HC fines land owners for dragging BDA to courts

HC fines land owners for dragging BDA to courts

The High Court of Karnataka on Thursday dismissed a batch of petitions challenging acquisition of seven acres of land on Survey No 172/2A by the Bangalore Development Authority (BDA) to form BTM Layout.

It also directed the petitioners to pay Rs 25,000 each to the BDA in eight weeks from the receipt of the court's order.

Justice B V Nagarathna was hearing a batch of eight petitions challenging the acquisition of the land by the BDA.

The bench dismissed the petitions on the grounds of res judicata (a case in which there has been a final judgement by a competent court and thus is no longer subject to appeal) and for the abuse of the process of the court.

According to the petitioners, the BDA had acquired their land and had not paid a justified compensation.

The Bench observed that a city civil court had already passed an order in this regard after finding that the land acquisition process was completed and that the petitioners were not in the possession of their respective portions of land.

Thus, the petitioners have no rights to assail the allotment of sites of the land in question, it said.

The Bench also stated that the BDA had been dragged into these cases in several rounds before various courts, including the city civil court, high court and the Supreme Court of India.

It said that the petitioners have not proved that the compensation had not been paid.

The Bench also stated that as the acquisition in instant cases is initiated under provisions of the BDA Act, hence the petitioners are not entitled to relief under Section 24(2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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