karnataka high court
Bangalore Development Authority
HC orders Bengaluru development body to acquire or return 63,000 sq ft land
A division bench headed by chief justice Abhay Shreeniwas Oka passed this order after dismissing a writ appeal filed by BDA.TNN | November 06, 2019, 16:00 IST
BENGALURU: The high court has pulled up Bangalore Development Authority for utilising a senior citizen's 63,000 sq ft private land for 17 years without acquiring it or paying compensation. It has been directed to acquire it under the new Land Acquisition Act, 2013 — that entails payment of compensation at market rates — or return it to him.
A division bench headed by chief justice Abhay Shreeniwas Oka passed this order after dismissing a writ appeal filed by BDA. The bench noted BDA's action is not only arbitrary but also violates Article 300-A of the Constitution.
The bench directed the agency to pay rent/compensation from February 2, 2002 till the date when the notification for acquiring PG Belliappa's land under the new Land Acquisition Act is issued. In addition, it has to pay Rs 1 lakh as legal cost to the landowner.
Belliappa's land in Jettagararahalli village, Hemmigepura, Kengeri Hobli, was utilised by BDA for forming Banashankari 6th Stage Layout in 2002, and despite romises, it failed to acquire the property or hand over 31,613 sq ft of developed land in return.
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Belliappa, a resident of Cunningham Road, approached the court claiming BDA illegally appropriated 63,612 sq ft belonging to him, without even undertaking the acquisition process. He contended that a senior citizen like him was made to suffer for 16 years without any compensation.
BDA admitted to using 63,000 sq ft of his land for formation of roads, parks and sites without acquiring it. It undertook that it would give 50% of the developed land — 7,296 sq ft — to Belliappa, as per the government order dated October 9, 2018, subject to land availability. On March 1, 2018, a single bench told BDA to give 31,613 sq ft of developed land and Rs 1 lakh to Belliappa as compensation for each year.
Tags : Regulatory, OKA, karnataka high court, Bengaluru, bda, Bangalore Development Authority