Karnataka High Court upholds BDA acquisition of lands for two layouts

Bengaluru: In a relief to the Bangalore Development Authority (BDA), the Karnataka High Court has upheld the acquisition of lands for two of its residential projects—further extension of ‘ M Visvesvaraya layout ’ and further extension of ‘Banashankari 6th stage layout’.

A division bench comprising Justices K Somashekar and Venkatesh Naik T noted that the acquisition process was lawful, fair, and the process has adhered meticulously to the statutorily prescribed steps.

For the purpose of further extension of Sir M Visvesvaraya Layout project, the BDA had issued the preliminary notification in April 2003, proposing to acquire 773 acres and 18 guntas of land, including approximately 159 acres and 11 guntas of government land.

In September 2003, the final notification was issued in respect to 510 acres of land in Herohalli, Gidadakonenahalli, and Mallathahalli villages of Yeshwanthpur Hobli, Bengaluru North taluk.

Certain landowners challenged the said notification in June 2006, a single bench had dismissed their petitions. Moving write appeals, they argued that the BDA authorities failed to consider their requests for deletion of lands despite showing sufficient cause/circumstances such as some of the lands being granted lands, basically belonging to the state government.

On the other hand, the BDA contended that the objections filed by the landowners were considered, but were found to be without merit. The acquisition was also essential for the planned urban development of Bengaluru city, BDA further stated.

T

he division bench noted that the BDA has adhered meticulously to the statutorily prescribed steps, from the resolution under Section 17 of the BDA Act through the preliminary notification and culminating in the final declaration under Section 19.

Banashankari 6th stage layout: The preliminary and final notifications for the acquisition of lands in various villages of Uttarahalli and Kengeri Hobli, Bengaluru South taluk were issued in 2002 and 2003. Of the 750 acres acquired under the final notification, a total 5,991 residential sites were formed, out of which 4983 sites were allotted to various applicants. In June 2006, a single bench had dismissed the petitions filed by certain land/site owners or persons running nursery/garden challenging notifications.

One of the primary grounds for objection was that while the BDA ultimately issued final notification in respect of 750 acres, out of the 1,532 acres and 17 guntas land in the preliminary notification, it did not consider their request for deletion of lands.

The act of the BDA thus is arbitrary, discriminatory, and violative of the fundamental rights under Articles 14, 19, and 21 of the Constitution of India, it was contended. “The deletion of lands was based on rational considerations, and the public interest in urban expansion outweighs the individual interests of the appellants. Given that the acquisition has already resulted in significant urban development, any interference at this stage would cause irreparable harm to public planning and infrastructure development. Accordingly, we are of the view that the BDA’s acquisition is legally sound, and the appellants' claims are required to be dismissed in the interest of justice, equity, and public welfare,” the division bench said.