Karnataka high court directs government to create municipal trust property management system

Bengaluru: The high court directed the govt to consider establishing a municipal trust property management system (MTPMS) as the single source of truth for all public properties falling under Karnataka Municipalities Act, by integrating services like Bhoomi, Mojini, e-municipalities and Sakala.Justice Suraj Govindaraj directed that authorities should consider assigning a trust property identification number (TPIN) to each such property.
The judge said all municipal councils should recognise that the properties such as lakebed, open fields and streets "vest in the municipal council only in a fiduciary capacity as trustee and not as absolute owner".The court designated the principal secretary, department of rural development and panchayat raj, as the administrative nodal authority, responsible for policy oversight, inter-departmental coordination, enforcement, and fixation of accountability.The principal secretary, department of e-governance was designated as technology nodal authority.The judge barred sale, lease, or alienation of such properties without prior permission from the govt.The directions were issued while the court dealt with a petition filed by Syed Matin Abbas, a resident of Periyapatna town in Mysuru district.The court said a public digital portal should be maintained displaying municipality-wise trust properties, and mechanisms should be provided for citizen reporting encroachments or misuse, subject to appropriate safeguards against abuse.It also directed that municipal councils should submit quarterly compliance reports, district committees should submit bi-annual reports, and the state-level committee should place an annual state trust property status report before the govt.Responsibility should be fixed on officers found to have facilitated illegal alienation, encroachment, or misuse of trust properties, and disciplinary or other action shall be initiated against them in accordance with law, the judge added in his order while directing submission of a compliance report on March 26.In this case, the judge allowed the petition filed by Abbas and quashed the cancellation of a building licence by the Periyapatna town municipal council on Nov 27, 2013.In Aug 1977, the petitioner's father was the successful bidder for one acre and seven guntas of land, as his bid was accepted for Rs 5,030. However, only in June 1988, the auction was approved by the local body. In 1991, the zilla panchayat also approved the auction.In June 2013, Abbas' father gifted the property to his son. In Sept 2013, Abbas started construction of a school following approval of the building plan.Two individuals filed a PIL on the public auction in the high court. On Nov 26, 2013, the local tahsildar dismissed a complaint over the property. However, the next day, the local body revoked the building licence.Abbas' appeal was rejected on the ground that prior approval from the state govt was not obtained prior to the public auction. Thereafter, Abbas approached the high court.