Karnataka High Court junks BJP leader's PIL alleging TDR scam, slams BBMP for collusion

The Karnataka High Court on Monday dismissed a public interest litigation (PIL) petition alleging corruption in the grant of transferable development rights (TDRs) in Bengaluru at 'throwaway' rates in exchange for the use of land in Kodiyala Karenahalli to set up a garbage plant..A Bench of Chief Justice NV Anjaria and Justice KV Aravind observed that the Bharatiya Janata Party (BJP) leader and former Bruhat Bengaluru Mahanagara Palike (BBMP) councilor NR Ramesh had failed to explain why he had approached the Court over a decade after the State passed its 2013 order permitting the grant of TDRs. "In the pleadings, not a whisper is found about the delay in instituting such a petition after years. In any view, the court can not entertain the PIL after more than a decade more particularly it is not found to be containing any merit," the Court said. The Bench also raised suspicions about whether the BBMP had colluded with the petitioner, after it was noted that certain submissions made by the municipal authority's counsel appeared to conflict with the State's stance in the matter.The Court slapped ₹10,000 costs on the petitioner while dismissing the plea. .The petitioner's counsel had argued that valuable TDRs for use of land in Bengaluru were granted in exchange for the State's use of property far away from Bengaluru. He contended that there were rules that must be followed before TDRs are granted but such rules were flouted. He added that even the previous Advocate General had given an opinion saying that this cannot be done. He asserted that the petitioner was not against the establishment of garbage plants; rather he was on the issue of how TDRs were granted, causing losses to the State exchequer and misuse of taxpayer money. This is a very vital issue, the counsel contended. The State, represented by an Additional Advocate General, urged for a dismissal of the petition, arguing that it was only filed for political mileage, more so since Ramesh had not raised any such complaint while he was still serving as a BBMP councilor.The BBMP's counsel, meanwhile, raised concern that grant of TDRs or an ensuing Development Rights Certificate (DRC) for land use within the BBMP's limits may cause nuisance in Bengaluru. He pointed out the 'far away' land given in exchange for TDRs was over 40 acres in area. The Chief Justice, however, questioned why the BBMP's counsel was making elaborate submissions instead of giving a straight answer to whether the BBMP was in favor or against the dismissal of the plea."Why you are arguing? Your stand is contrary to the government's stance and contrary to 2013 circular, isn't it?" the Chief Justice asked."This 2013 government order - is it proper or not?" the Court eventually asked.The BBMP counsel replied by saying that 2013 order is a proper order, and that the BBMP has never challenged it. .The Court proceeded to deprecate the BBMP's arguments in its order. "While parting, it is to be observed that the BBMP appeared ... The submissions which were advanced at a conflicting tenor with the stand with which was taken by State government. This aspect became indicative to suggest that the petition might be a collusive attempt to misutilise the jurisdiction of public interest in the court. The conduct and stand taken by BBMP in appearing without notice and proceeding to make elaborate submissions was incomprehensible," it said.It proceeded to dismiss the PIL with a strong note of deprecation, and added that costs of ₹10,000 should be paid by the petitioner to the Karnataka Legal Services Authority (KLSA)..[Read Order].[Read Live Coverage]