The Hindu : Karnataka News : BDA taken to task for wrongful land acquisition

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Monday, Nov 22, 2004

Karnataka

Karnataka

BDA taken to task for wrongful land acquisition

By Our Staff Reporter

BANGALORE, NOV. 21. The Karnataka High Court on Saturday took the Bangalore Development Authority (BDA) to task and passed remarks against some of its officers for initiating wrongful acquisition proceedings.

Justice Gopala Gowda observed that the BDA did not exercise its powers according to its Acts and resolutions. Moreover, it had initiated acquisition proceedings though the land was never in its possession. The officials had misused their powers and there was therefore a clear violation of law.

Mr. Justice Gowda made these observations on a petition by D. Narayanapa of HAL, II Stage, Bangalore, who had challenged the acquisition of one acre and 15 guntas of land in survey no. 137 at Thippasandra. The petitioner said the land belonged to his father, Doddaiah, who had constructed Lakshmi Narayanaswamy, Adi Shakti and Anjeneya temples along with sheds for devotees. The then City Improvement Trust Board (CITB) decided to acquire the land. It issued a preliminary notification on November 28, 1959 and a final one in 1964. However, the land was not acquired.

In 2003, the BDA decided to form layouts in survey no 137. The BDA acquired the land and demolished some sheds and auctioned sites. The petitioner said the BDA had erred in taking over the land, as it had not initiated any acquisition proceedings. Moreover, the earlier acquisition proceedings had lapsed. Besides, when the CITB notified the land, it was done so in the name of Narayanachar though Mr. Doddaiah owned the land. Mr. Justice Gowda allowed the petition and took the BDA to task for acting in an illegal and arbitrary manner. He said the BDA had demolished the sheds though it had not acquired the land. Besides, the auctioning of sites was not legal.

He said those who had purchased sites through auction could claim refund of their money. Taking to task some officers for not observing rules, Mr. Justice Gowda said they had misused their powers. The BDA had made conflicting statements and its action was contrary to the Acts, decisions and rules in the John B. James case in which the BDA was a party. The court quashed the acquisition and all further proceedings.

Quashed

A Division Bench comprising the Chief Justice, Nauvdip Kumar Sodhi, and Justice S.R. Nayak quashed the order of a single judge in a land acquisition case. The petitioners A.K. Shukla and 39 others had challenged the single judge's order of March 5, 2004 quashing the layout plan and no objection certificate issued by the BDA to Venkateshwara House Building Cooperative Society and directed the Government to initiate acquisition proceedings.

The petitioners, many of them working in the Aeronautical Development Agency (ADA) revived the society and entered into an agreement with Venkateshwara Developers to develop 13 acres and 27.5 guntas of land at Thanisandra. The BDA had approved the layout. However, the president of the society had allotted sites to some persons who were not its members.

The society had petitioned the High Court. The single judge had, however, said the Government could initiate acquisition proceedings. The society had appealed against the order. The Bench allowed the appeals, quashed the single judge's order and remitted the matter to the single judge for disposing of the case.

Costs

The Division Bench levied costs of Rs. 5,000 on the Commissioner of Belgaum for not filing a counter to a petition by K.B. Kotagoud and 11 others. The petitioners said they had constructed houses in Belgaum. An open space in the layout was earmarked for the benefit of members of the Meghadoot Cooperative Housing Society.

Though the residents were using the land, the Banashankari Shikshana Mathu Samaja Seva Samsthe had encroached upon the land, claiming that it was allotted to the samsthe by the Belgaum civic authority.

When the petitioners approached the civic authority, they did not get any convincing reply. The Bench found that the Belgaum civic authority did not file a counter though it had been penalised Rs. 500 on two occasions.

It levied costs of Rs. 5,000 on the commissioner and directed him to deposit on his own.

It also directed him to file a counter within the next of hearing.

Stayed

Justice Hulavadi G. Ramesh stayed for four weeks proceedings by a lower court against the former Minister, G. Parameshwar.

The lower court had initiated proceedings against Mr. Parameshwar and others in a cheque bounce case.

Chennabasava Aradhya had filed a case against Mr. Parameshwar and others when a cheque for Rs. 2.25 lakhs given to him bounced.

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