BDA yet to appeal HC order denotifying Rs 100-cr Yelahanka land

Bengaluru: More than 50 days after the Karnataka High Court passed an order denotifying approximately 26 acres of land in Yelahanka — part of the Dr K Shivaram Karanth Layout — the Bangalore Development Authority (BDA) is yet to file an appeal.

The delay in legal recourse could cost the authority dearly, with the land now valued at over Rs 100 crore. It may also set a precedent for further legal challenges from other landowners.

The land in question, where a stud farm named Broadacres is located, belongs to Marthand Singh Mahindra. In December 2008, the BDA issued a preliminary notification for acquiring this land, situated off Doddaballapur Road, along with several other properties in North Bengaluru for the formation of the Karanth Layout.

In a controversial move, the government later excluded 57 acres and 15 guntas from acquisition — including Mahindra’s property. However, in October 2018, the Supreme Court set aside the exclusion, directing the authorities to issue a final notification for all properties spread across 3,546 acres. The Apex Court also formed a committee headed by Justice AV Chandrashekar to consider cases of individuals seeking exclusion from acquisition.

During hearings, the three-member committee declined to regularise the stud farm in Yelahanka on the grounds that it could not operate in a residential zone. This decision was conveyed to the Supreme Court as well. The committee backed its stance by citing the change in land use from agricultural to residential, as well as the procurement of a panchayat-sanctioned plan for construction activities.

Following the Supreme Court’s decision to refer all Karanth Layout-related cases back to the High Court, the owner of Broadacres Stud Farm filed a petition seeking to quash the committee’s order and denotify the property. After hearing various parties, the High Court passed an order on April 7, quashing both the preliminary and final notifications for the petitioner’s land.

Setback for BDA

The order is seen as a major setback for the BDA, which has invested about Rs 5,400 crore in developing the layout, including the construction of roads, drains, and street lighting. The ruling is expected to cause financial losses to both the BDA and the project.

Speaking to DH, BDA Commissioner N Jayaram said the authority “is examining the proposal to appeal the order".

However, internal sources expressed concern over the prolonged delay. “The BDA should have approached the Supreme Court by engaging top lawyers. As commissioner, it is his duty to protect the BDA's interests. Why should the BDA give up 26 acres of land when it has already developed the area, formed sites, and prepared the layout for allotment?” one source asked.

It is learnt that the BDA initially planned to file an appeal, but has since slowed the process, citing the need to consult the board — a move questioned by many.

“The BDA does not need to approach the board. Filing an appeal is a routine process and falls within the commissioner’s prerogative,” another official said.