Karnataka High Court Dismisses BJP Leader’s PIL on Transferable Development Rights as Politically Motivated

The Karnataka High Court today dismissed a Public Interest Litigation (PIL) filed by BJP leader and former BBMP councilor NR Ramesh, which accused the government of corrupt practices in the allocation of Transferable Development Rights (TDRs) in Bengaluru. The court labeled the plea as “a decade late and politically driven.”

The Division Bench, led by Chief Justice NV Anjaria and Justice KV Aravind, found the petition lacked substance and was inappropriately delayed, questioning why it took over ten years to challenge the 2013 government order that authorized the TDR grants. The Bench highlighted the absence of a plausible explanation for this delay and deemed the petition devoid of merit.

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During the hearing, allegations arose suggesting possible collusion between the Bruhat Bengaluru Mahanagara Palike (BBMP) and the petitioner, as the BBMP’s counsel’s arguments seemed misaligned with the State government’s defense. The BBMP initially contested the 2013 order granting TDRs for land to establish a garbage plant in Kodiyala Karenahalli, yet its counsel later acknowledged no opposition to the order itself.

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The petitioner’s counsel argued that the TDRs, which allow landowners to receive certain building rights in exchange for land used by the government, were granted at below-market rates without following due procedures, potentially causing significant losses to the state’s finances. The former Advocate General had reportedly advised against such grants.

The State’s Additional Advocate General called for the dismissal of the PIL, citing its politically motivated nature, especially given Ramesh’s inaction during his tenure as a councilor. This stance was supported by the Court’s skepticism over the BBMP’s contradictory positions and the timing of the petition.

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Ultimately, Chief Justice Anjaria criticized the BBMP for its inconsistent defense and questioned the motives behind the petition. “Why are you arguing? Your stand is contrary to the government’s stance and the 2013 circular, isn’t it?” he inquired during the proceedings.

Concluding the session, the Court dismissed the PIL and imposed a penalty of Rs 10,000 on Ramesh, payable to the Karnataka Legal Services Authority. This fine underscores the judiciary’s stance against exploiting public interest litigation for personal or political gain, particularly when such actions are delayed and lack credible justification.

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