Allot public properties only by way of auction, says Karnataka HC

BENGALURU: Terming special allotments of public properties as nothing but favouritism or political interference, the high court said the government should stop the practice and dispose them of only through public auction.
The court admonished the department of animal husbandry and fisheries for allotting 700sqm (around 8,000sqft) of public land at Malpe Beach in Udupi district to entrepreneur Santhosh V Saliana for setting up a cold storage unit, solely based upon recommendations of two MLAs (Lalaji R Mendon and K Raghupathi Bhat).
Ironically, the competent authority had already rejected the applications of both the petitioner, Chandra Suvarna, and the fourth respondent, Saliana, seeking allotment of the said land and held that allotment would be only by way of public auction, Justice M Nagaprasanna pointed out.
"A number of public properties can be leased out to entrepreneurs. But there should be uniformity in the grant of such lands. Such uniformity will come about only when there is transparency in the procedure and it can happen only when the properties are put to public auction and every citizen is permitted to participate," the judge observed, while allowing Suvarna's petition and quashing the allotment to Saliana, who is from Katapadi in Udyavara, Udupi.
The judge noted that political interference of any kind in public administration would only put it in peril, and the case at hand was a classic illustration of the same.
"The application that was rejected was immediately processed and land allotted to Saliana only because the same was recommended as a special case. From where the special case sprang is unknown. It can't have any backing in law. It, on the face of it, is arbitrary as it takes away the right of participation by others. Political interference is not stopped even during pendency of the petition. Counsel for the fourth respondent has placed on record a memo to demonstrate that it has become a norm for the state to act upon political interference in granting public properties, as special cases, to the favoured lot," Justice Nagaprasanna noted.
Observing that the bartering away of public property at the state's whim and fancy can't bear any sanction under any law, the judge said: "The rule of law is insurmountable."
"It needs no emphasis that the state is governed by 'rule of law' and not by 'rule of men'. A few men at the helm of affairs can't be seen to act in a manner that would thwart the rule of law and generate a concept 'you show me the person; I will tell you the law'. This court would not permit the state government to act in a partisan manner," the judge said.
Suvarna, a resident of Kodavuru, and Saliana were applicants for the land located at Fish Conservation Centre, Malpe Beach. After their applications were rejected, both approached political representatives. However, Saliana managed to get the land allotted to himself on lease for 10 years in 2021 after the MLAs' recommendations. In his defence, he had cited allotment of a 300sqm plot nearby on similar recommendation from political representatives.