Site news

EWS WHAT IS REQUIRED TO BE CONSIDERED IS INCOME OF INDIVIDUAL AND NOT OF HER HUSBAND AS PER RULE 2(D) OF THE BDA RULES

 
 
Picture of System Administrator
EWS WHAT IS REQUIRED TO BE CONSIDERED IS INCOME OF INDIVIDUAL AND NOT OF HER HUSBAND AS PER RULE 2(D) OF THE BDA RULES
by System Administrator - Wednesday, 11 May 2016, 7:14 AM
 
By : M.S.Yatnatti: Editor and Video Journalist Bangalore : In writ appeal No.3364 OF 2010(BDA)it was Held that : Considering the definition of Rule 2(d) of the BDA Rules and the case of the parties, came to the conclusion that what is required to be considered is, income of individual and not of her husband . Having heard the counsel for the appellant, we do not see any reasons to interfere with the order of the learned Single Judge, because the value of the site is Rs.56,000/- which is said to have been allotted for weaker sections of society. With an income of less than Rs.11,800/- per annum no family can survive in this country. Rs.11,800/- was fixed as a bench mark for allotment of sites under EWS category long back. The same is required to be enhanced from time to time considering the cost of living. There is a failure on the part of the Government in not enhancing the income to determine a person whether he comes under EWS or not and whether he could be categorized as Economically Weaker Section or not. On account of the lapse committed by the Government, a person who is really entitled for allotment cannot be penalized. Every year, the Government is bound to fix the ceiling of income for all the categories. When there is a failure on the part of the Government, the authorities cannot set aside the order of allotment. BDA should to stop exhibiting the style of functioning in a dictatorial manner either without understanding the statutory provisions, law laid down in a catena of decisions, violating rule of law or in utter ignorance of law. Request is made to Revoke the cancellation order made in respect Smt Vimala SC/ST applicant of site allotment letter No BDA/DS-IV/667/ark-BLK-III/2005-06 DATED 30-12-205 as BDA need to consider only the income applicant woman and not of her husband as Quoting BDA Rules, the judge in a recent order had said what is required to be considered is the income of the applicant and not that of her husband. The Karnataka high court has wondered whether any family can survive on an annual income of less than Rs 11,800 -- the ceiling to apply for Bangalore Development Authority sites under the economically weaker sections (EWS) category. Observing that the government must revise the ceiling for all categories every year, the high court has said a beneficiary must not pay for government's failure. "The Rs 11,800 ceiling was fixed long ago. The same is required to be enhanced from time to time. There is a failure on the part of the government in not enhancing the income to determine (if) a person is eligible for EWS (sites) or not,” a division bench observed, dismissing a writ appeal filed by the BDA"On account of the lapse committed by the government, a person cannot be penalized. Every year, the government is bound to fix the ceiling for all the categories. When there is a failure on the part of the government to do so, the authorities cannot set aside the order of allotment three years after the same was made” the bench has observed, upholding the order of a single-judge bench. Shakeerabi, from Ilyasnagar, had applied for an EWS site with a claim that her annual income is Rs 10,000. She was allotted a 20x30ft site, and paid Rs 56,000 for it. Three years later, the BDA issued a show-cause notice, saying she had concealed the family's income. Her family's annual earnings stood at Rs 21,000, factoring her husband's income, it said. On June 8, 2007, the BDA revoked the site allotment. A single-judge bench had quashed the cancellation of the site. Quoting BDA Rules, the judge had said what is required to be considered is the income of the applicant and not that of her husband.