Apex court stays Akrama-Sakrama

January 14, 2017

New Delhi, Jan 14: The Supreme Court on Friday stayed a move to regularise illegal constructions in Karnataka through a scheme popularly known as Akrama-Sakrama.

Apex
A bench of Chief Justice J S Khehar and Justice D Y Chandrachud questioned the Congress government's decision: “We don't know what they are doing. Where are they taking the nation?”

Hearing a plea by Namma Bangalore Foundation and others, the bench initially said, “What can we do as the legislature knows best how to deal with the situation? People are living there in those buildings. Maybe they are thinking nationally... as so many illegal colonies are being regularised in Delhi.”

However, the court put on hold the Karnataka High Court order of December 13, 2016. The high court had then lifted its own stay on the scheme to regularise unauthorised constructions and commercial buildings built in residential layouts. The stay had remained in force from 2007 till December 2016. The Supreme Court's order will stall revenue generation of thousands of crores at the municipalities.

Lakhs of owners of unauthorised residential and commercial properties were expected to benefit from the scheme.

Senior advocate Abhishek Manu Singhvi, appearing for the NGO, challenged the high court's order.

He submitted that the state government had decided to extend the cut-off date for such structures from September 15, 2007, to December 30, 2013.

He said, “The consequences of the decision is to make a clear distinction between the abiding class and the violating class”.

“How can the high court say that it is in public interest? How can change of land use be allowed by amending the Town and Planning Act?” he said.

The Karnataka government, represented by Basava Prabhu Patil, and the BBMP, represented by Sanjay Nuli, defended the high court's decision.

They maintained the policy fell under the domain of the state legislature and was introduced in the larger public interest. Besides, it was intended to earn revenue for the municipalities, they contended.

The apex court, however, said, “the interim order of the high court would remain stayed.” The state government's counsel requested the court to expedite the hearing, but the bench refused.

It's a complete halt'

Given the Supreme Court order on Friday, no applications under Akrama-Sakrama can now be processed, the petitioners said. The order implies a complete stay until the matter is heard again by the Supreme Court, they reasoned.

A really long see-saw

Bylaw violations and illegal constructions are rampant in Bengaluru and other cities. Since 2004, the government has been talking about regularising them.

The High Court stayedregularisation plans in 2007, but vacated the stay in December 2016.

The Supreme Court order cries halt to plans of huge revenue generation.

Lakhs of owners had expected to benefit from the scheme.

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April 25,2024

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Bengaluru: The Congress and BJP will lock horns on the electoral battleground again, in less than a year, in Karnataka as the stage is set for voting in the first phase in 14 Lok Sabha seats on Friday.

It's going to be a straight fight between the ruling Congress and the BJP-JD(S) combine unlike the Assembly elections in May last year which witnessed a triangular contest among the three parties.

The state has a total of 28 Lok Sabha constituencies. The second phase of polling in the remaining 14 seats is on May seven.

A total of 247 candidates -- 226 men and 21 women -- are in the fray for the first phase in most of the southern and coastal districts.

More than 2.88 crore voters are eligible to exercise their franchise in 30,602 polling stations where polling will take place between 7 am to 6 pm.

While the Congress is contesting in all 14 seats, BJP has fielded nominees in 11 and its alliance partner JD(S), which joined the National Democratic Alliance (NDA) in three -- Hassan, Mandya and Kolar.

Besides the three, the segments where elections will be held on Friday are: Udupi-Chikmagalur, Dakshina Kannada, Chitradurga, Tumkur, Mysore, Chamarajanagar, Bangalore Rural, Bangalore North, Bangalore Central, Bangalore South and Chikkballapur.

In the 2019 Lok Sabha polls, Congress and JD(S), which were in alliance and ruling the state then, had secured just one seat each in these 14 segments. The BJP had won in 11 and ensured the victory of a party supported independent candidate in Mandya.

Having scored a thumping victory in the Assembly elections, the Congress now appears determined to put up a strong show.

Karnataka is the most important state for the BJP in south India as it's only here that it had held power in the past. 'Its alliance partner JD(S) is fighting to remain politically relevant, after the Assembly poll drubbing,' a political analyst said.

The Old Mysore region is the Vokkaliga heartland and parts of it have been the traditional bastion of the JDS.  However, the current elections are a battle for survival for JDS.

According to Karnataka Chief Electoral Officer Manoj Kumar Meena, 1.4 lakh polling officials will be on duty for the first phase.

Besides them, 5,000 micro-observers, 50,000 civil police personnel, 65 companies of Central Parliamentary Force and State Armed Police force of other States will also be deployed for security.

All the 2,829 polling stations of Bangalore Rural parliamentary constituency will be webcast, Meena said.

'This is as per the request of our returning officers and observers; so we have given more than double the Central parliamentary force for Bangalore Rural constituency. Seven companies of Central paramilitary forces have been inducted at the constituency since April 22,' he told reporters on Wednesday.

In fact, out of the total 30,602 polling stations in the first phase, 19,701 will be webcast, and 1,370 covered via CCTVs, he said.

Chikkaballapur has a maximum number of 29 candidates, followed by 24 in Bangalore Central, and Dakshina Kannada has the least number - nine.

JD(S) leader H D Kumaraswamy from Mandya, his brother-in-law and noted cardiologist C N Manjunath from Bangalore Rural on a BJP ticket, erstwhile Mysuru royal family scion Yaduveer Krishnadatta Chamaraja Wadiyar from Mysore, also from the BJP, and Deputy Chief Minister D K Shivakumar's brother and MP D K Suresh of Congress from Bangalore Rural, are among the prominent candidates in the fray in the first phase.

Also in the fray are BJP MP Tejasvi Surya from Bangalore South against Minister Ramalinga Reddy's daughter Sowmya Reddy of Congress, Union Minister Shobha Karandlaje on BJP ticket from Bangalore North against former IIM Bangalore professor M V Rajeev Gowda of Congress.

The Congress' performance in the elections, especially in the first phase which covers almost all Vokkaliga-dominated districts, is being seen as a big test of sorts for its state unit chief Shivakumar, who has made no secret of his ambition to become chief minister, amid speculations of change in guard mid-way of the Assembly term.

Stakes are also high for Chief Minister Siddaramaiah, as victory in particular in his home turf—Mysore and Chamarajanagar—is seen as key for strengthening hands, analysts say.

For the JD(S) and its state chief Kumaraswamy, the task is cut out -- to prove that the regional party is still a force to reckon with, particularly in the Vokkaliga dominated Old Mysuru or South Karnataka region.

Both Shivakumar and Kumaraswamy are Vokkaligas, and are engaged in a fierce turf war to consolidate their clout over the dominant community.

It is also seen as a kind of a 'litmus test' for state BJP president B Y Vijayendra, who has the onerous task of helping the party retain its supremacy in the Lok Sabha elections.

Ensuring a BJP sweep is paramount for the son of veteran leader B S Yediyurappa, to consolidate his position and silence critics who have questioned his selection for the post, overlooking seniors and seasoned hands.

The ruling Congress is mostly banking on the implementation of its populist five guarantee schemes. The BJP and JD(S) seem to be leveraging the 'Modi factor' to the hilt.

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April 23,2024

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The Karnataka government's decision to categorise the entire Muslim community as a backward caste for reservation purposes in the state has drawn criticism from the National Commission for Backward Classes (NCBC), which said such blanket categorisation undermines the principles of social justice.

According to the data submitted by the Karnataka Backward Classes Welfare Department, all castes and communities within the Muslim religion have been enlisted as socially and educationally backward classes under Category IIB in the State List of Backward Classes.

The NCBC, during a field visit last year, examined the state's reservation policy for OBCs in educational institutions and government jobs.

"All castes/communities of Muslim religion of Karnataka are being treated as socially and educationally backward classes of citizens and listed as Muslim Caste separately under Category IIB in the State List of Backward Classes for providing them reservation in admission into educational institutions and in appointments to posts and vacancies in the services of the State for the purpose of Articles 15(4) and 16(4) of the Constitution of India," the NCBC said in a statement on Monday night.

This categorisation has led to the provision of reservation benefits for 17 socially and educationally backward castes under Category I and 19 castes under Category II-A, respectively.

The NCBC said the blanket categorisation of Muslims as a backward caste undermines the principles of social justice, particularly for the marginalised Muslim castes and communities identified as socially and educationally backward.

However, the NCBC emphasised that while there are indeed underprivileged and historically marginalised sections within the Muslim community, treating the entire religion as backward overlooks the diversity and complexities within Muslim society.

"The religion-based reservation affects and works against ethics of social justice for categorically downtrodden Muslim castes/communities and identified socially and educationally backward Muslim castes/communities under Category-I (17 Muslim castes) and Category II-A (19 Muslim castes) of State List of Backward Classes. Hence, socially and educationally backward castes/communities cannot be treated at par with an entire religion," the NCBC stated.

The NCBC also voiced concern over the impact of such reservations on the overall framework of social justice, particularly in the context of local body polls.

While Karnataka provides 32 per cent reservation to backward classes in local body elections, including Muslims, the Commission stressed the need for a nuanced approach that accounts for the diversity within these communities.

According to the 2011 Census, Muslims constitute 12.92 per cent of the population in Karnataka.

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April 29,2024

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Mysuru, Apr 29: Veteran politician and incumbent Chamarajanagar MP V Srinivas Prasad breathed his last at 76.The stalwart BJP leader, who had been battling health issues, succumbed to a severe heart attack, leaving behind a void in Karnataka's political arena.

A Dalit leader in the Old Mysuru region, Prasad was in Congress but joined the Bharatiya Janata Party before the 2018 Karnataka Assembly elections following a fallout with Chief Minister Siddaramaiah. The two had recently met in Mysuru and discussed the political scenario in the state.

Prasad extended support to the Congress in the Lok Sabha election 2024 and this is being seen as a crucial factor in the SC-reserved Chamarajanagar constituency, which Prasad represented in Parliament. On April 2, Prasad’s relatives and supporters joined Congress.

He served as a Union minister from 1999 to 2004 as the Loka Jana Shakthi MP. In the Karnataka Assembly elections, he was elected twice as an MLA and served as the state’s revenue minister.

Prasad, known for his distinguished political career spanning over five decades, was admitted to Manipal Hospital in Bengaluru due to urinary tract-related complications and age-related ailments.

However, his condition deteriorated rapidly, leading to his untimely demise in the wee hours of Monday.

Born on August 6, 1947, in Ashokapuram, Mysuru, Prasad's political journey was marked by significant milestones. He represented Chamarajanagar constituency as MP for an unprecedented seven terms and had derved as MLA from Nanjangud constituency twice.

He had held key ministerial portfolios including Minister for Food and Civil Supplies in the Atal Bihari Vajpayee government and Minister for Revenue and Muzrai in the Siddaramaiah-led Karnataka government.

He had joined the BJP officially in December 2016 and was elected as MP from Chamarajanagar again in 2019, showcasing his enduring popularity among constituents.

Prasad's demise has plunged the political fraternity and his supporters into mourning. His family members, political associates, and well-wishers are gathering to pay their final respects as his mortal remains are being transported from Manipal Hospital to his residence in Jayalakshmipuram, Mysuru.

The Exhibition Grounds in Mysuru will witness a stream of mourners as Prasad's mortal remains will be kept for public viewing, allowing people from all walks of life to bid farewell to their beloved leader.

Prasad's name had come up in the 'Tehelka tapes' controversy, after the sting operation by magazine Tehelka to expose defence deals under the Atal Bihari Vajpayee-led NDA government. The tapes showed Samata Party leader Jaya Jaitley allegedly telling an arms dealer to deposit money with Prasad, who was then in Bengaluru. However, Prasad denied these claims, saying he was in Mysuru at the time, and also sued Tehelka for defamation.

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