Tuesday, 1 December 2015

Law Minister wins case in SC as a litigant

Union Law Minister D.V. Sadananda Gowda.
Union Law Minister D.V. Sadananda Gowda.
In a legal victory for Union Law Minister D.V. Sadananda Gowda, the Supreme Court on Friday gave him a clean chit in a building law violation case and declared that the Karnataka politician had never abused his power to “arm-twist” local authorities to turning a blind eye.
The Law Minister turned a litigant when he approached the Supreme Court against a Karnataka High Court order directing the Bangalore Development Authority (BDA) to take back adjacent plots allotted to him and BJP MLA D.N. Jeevaraj for illegally constructing a “multi-storey” building on them.
In a judgment, a Bench of Justices Madan B. Lokur and S.A. Bobde criticised the High Court for assuming the role of a statutory authority.
The judgment dismissed contentions raised against Mr. Gowda that he had exercised his influence as the Chief Minister of Karnataka to bully the Bruhat Bangalore Mahanagara Palike (BBMP) and construct the building contrary to the sanctioned plan.
“Insofar as the present case is concerned, in spite of the clout that Mr. Sadananda Gowda may have wielded in Karnataka, his actions relating to the construction of the building on his plot of land do not suggest any abuse,” the judgment said and cleared Mr. Gowda’s name.
The judgment further noted that the PIL petition was filed in the Karnataka High Court against Mr. Gowda on the very day he was appointed Chief Minister on August 4, 2011.
Mr. Gowda and Mr. Jeevaraj had moved the Supreme Court after the High Court in 2012 ruled against them on the writ petition filed by Nagalaxmi Bai for a declaration that the building being constructed on the allotted plots at HSR Layout in Bangalore were in violation of the lease-cum-sale agreement Mr. Gowda entered into with the BDA.
The agreement had barred the allottees from either sub-dividing the plots or constructing commercial buildings on them.

Sources: http://www.thehindu.com/news/national/law-minister-wins-case-as-a-litigant/article7924597.ece?css=print

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