BDA still undecided on Arkavathy layout

BDA still undecided on Arkavathy layout
Deccan Herald

The court order has left the BDA helpless, even as residents have begun construction at the site and the fate of 20,000 successful applicants hangs in balance.

Even three days after the High Court quashed the controversial Arkavathy layout notification, neither the government nor the Bangalore Development Authority (BDA) has indicated its future plans to protect the interest of the ‘successful applicants’.

While BDA officials maintain that they are yet to go through the copy of the order and are awaiting the return of Chief Minister N Dharam Singh to the City, Law Minister H K Patil has said that he would consult the Law Department on the issue.

Mr Singh, who was expected to arrive on Sunday evening from Delhi, changed his itinerary and is now expected to be back in Bangalore on Monday evening. He is again scheduled to leave for Mangalore on Tuesday morning around 11 am.

According to sources, Mr Singh is likely to hold a meeting with the Urban Development department Principal Secretary, the BDA Commissioner and other top officials on the Arkavathy project on Tuesday morning — before taking off to Mangalore.

Meanwhile, local residents of the proposed layout area have begun construction of houses at the developed sites following the court order. In fact, after the court verdict, ownership of the entire 2,150 acres of land acquired for the layout has gone back to the original owners.

“We are aware of construction activities at the site. In some places, people have damaged the work done by the BDA. But we are helpless and cannot stop anybody unless the order is stayed,” BDA sources said.

In all probability, the BDA will appeal against the order to a larger Bench and a final decision in this regard is expected by Wednesday. “We have no other option but to appeal against the order and bring a stay on it,” officials said.

No sites

According to legal experts, the BDA cannot distribute sites to 20,000 ‘successful’ applicants under the Arkavathy project as the court has quashed the project notification itself.

“The court has held that the project is not legal. Hence, there is no question of distribution of sites,” experts added. BDA Commissioner M N Vidyashankar, however, said that he would react only after going through the order.

CAVEAT PETITIONS

Even before the Bangalore Development Authority (BDA) or the State government received copies of the Karnataka Court High Court’s judgement on the Arkavathy layout project, the land owners filed caveat petitions in the High Court on Monday.

Petitioners, Mr Mune Gowda and 90 others have filed a caveat petition anticipating an appeal by the government and the BDA, challenging the order of the single judge Bench, which, on April 15, had quashed the land acquisition proceedings for formation of the layout.

The filing of the caveat petitions would make it mandatory for the court to hear the arguments of the land owners before passing any order on the likely appeal to be filed by the government and the BDA.