High Court rejected the land acquisition in Bangalore

Bangalore :The Bangalore Development Authority’s (BDA) notification of “acquisition of land over 4000 acres” for the development of Nadaprabhu Kempe Gowda Layout was revoked by the Karnataka High Court. Because of this verdict many petitions are filed on questioning the acquisition by the hundreds of land lords.

The Justice of Karnataka High court Anand Byrareddy said that the notification was forbidden for the BDA to approve its Land acquisition Officer (LAO) to ensue with the acquisition in absence of the Karnataka Government’s endorsement for the final scheme.

“The adopted practice of land was not in the accordance with law as the BDA had endorsed the LAO to proclaim a competition scheme and the 4000 acres of land use premise in the absence of government approval” statement declared by the court.

However, the government had approved the proposal on April 2, 2008 which is preceding to the preface notification of BDA Act under section 17 on May 21, 2008 and finally the court declared this approval was premature.

By considering the objections and the ideas of stakeholders, the judgment pointed that the scheme has to be submitted to the government under section 18 by including the land losers. The court stated that” The scheme was permitted by the government much prior to the BDA taking up the exercise of hearing the say of the land lords”.

The court shocked at the approval of the scheme by state government. Court wondering that “how the Karnataka state government could announce compensation and percentage of land use “ resembling sharing of developed land with land losers and the BDA. According to the eye of law, BDA should compensate in this case.

The court questioned BDA that “How you come to the conclusion that all land losers were farmers”.  By referring the preliminary notification 40 percent of the land is provided as farmers’ compensation in lieu of acquired land.

Finally the court declared that the compensation scheme was not approaching in Section 16 of BDA Act where the particulars to be provided in a development scheme.