2000 (8) TMI 1139 - HC - Indian Laws

Karnataka Ordinance 4 of 2000 Valid; Court Rules on BDA's Eviction Powers

The Court upheld the validity of Karnataka Ordinance 4 of 2000, dismissing challenges on grounds of unconstitutionality and other legal doctrines. As a ... - Issues Involved:1. Validity of Karnataka Ordinance No. 4 of 2000.2. Direction to the State Government to bring Karnataka Act 1 of 2000 into effect.3. Forcible dispossession by Bangalore Development Authority (BDA).Detailed Analysis:Point (I) - Validity of Ordinance 4 of 2000:16. The Bangalore Development Authority Act, 1976 was amended by the Bangalore Development (Amendment) Act, 1999 (Karnataka Act 1 of 2000), inserting Section 38-C(2), which provided for the allotment of land by sale to unauthorized occupants. However, the Amendment Act was not brought into force as the State Government did not issue any notification appointing the date for its commencement.17. Numerous writ petitions were filed seeking a direction to the State Government to bring the Amendment Act into force. The Court granted an interim stay preventing BDA from dispossessing the petitioners or demolishing structures on the disputed land.18. On 22-6-2000, the Governor of Karnataka promulgated the Bangalore Development Authority (Amendment) (Repealing) Ordinance, 2000, repealing the Amendment Act. Petitioners challenged the constitutional validity of the Ordinance on several grounds.19-30. The petitioners argued that the Ordinance was unconstitutional as it was promulgated without instructions from the President, which they claimed was required under Article 213(1) of the Constitution. However, the Court found that the Ordinance did not contain any provisions repugnant to a law made by the Parliament or an existing law, and therefore, instructions from the President were not necessary.31-35. The petitioners contended that only the Parliament could repeal a State law that had received the President's assent. The Court rejected this argument, stating that the power to legislate includes the power to repeal, and the State Legislature could repeal its laws.36-40. The petitioners argued that the Ordinance violated the doctrines of promissory estoppel and legitimate expectation. The Court dismissed these arguments, noting that these doctrines could not be used to challenge legislation.41-44. The petitioners claimed that the Ordinance was an emergency measure and should only be used to maintain the status quo. The Court held that an Ordinance is a valid law with the same force as an Act of the Legislature and is not invalid merely because it is temporary.45-47. The petitioners argued that the Ordinance interfered with the adjudicatory process regarding Section 38-C(2). The Court rejected this argument, stating that the Legislature or Executive could legislate on a subject even if it was under litigation.48-52. The petitioners alleged mala fides and non-application of mind in promulgating the Ordinance. The Court found these arguments untenable, stating that the necessity of promulgating an Ordinance is within the Governor's satisfaction and not subject to judicial scrutiny.53. The Court upheld the validity of Karnataka Ordinance 4 of 2000.Point (II) - Prayer relating to Section 38-C(2):54-57. As the Court upheld the validity of the Repealing Ordinance, Section 38-C(2) no longer existed in the BDA Act. Therefore, the petitioners were not entitled to any relief based on Section 38-C(2), and the Court would not issue a mandamus to the Government to bring the section into force.Point (III) - Forcible Dispossession:58-61. The Court considered whether BDA could forcibly dispossess unauthorized occupants. BDA contended it had the right to protect its possession and forcibly evict encroachers.62-66. The Court found that BDA did not have the authority to forcibly dispossess unauthorized occupants under the BDA Act, the Karnataka Municipal Corporations Act, the Regularisation Act, or the Planning Act. BDA could only dispossess unauthorized occupants by following due process of law.67-71. The Court reviewed the principles regarding the rights of true owners and trespassers, concluding that a true owner cannot forcibly dispossess an unauthorized occupant in settled possession.72-74. The Court noted that BDA, as a statutory authority owning large tracts of land, could not be expected to take immediate action against unauthorized constructions. However, BDA could demolish unauthorized structures and evict unauthorized occupants if they were not in settled possession.75-76. The Court distinguished between different types of cases and their rights and remedies, noting that petitioners claiming settled possession for more than 12 years could approach the Civil Court for appropriate relief.77-84. The Court found that petitioners claiming possession of vacant sites or sites with only foundations or compound walls were not entitled to relief. Petitioners claiming settled possession with structures could approach the Civil Court for relief.85-87. The Court suggested that BDA formulate a scheme for the sale of sites where possession was more than 12 years but disputed.88-89. The Court acknowledged the genuine grievance of petitioners misled into buying plots in acquired land and suggested a centralized system to record acquisition notifications.90. The Court dismissed the petitions, allowing petitioners to approach the Civil Court for relief and permitting BDA to take action for eviction or demolition as appropriate.