Supreme Court clears legal hurdles for development of NAL Layout

The Supreme Court on Wednesday cleared all legal hurdles in the development of a layout in Bengaluru on over six acres and 20 guntas of land by setting aside a High Court of  Karnataka judgement of 2008.

A bench of Justices A K Sikri and Ashok Bhushan allowed a civil appeal filed by NAL Layout Residents’ Association, represented by senior advocate B H Maralapalle, against the high court's judgement of December 11, 2008.

The apex court noted that possession of the land in Tavarekere was taken from the owners in 1984 and it was vested with the state. The high court, however, had acted on the land owners’ plea and ignored that previously too, their plea for withdrawal of land from acquisition was turned down, it said.

The apex court bench said the state government's decision to withdraw the acquisition of the land on representation from the land owners was “uncalled for and not permissible” in view of the dismissal of their writ petitions before the high court where similar relief was denied. The state government, however, had cancelled the notification within a month.

“High court lost sight of the fact that notification dated 12.04.2001 (withdrawal of acquisition) was issued after 16 years of taking possession. In the meantime, BDA has proceeded with the development of the land. Roads were constructed and society's allotment was also passed in the year 1985 itself, layout sanctioned in the year 1988 itself,” the bench said.

The BDA had in April this year informed the apex court that the NAL Cooperative Society members were in possession of more than eight acres of the land. The court said the BDA can take action in this regard in accordance with law.