA to consider this case, and it is up to the BDA to take the final call.
The Punjab and Haryana High Court also ruled that the state government has no authority to influence the urban development authority in allotment of sites.
The Haryana Urban Development Authority (HUDA) had allotted sites to eminent personalities including Hindi film actor Madhuri Dikshit under G-category.
The High Court quashed the allotment saying it was in violation of rules. The Supreme Court upheld the judgment after the Haryana government moved to the Apex Court challenging the High Court verdict, in 2004.
The Chief Minister was not as generous when the girls from Karnataka -- Aswini Shetty and Mamata -- won gold in the Commonwealth and Asian Games.
After the media launched a scathing attack, Yeddyurappa announced BDA sites for Shetty and Mamata. However the girls still haven't got the promised land.
BBMP commissioner S K Nataraj had said that a road in the city would be named after Indian skipper Mahendra Singh Dhoni.