JOIN USJustice D V Shailendra Kumar conducted special proceedings on Friday, a holiday, considering seriousness of the case.
The judge observed that the BDA’s notification on January 19, 1978 and the final one on December 28, 1982 were no more valid as the BDA did not construct the second phase three decades after the notifications. He quashed the notices issued by BDA on January 19 clearing the places as per the notifications. He also quashed the BDA’s order of sanctioning 37 acres land in the same area to the relative of a BJP MLA.
The BDA had acquired 379 acres of land out of 1,331 and had issued notifications, but had taken no steps to construct the second phase.
The land owners moved the court arguing the BDA’s act of issuing notices was illegal as notices were served three decades after the land was acquired.
Citing Article 27 of the BDA Act, M S Bhagwat, the advocate for the applicants, said the construction of any phase should be completed within five years after the land acquisition.
The failure to do so will render the notifications invalid, he argued.
Justice Shylendra Kumar rejected the BDA’s contention that some of the petitioners bought the lands after 1977 and hence they had no moral right to challenge the BDA notices. “It was improper to act like terrorists after failing to complete the project within stipulated time,” he said.
He observed the BDA should pay a compensation of Rs two lakh to the owners of buildings completely demolished and Rs one lakh to the owners of the buildings partially demolished.