HC stays order quashing Arkavathy acquisition

HC stays order quashing Arkavathy acquisition
The Times of India

Bangalore: A division Bench of the Karnataka High Court on Tuesday stayed for a week the single-Bench order which had quashed a preliminary notification by the Bangalore Development Authority (BDA) for acquiring land for Arkavathy Layout. The court also directed the BDA and land owners to maintain status quo until further orders.

Justices H.L. Dattu and A.C. Kabbin granted the stay after hearing an appeal filed by the BDA’s commissioner and Special Land Acquisition Officer.

On April 15, the single Bench had quashed the preliminary notification of February 3, 2003 observing that the BDA had no jurisdiction over such a scheme (Arkavathy Layout). The impugned order had also stated that metropolitan planning committees envisaged under the KMC Act has an overriding effect over BDA Act.

The appellants, however, contended that the findings of the single judge are not based on provisions of the BDA Act, 1976.

The appellants submitted that as the scheme related to areas in Bangalore Metropolitan Area, the judgement is likely to affect other similar projects. In view of the order, it was not able to proceed with any development activity. “It has seriously affected the working of the authority,’’ the appeal stated. The matter has been posted to Thursday for further hearing.