BDA, ex-BDA Commissioner convicted in contempt of court case

Bangalore, Sep 28 (UNI) The Karnataka High Court today convicted and sentenced former Bangalore Development Authority (BDA) Commissioner Jayakar Jerome and the BDA to pay a fine of Rs 10,000 each for contempt of court in demolishing a building of the private sector ING Vysya bank at Jayanagar here.

Allowing a complaint filed by the bank, a Division Bench, comprising Mr Justices N S Veerabhadraiah and N Anand, held that the action of the BDA was in disobedience of a court order, but opined that imprisonment was not required and a sentence of fine would meet the ends of justice.

The petitioner filed the complaint under Sec 12 of the Contempt of Court Act, alleging that Mr Jerome arrived at the spot on July 27, 2002, along with large number of staff and police and demolished the building in spite of the complainant challenging the action on the ground that the court's interim stay order was still subsisting.

It submitted that the BDA had issued a notice, asking that the property be handed over to the BDA as it belonged to it. But the Bank had purchased the same under a registered sale deed executed by one Surali Narasimha Murthy for a sum of Rs 120 lakh and thereafter the building was constructed. The bank had filed a writ petition as well as a civil suit. The writ petition was dismissed as the same was before the civil court also. However, the court said the interim order would be in force for a period of 15 days to enable the bank to seek urgent relief from the Civil Court. This order ended on July 27, 2002. While BDA contended that the interim order ended on July 27 midnight, the bank held that it would be in force till the morning of July 28.

UNI XR GD GM2055