Friday, October 21, 2005

BDA has no right to take up development works: petitioners

BDA has no right to take up development works: petitioners

The Hindu

Counsel says acquisition of land for Arkavathy Layout against Land Acquisition Act

BANGALORE: The Karnataka High Court on Thursday was told by some petitioners that the Bangalore Development Authority (BDA) has no authority for taking up development works and that this right is vested with the corporations.

Senior counsel Dushtyant Dave, appearing for some petitioners, told the court that even if the Legislature thought that Bangalore is a special city, it cannot come up with a special body for developmental activities under a special act.

The court was hearing appeals by the State Government, the BDA and former Chief Minister S.M. Krishna against a single judge order of April 2005 quashing the notifications acquiring the lands for the Arkavathy layout project.

Mr. Dave said the BDA Act was void and that it was framed 18 years ago.

Since then, several constitutional amendments had been carried out and they are applicable. Moreover, the BDA has no right to formulate a plan and foist it on the citizens.

He said the acquisition was not in accordance with the Land Acquisition Act and the decision taken to acquire the lands is contrary to the business rules.

The Government later placed the notification in which several villagers around Bangalore city had been included in the metropolitan area.

A Division Bench comprising the Chief Justice Nauvdip Kumar Sodhi, and Justice N. Kumar adjourned further hearing on the matter.

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