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THE GOVT VALIDATED G-CATEGORY SITES BY SUBSTITUTING NEW RULE 5 OF BDA (ALLOTMENT OF SITES) RULES 1984

 
 
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THE GOVT VALIDATED G-CATEGORY SITES BY SUBSTITUTING NEW RULE 5 OF BDA (ALLOTMENT OF SITES) RULES 1984
by System Administrator - Sunday, 4 October 2015, 1:15 PM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru:As per HKHC order in WP 23475/2010 C/W WP 1032/2006 and WP 36275/2009 (BDA PIL) liberty was reserved the Government to frame appropriate rules in accordance with law and using this liberty government issued Gazette notification No UDD 475 MNJ 2014 by amending rule 5 of of BDA (Allotment of sites) Rules 1984 by substitution of new rule 5 in it which is effective retrospectively since 1984 as rule 5 is substituted inRule 5 of BDA (Allotment of sites) Rules 1984 and this validates all allotments and Government orders made but still they have not been allotted the sites since 1984 by Government as per as per BDA Act 1976 and Rule 5 of BDA (Allotment of sites) Rules 1984 as per section (9) and complying with the guidelines issued by the government in that regard from time to time by Karnataka Government.

With amendment of Rule 5 of BDA (Allotment of sites) Rules 1984 the court order became infractuus and government shoulf file an affidavit and can seek HKHC for winding up of the Committee constituted for the purpose of this as according to court order government has complied the HKHC order in WP 23475/2010 C/W WP 1032/2006 and WP 36275/2009 (BDA PIL) and framed appropriate rules in accordance with law. Individual cases can be dealt with separately as per law if any about complaints of allotments to in eligible candidates or persons as now law is in place and accordingly BDA can take corrective steps .

In view of the Gazette notification No UDD 475 MNJ 2014 ,Banagaluru Dated 20-05-2015 which is effective retrospectively since 1984 as rule 5 is substituted inRule 5 of BDA (Allotment of sites) Rules 1984 ,Wherefore request is made for Allotment of G category site to Mr M.S.Rajshekhar as per Government order Number UDD 407 BLA 2005dated 27-01-20006 is valid and legal & as per BDA Act 1976 and Rule 5 of BDA (Allotment of sites) Rules 1984 as per section (9) and complying with the guidelines issued by the government in that regard from time to time by Karnataka Government .It is pertinent to note that High court order in WA 2066/2006 dated 12-09-2007. The Division Bench of Honble justice Sridhar Rao and Honble justice L Narayan Swamy clearly states that BDA is subordinate to Government and cannot question the act of Government and BDA is bound by directions issued under Section 65 of the BDAActin respect of G category of site.