Land for layout: cabinet records filed in court

Land for layout: cabinet records filed in court

The Hindu

Division Bench adjourns further hearing in BDA's Arkavathy Layout case

BANGALORE: The State Government on Monday placed before the Karnataka High Court Cabinet records approving the Arkavathy Layout in Bangalore sought to be formed by the Bangalore Development Authority (BDA).

A Division Bench, comprising the Chief Justice, Nauvdip Kumar Sodhi, and Justice N. Kumar, asked the Advocate General, B.T. Parthasarathy, to place the Cabinet records after some petitioners disputed the mode of approval granted by it.

The Bench was hearing the appeals by the State Government, the BDA and the former Chief Minister, S.M. Krishna, against a single judge order of April 2005 quashing the notification acquiring land for the project and making certain remarks against Mr. Krishna.

When the hearing recommenced today, senior counsel U.L. Bhat appearing for some of the petitioners, said the BDA had not applied its mind while acquiring the land for the project. He said some land, which had not been notified in the preliminary notification, was identified for acquisition in the final notification.

He said the BDA had violated norms by acquiring 487 acres of Government land in the preliminary notification and 550 acres of Government land in the final notification.

He said the then Chief Minister had violated the law by approving the layout pending Cabinet approval.

The Bench said it would verify the facts by looking at the Cabinet records and asked the Advocate General to place them before it.

After perusing the records, the Bench observed that the Cabinet of a Government that had succeeded the then Chief Minister had approved the project.

Other petitioners argued that the BDA had violated the Constitution by acquiring the land not falling in the municipal limits of Bangalore.

The Bench adjourned further hearing on the matter.