Tuesday, August 23, 2005

Arkavathy Layout: date for final hearing to be fixed on August 29

Arkavathy Layout: date for final hearing to be fixed on August 29
The Hindu

BANGALORE: The Karnataka High Court on Monday posted to August 29 the appeals by the State Government and the Bangalore Development Authority (BDA) to fix a date for final hearing against a single-judge order quashing the acquisition proceedings by the BDA for the formation of Arkavathy Layout.

A Division Bench comprising Chief Justice Nauvdip Kumar Sodhi and Justice N. Kumar posted the appeals to August 29 to fix a date for the final hearing.

Early hearing

Counsel for the BDA moved the matter and sought early hearing as notices to the respondents had been served.

When the counsel sought early hearing, the Bench posted it for August 29. The appeals by the State, the BDA and the former Chief Minister S.M. Krishna have been clubbed.

All the three had appealed against a single-judge order allowing the petitions by landowners of 16 villages coming under the layout.

The single judge had said the BDA did not have the power or the jurisdiction to form layouts or undertake development works outside the Bangalore Mahanagara Palike (BMP) limits.

Development schemes

Though the BDA Act empowered it to undertake development schemes in Bangalore metropolitan area, Section 503-A of the Karnataka Municipal Corporation (KMC) Act said it could only be taken up by a metropolitan authority.

The single judge had also passed remarks against Mr. Krishna, saying that the Chief Minister had sanctioned the formation of layout without Cabinet approval and that he had acted in haste. Mr. Krishna had challenged these remarks.

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