BDA up against big hurdle

BDA up against big hurdle
Existing Constructions On Arkavathy Pose A Challenge
The Times of India

Bangalore: Finally, it’s curtains on the vexed issue of existing buildings in the Arkavathy Layout.

The Bangalore Development Authority (BDA) has been directed by the high court not to consider those properties which are developed or constructed after the issuance of the preliminary notification on February 3, 2003 for deletion from the final acquisition notification. However, those properties which existed during the issuance of preliminary notification will be reviewed on case-to-case basis.

Though the Arkavathy Layout project has got the go-ahead from the high court, dealing with the existing constructions on the disputed 748 acres of land within the notification will turn out to be a herculean task for BDA.

The court, which has dealt the issue of constructions, states that the 1,424 writ petitioners — seeking exclusion of land from the acquisition proceedings on the grounds that their land were either in the green belt, totally built up, properties of charitable, educational or religious institutions, nursery lands or industries — have to make applications to BDA within one month from the date of the order that was out on Nov. 25.

These petitioners have occupied the 748 acres of notified area, which is predominantly revenue lands that is still under litigation.

The court has also given another option to the petitioners: they can file applications for allotment of sites on paying the registration fee. They need not pay any initial deposit as they have to agree not to receive compensation apart from the site. The BDA, on its part, will treat them as applicants and allot 30x40 ft site in Arkavathy Layout or in any nearby layout in Bangalore for the prevailing allotment prices.

The court has also stressed that till the exercise is undertaken by the BDA, applications filed by the petitioners either for allotment of site or for denotifying, the existing constructions cannot be demolished. Only after considering the applications, if the lands are not excluded, will the BDA proceed with the acquisition.

IT’S AN ORDER
The 1,424 petitioners, who had moved the court against Arkavathy Layout project, will have to file their objections before BDA within the next two months. These petitioners who are predominantly revenue site owners occupy 748 acres which is still under litigation. The BDA has been directed by the court to take a decision within one month after the objections are filed after reviewing them. The petitioners seeking allotment of sites will have to fulfil two requirements under the Act: They must be the residents of Bangalore for the past 10 years and should not be owning any residential property in the city. If the petitioners don’t fulfil the requirements, their cases may be considered for allotment of 20x30 ft sites as per incentive scheme for voluntary surrender of lands.