Karnataka HC upholds BDA's right to reject auction bids without explanation
Bengaluru, Oct 15: The Karnataka High Court has upheld the Bangalore Development Authority's (BDA) power to accept or reject bids in site auctions without providing reasons.
A division bench consisting of Justice Anu Sivaraman and Justice G Basavaraja concluded that the BDA's decision was lawful, aligning with the public interest and benefiting the general public.
The case arose after the BDA challenged a single-judge bench decision that quashed its rejection of a bid by a person named Sachin Nagarajappa.
The single judge had directed the BDA to confirm Nagarajappa's bid of Rs 1,54,000 per square metre, prompting the authority to appeal.
The BDA argued that its actions were consistent with the BDA (Disposal of Corner Sites and Commercial Sites) Rules, 1984, which empower the authority to accept or reject bids without offering explanations.
The BDA emphasised that public property auctions aim to secure the highest possible price, and it retains the right to cancel bids if the offered price is deemed inadequate.
The division bench referred to Rule 7 and the General Terms and Conditions of the BDA's e-Auction Notification, noting that the rule allows the authority to reject bids without providing reasons.
The court emphasised that the judiciary cannot interfere with the policy decisions made by the legislature or regulatory bodies unless there is evidence of illegality or misconduct.
Since the respondent did not challenge the constitutionality of Rule 7, and no evidence of fraud, collusion, or favoritism was presented, the court observed and concluded that the BDA's decision was neither arbitrary nor irrational.
It further noted that the property had been sold for over Rs 10 crore in a subsequent auction, benefiting the BDA.
The division bench set aside the single-judge bench ruling and upheld the BDA's decision to reject the bid.
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Hemant Karkare dying at hands of Kasab ‘Karmic Justice’: Shefali Vaidya on Col. Purohit’s promotion
Shefali Vaidya’s ‘karmic justice’ remark on Hemant Karkare sparks controversy.
Columnist Shefali Vaidya said that the death of former ATS chief Hemant Karkare was “almost karmic justice,” while expressing support for the promotion of Shrikant Purohit.
In the post, she wrote, “Col Purohit to be made Brigadier! This is the least Indian Army could do to restore the honour of an officer who was wrongly accused, framed on false charges, tortured beyond imagination and lost many years of his life thanks to anti-national, evil Congress.”
She further stated, “the way Maharashtra ATS Hemant Karkare died at the hands of Kasab was almost karmic justice, for having tortured Col Purohit, Sadhvi Pragya and others in the fake Hindu terror case. Ditto for disgraced cop Parambir Singh!”
Her post came after reports that Colonel Purohit, who was acquitted in the 2008 Malegaon blast case last year, has been approved for promotion to Brigadier.
Defence sources cited by Indian Express had indicated that less than a month after his retirement was put on hold by the Armed Forces Tribunal (AFT), he has been approved for promotion to Brigadier.
According to the report, he will now continue in service for at least two more years, up to the age of 56, which is the retirement age for Brigadiers, compared to 54 for Colonels.
Purohit had reportedly approached the AFT, stating that the 17-year-long trial had affected his career progression and denied him the opportunity to be considered for promotions.
Though he was granted bail in 2017, he remained under a Discipline and Vigilance (DV) ban, which was lifted in July 2020. Due to this, his promotion to the rank of Colonel was reportedly withheld in 2021.
The controversy around remarks on Karkare is not new.
Earlier, YouTuber Dhruv Rathee had highlighted instances of social media users allegedly making derogatory comments about the slain officer.
Hemant Karkare, a 1982-batch IPS officer, served as the chief of the Mumbai ATS and led the investigation into the 2008 Malegaon blasts. He was killed in action on November 26, 2008, during the 2008 Mumbai attacks while responding to terrorist activity near Cama Hospital. He was posthumously awarded the Ashoka Chakra in 2009.
According to the Mumbai Police chargesheet, Karkare, along with Additional Commissioner of Police Ashok Kamte and Inspector Vijay Salaskar, was killed in an exchange of fire with Pakistani terrorists, including Ajmal Amir Kasab and Abu Ismail Khan.
The officers were ambushed near Rang Bhavan Lane while moving towards Cama Hospital.
According to a report by India Today, BJP leader Pragya Singh Thakur had earlier claimed that Karkare died as a result of a “curse,” while Maharashtra Leader of Opposition Vijay Wadettiwar had alleged that an “RSS-linked cop” was responsible for Karkare’s death, citing claims from a book by S.M. Mushrif.
