Karnataka High Court Mandates Centralized Digital System for Municipal Trust Properties
The Karnataka High Court has issued a landmark directive, ordering the state government to consider establishing a comprehensive Municipal Trust Property Management System (MTPMS). This system is envisioned to serve as the single source of truth for all public properties governed under the Karnataka Municipalities Act.
Integration and Technological Framework
Justice Suraj Govindaraj emphasized that the MTPMS should integrate existing digital services such as Bhoomi, Mojini, e-municipalities, and Sakala. This integration aims to streamline property management and enhance transparency across municipal councils.
The court further directed authorities to consider assigning a unique Trust Property Identification Number (TPIN) to each public property. This measure is designed to facilitate better tracking and management of assets that include lakebeds, open fields, and streets.
Legal and Administrative Oversight
In a significant clarification, the judge stated that municipal councils hold these properties in a fiduciary capacity as trustees, not as absolute owners. This distinction underscores the public trust doctrine and limits the councils' authority over such assets.
To ensure effective implementation, the court designated the Principal Secretary of the Department of Rural Development and Panchayat Raj as the administrative nodal authority. This role involves policy oversight, inter-departmental coordination, enforcement, and accountability fixation.
Additionally, the Principal Secretary of the Department of E-Governance was appointed as the technology nodal authority, responsible for the digital infrastructure of the MTPMS.
Restrictions and Reporting Mechanisms
The court imposed a strict ban on the sale, lease, or alienation of trust properties without prior government permission. This move aims to prevent unauthorized transactions and protect public assets from misuse.
A public digital portal must be maintained to display municipality-wise trust properties, with mechanisms for citizens to report encroachments or misuse, subject to safeguards against abuse. Municipal councils are required to submit quarterly compliance reports, district committees must provide bi-annual reports, and a state-level committee must present an annual state trust property status report to the government.
Accountability and Disciplinary Actions
Justice Govindaraj mandated that responsibility be fixed on officers found facilitating illegal alienation, encroachment, or misuse of trust properties. Disciplinary or legal actions must be initiated against such individuals in accordance with the law.
The court has ordered the submission of a compliance report by March 26 to monitor progress on these directives.
Background of the Case
These directions were issued while the court addressed a petition filed by Syed Matin Abbas, a resident of Periyapatna town in Mysuru district. The petition challenged the cancellation of a building license by the Periyapatna Town Municipal Council on November 27, 2013.
The property in question was originally auctioned in August 1977, with Abbas's father as the successful bidder for one acre and seven guntas of land at Rs 5,030. Approval from the local body came in June 1988, followed by zilla panchayat approval in 1991.
In June 2013, the property was gifted to Abbas, who began constructing a school in September 2013 after building plan approval. However, a Public Interest Litigation (PIL) was filed regarding the auction, leading to the tahsildar dismissing a complaint on November 26, 2013, only for the local body to revoke the building license the next day.
Abbas's appeal was rejected due to lack of prior state government approval for the auction, prompting him to approach the High Court. In its ruling, the court allowed Abbas's petition and quashed the cancellation of the building license, highlighting procedural lapses and reinforcing the need for systematic property management.
