Govt. cancels allotment of 48 MUDA sites in Dattagalli

‘Allotting sites in a developed layout solely because individuals were in possession of land is against law’

Mysuru, Dec. 3 (RK&BCT)- In a significant development in the Mysuru Urban Development Authority (MUDA) land allotment scam, the State Government has cancelled the allotment of sites to 48 individuals in Dattagalli Layout close to the Ramakrishnanagar Circle in Mysuru.

On March 21, 2023, MUDA in a controversial move allotted sites under agenda item No. 13(4) to 48 individuals in Dattagalli Layout. This decision was approved during a MUDA Board meeting attended by elected representatives, officials and the Chairman. In an order dated Nov. 30, 2024, K. Latha, Under Secretary of the UD Department, revoked the allotment under Section 67(3) of Karnataka Urban Development Authorities Act, 1987, nullifying the decision. As per latest Government order, the Khata and other revenue records for layouts developed in Survey Numbers 15, 27, 32, 38, 39, 40, and 41 — along with the 48 sites allotted and approved on Sept. 27, 2023, through the official notification (memorandum) issued by then MUDA Commissioner G.T. Dinesh Kumar on April 29, 2023, and registered on Dec. 8, 2023 — has been cancelled.

Details of the allotment

On March 21, 2023, during the MUDA Board meeting presided over by the then MUDA Chairman Yashaswi S. Somashekar, discussions were held under Agenda Item No. 13(4) regarding the allotment of 48 sites in the Dattagalli Layout.

The meeting observed that “the matter had been in litigation for several years, with the most recent development being the Court’s favourable order (in favour of MUDA) in Writ Appeal No. 437/2014 (Land Allotment-Urban Development Authority) dated Feb. 27, 2023.’ Accordingly, as per Government Order No. Urban Development Department (UDD) 113 Land Use Division 97, Bengaluru, dated July 11, 1997, the MUDA Board directed the Commissioner to take necessary action accordingly.”

Citing this order, the MUDA Board noted that the Court verdict supported MUDA’s position and the meeting resolved to bring the matter to the Government’s attention.

Approvals of site allotments

Later, MUDA Commissioner Dinesh Kumar issued a memorandum on April 29, 2023, approving allotment of sites to 48 individuals. Allotment was sanctioned on Sept. 27, 2023, and subsequently, all 48 sites were registered on Dec. 8, 2023, at Additional Sub-Registrar’s Office located within MUDA premises.

In the order annulling the decision taken during the MUDA meeting chaired by Yashasvi Somashekar, the Government clarified that implementing the July 11, 1997, Government order to allot sites to the applicants is against the law. The Government order cited the dismissal of the writ appeal filed by the Chamundeshwarinagar Sarvodaya Sangha on Feb. 27, 2023.

What the order said?

The order issued by Latha, Under Secretary, Urban Development Department, stated that under Karnataka Urban Development Authorities Act, 1987, sites can only be allotted to land-owners as compensation after acquiring land with proper Government approval for a development plan. Sites can be allotted under incentive schemes exclusively to land-owners who voluntarily relinquish their land.

The order explicitly stated that allotting sites in a developed layout solely because individuals were in possession of the land is a violation of rules.

Explanation sought Commr.

Although the High Court ruled in favour of MUDA in the writ petition, MUDA’s decision to implement the resolution (allot sites to the applicants) during the meeting violated Government rules, circulars, and guidelines, rendering it legally invalid.

Consequently, the Government had earlier issued a notice to the MUDA Commissioner seeking an explanation on why the resolution under Agenda Item No. 13(4) of the General Meeting held on March 21, 2023, should not be annulled.

However, the explanation and clarification provided by the MUDA Commissioner regarding this matter have been deemed unacceptable by the Government. Furthermore, the High Court dismissed the writ appeal filed by the Chamundeshwarinagar Sarvodaya Sangha.

This critical aspect was neither included in Commissioner’s proposal dated Mar. 27, 2023, nor discussed during MUDA Board meeting on Mar. 21, 2023. These points were explicitly highlighted in the order issued by Under Secretary Latha.

Commissioner’s explanation

In his explanation, the MUDA Commissioner stated that no financial loss had been incurred by the Authority. However, as per the Karnataka Urban Development Authorities Act, it is mandatory to formulate development plans with prior Government approval, including obtaining administrative sanction for maps and estimated costs.

The failure to follow this process and the direct, unlawful allotment of sites is a clear violation of the Act and established rules. This indicates that the Commissioner has explicitly disregarded existing laws and regulations, the Undersecretary observed in her order.