BDA intentionally misread fiat on Arkavathi land deletion: Plaint

Close to 95 per cent of the 983 acres of land in Arkavathi Layout has been deleted under clauses ‘b’ (totally built-up) and ‘f’ (similar to adjoining lands) of High Court guidelines to facilitate their exemption from acquisition, according to a complaint filed before the Justice Kempanna Commission of Inquiry.

Accusing the Bangalore Development Authority (BDA) of “intentional misreading” of the High Court and Supreme Court directive on identifying lands for deletion as per the guidelines, a third complaint has been filed against Chief Minister Siddaramaiah and BDA Commissioner Sham Bhatt before the Commission probing denotification of Arkavathi land.

According to the complaint filed by K Dilip Kumar, an advocate, the BDA board resolution categorises 95 per cent of the land in the layout under clauses ‘b’ and ‘f’. Of this, the highest deletion of about 60 to 70 per cent has happened under clause ‘f,’ the complaint stated.

Clause ‘b’ pertains to deletion of lands where buildings have already come up and clause ‘f’ relates to deletion of lands similar to adjoining ones, but not notified for acquisition.
“This being the position, however, the government and the BDA have intentionally distorted the directions of the Division Bench and the mandated clarificatory and super-added directions of the SC with respect to the 6th guideline at ‘f’ of the HC,” states the complaint.

Kumar has said that as per the SC orders in the Bondu Ramaswamy case, there needed to be identification of any common factor between the adjacent lands that is deleted (reason for its deletion). The identification of the common factor was supposed to have been done by the BDA and its officer, but they did not.

Sites of HBCSs
The complaint claims that 12 acres and 10 guntas were deleted in favour of Khadi Gramodyog House Building Co-operative Society.

Kumar recounts that as per the HC decision in a writ appeal (no. 2624-2625/2005) in 2012, those who owned revenue sites and house building co-op sites, prior to preliminary notification, were supposed to be given alternative sites and the lands on which such sites were formed, had to be acquired for the formation of Arkavathi Layout
“However, the BDA by resolution 111/12 for “extraneous reasons” and acting illegally, decided to give up these lands. The matter later came up before the Denotification Committee, which in its proceedings decided to cancel the resolution as it would cause economic loss to the BDA and recommended the same to the government.  However, the government has astonishingly deleted the land”.

Kumar has said that the overall loss to the State due to the deletions of land from the layout is close to Rs 10,000 crore.

 This is a mass deletion of massive proportion... in order to accomplish this the officers of the BDA, the commissioner, the authorities of the government have all colluded... The chief minister is also equally culpable due to he being the final signatory in the entire process,” states the complaint.