BENGALURU, 15 OCT

Karnataka High Court has upheld Bangalore Development Authority's (BDA) power to accept or reject bids in site auctions without providing reasons.

A division bench consisting of Justice Anu Sivaraman and Justice G Basavaraja concluded that the BDA's decision was lawful, aligning with the public interest and benefiting the general public.

The case arose after BDA challenged a single-judge bench decision that quashed its rejection of a bid by a person named Sachin Nagarajappa. The single judge had directed BDA to confirm Nagarajappa's bid of Rs 1,54,000 per square metre, prompting the authority to appeal.

BDA argued that its actions were consistent with BDA (Disposal of Corner Sites and Commercial Sites) Rules, 1984, which empower the authority to accept or reject bids without offering explanations. BDA emphasised that public property auctions aim to secure the highest possible price, and it retains the right to cancel bids if the offered price is deemed inadequate.

The division bench referred to Rule 7 and the General Terms and Conditions of the BDA's e-Auction Notification, noting that the rule allows the authority to reject bids without providing reasons.

The court emphasised that the judiciary cannot interfere with the policy decisions made by the legislature or regulatory bodies unless there is evidence of illegality or misconduct.

Since the respondent did not challenge the constitutionality of Rule 7, and no evidence of fraud, collusion, or favoritism was presented, the court observed and concluded that the BDA's decision was neither arbitrary nor irrational. It further noted that the property had been sold for over Rs 10 crore in a subsequent auction, benefiting BDA. -PTI