Decide in a week, HC tells govt

Decide in a week, HC tells govt
DH News Service, Bangalore:
The Karnataka High Court on Tuesday asked the State government to take a decision on the Sakrama scheme in larger public interest, while deferring the hearing of three public interest litigations against the scheme till December 10.

A division bench comprising Chief Justice Cyriac Joseph and Justice Ashok B Hinchigeri told the government through Advocate General (AG) B V Acharya: “Look into the matter and take a reasonable decision, keeping in view both the need for upholding the rule of law, and practical considerations.”

The bench said this during the hearing of the three PILs, filed by the Citizens’ Forum for Mangalore Development, Bangalore-based Abhyudaya and Federation of JP Nagar 7th & 8th Phase Residents’ Associations.

The Mangalore Forum and Abhyudaya have sought quashing of the very Act and rules providing for regularisation of illegal developments, while contending that they were against societal interest and mainly intended to help big developers and builders.

The Federation has impugned Sakrama, while seeking that it be made people-friendly through regularisation fee reduction, instalment payment and extension of the deadline.

The Chief Justice said: “The government has to see to it that there is no confusion. If the scheme is brought for some particular purpose or objective, then the government has to see to it that the said objective is achieved or can be achieved under given circumstances and under the provisions”, while also noting the petitioners’ apprehensions regarding the propriety of such regularisation.

Observing that some of the petitioners have said that Sakrama is against public interest, while some have sought for a more humane scheme, the Chief Justice quipped: “The question is whether the Court can decide as to how many kgs of compassion you (government) can show.”

However, the bench gave one week’s time for the government to decide.

The last date to file applications under Sakrama is December 14. “We don’t want to go only on technicalities... Why complicate the matter?” the bench told the petitioners.

The Chief Justice told the AG: “You are in an advantageous position. You need not depend on votes, but can take a decision solely on merits in the larger interest of the State and City.”

The Advocate General said that the Governor had received representations both for and against Sakrama. However, it is difficult to take any decision in the absence of an elected Assembly, since substantial clauses of the rules were brought into effect through an Amendment Act passed by State Legislature, he said, adding that “no ordinance could be issued” as well.

‘Ask for stay’
“The Governor can take a decision... the Court will come to your aid, if it is in public interest,” the Chief Justice said and quipped: “If even after deliberations, nothing can be done, then the government can itself ask for a stay.”

On the government’s future course of action, AG Acharya said: “It depends on what we intend doing. Since the last date for applying for Sakrama itself is mentioned in the Act, the government cannot extend the deadline without going to Parliament, since all legislative powers of the State are vested with it.

“All that the government can now do is consider various representations received and see if any relief can be given. Otherwise, the aggrieved will have to fight it out in court.”