Site news

“UDD” DEPARTMENT HAS FAILED TO COMMUNICATE THE AMENDMENT MADE TO RULES “BY SUBSTITUTION” TO HIGH COURT

 
 
Picture of System Administrator
“UDD” DEPARTMENT HAS FAILED TO COMMUNICATE THE AMENDMENT MADE TO RULES “BY SUBSTITUTION” TO HIGH COURT
by System Administrator - Sunday, 19 February 2017, 10:15 AM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Despite Jayachnadra the law minister to issued an "official note” directing Principal Secretary UDD to file an affidavit in HKHC in WP 23475/2010 C/WWP 1032/2006 and WP 36275/2009 (BDA PIL) stating that " Earlier Government had no power to allot G Category sites and Government took power to allot G category sites retrospectively by way of amendment to Bangalore Development Authority (Allotment of site)(Amendment) rules 2015 which in turn amends BDA (Allotment of sites) Rules 1984 by "substitution” of new rule 5 in place of old rule 5 as HKHC order in WP 23475/2010 C/WWP 1032/2006 and WP 36275/2009 (BDA PIL) had grantedliberty to the Government to frame appropriate rules in accordance with law Mr K J George Bengaluru Development Ministerand UDD department has failed to take up follow up action after amendment and amendment was not communicated to high court as All MLAs MPs Ministers and social workers who have been allotted G Category sites by Government or have Government allotment letters but sites were not allotted by BDA stands to get the benefit by the Gazette notification No UDD 475 MNJ 2014 ,Banagaluru Dated 20-05-2015 which is effective retrospectively since 1984 as rule 5 is substituted in Rule 5 of BDA (Allotment of sites) Rules 1984.

Bangalore Development Authority (Allotment of site)(Amendment) rules 2015 have been published by the Gazette notification No UDD 475 MNJ 2014 ,Banagaluru Dated 20-05-2015 which has come into force from the 20-05-2015the date on which it is published in the official gazette of Government of Karnataka . This amendment of Bangalore Development Authority (Allotment of site)(Amendment) rules 2015 which in turn amends BDA (Allotment of sites) Rules 1984 by "substitution” of new rule 5 in place of old rule 5 . Which makes this amendment effective retrospectively since BDA (Allotment of sites) Rules 1984 is amended by BDA (Allotment of sites) Rules 2015 as rule 5 is "substituted” in Rule 5 of BDA (Allotment of sites) Rules 1984. "The word 'substitute' ordinarily would mean 'to put (one) in place of another', or 'to replace'. In Black's Law Dictionary, Fifth Edition, at page 1281, the word 'substitute' has been defined to mean 'To put in the place of another person or thing', or 'to exchange'. In Collins English Dictionary, the word 'substitute' has been defined to mean 'to serve or cause to serve in place of another person or thing'; 'to replace (an atom or group in a molecule) with (another atom or group)"; or 'a person or thing that serves in place of another, such as a player in a game who takes the place of an injured colleague'." This amendment was made as per HKHC order in WP 23475/2010 C/WWP 1032/2006 and WP 36275/2009 (BDA PIL) as liberty was reserved to the Government to frame appropriate rules in accordance with law as it was said in the order that Government has no power to allot G Category sites and Government took power to allot G category sites retrospectively by way ofamendment toBangalore Development Authority (Allotment of site)(Amendment) rules 2015 amends BDA (Allotment of sites) Rules 1984 by "substitution” of new rule 5 in place of old rule 5.In view of this amendment UDD Department is duty bound to inform the HKHC in WP 23475/2010 C/W WP 1032/2006 and WP 36275/2009 (BDA PIL) that earlier Government had no power to allot G Category sites and Government took power to allot G category sites retrospectively by way of amendment to Bangalore Development Authority (Allotment of site)(Amendment) rules 2015 which in turn amends BDA (Allotment of sites) Rules 1984 by "substitution” of new rule 5 in place of old rule 5.

With this order of HKHC in WP 23475/2010 C/W WP 1032/2006 and WP 36275/2009 (BDA PIL) becomes infractous as Government has complied the order in letter and spirit and consequently can seek HKHC for winding up of the Justice Farouque 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 and committee became redundant .Public are free to file individual cases against G category allottee if any individual allotment is found to be illegal in view of New amendment toBangalore Development Authority (Allotment of site)(Amendment) rules 2015 amends BDA (Allotment of sites) Rules 1984 by "substitution” of new rule 5 in place of old rule 5 making all allotments and Government orders allotting G category ordersbecame legal .All MLAs MPs Ministers and social workers who have been allotted G Category sites by Government or have Government allotment letters but sites were not allotted by BDA stands to get the benefit by the Gazette notification No UDD 475 MNJ 2014 ,Banagaluru Dated 20-05-2015 which is effective retrospectively since 1984 as rule 5 is "substituted” in Rule 5 of BDA (Allotment of sites) Rules 1984. In view of the Gazette notification No UDD 475 MNJ 2014 ,Banagaluru Dated 20-05-2015 which is effective retrospectively from 1984 as rule 5 is "substituted” inRule 5 of BDA (Allotment of sites) Rules 1984 (substitution makes the law effective retrospectively from the Rules 1984) ,Request for Allotment of G category site to Mr M.S.Rajshekhar Social worker and Congress leader as per Government order Number UDD 407 BLA 2005dated 27-01-2006 which is valid as per above cited amendment and substitution of rules & 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. With amendment of Rule 5 of BDA (Allotment of sites) Rules 1984 the court orders became infractuous and government should file an affidavit stating that Government has regained power of allotment of G-Category sites through amendment retrospectively 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.