BMRDA nod must for land use conversion, says High Court

BMRDA nod must for land use conversion, says High Court
deccan Herald

The Karnataka High Court on Monday ruled that neither the deputy commissioners nor any other local authorities can allow conversion of land use, formation of layouts etc, in the Bangalore metropolitan region without the approval of the Bangalore Metropolitan Region Development Authority (BMRDA).

Even land developers cannot undertake such developmental activities without obtaining permission from the BMRDA, the court held.

Justice B S Patil delivered the judgment while disposing of the petitions filed several land developers led by the Karnataka Land Developers’ Association. They had questioned the power of the BMRDA in preparing a master plan for the organised development of the region and to impose a general ban on considering applications to take up development activities. The petitioners had contended that the BMRDA does not have the power to prepare a master plan and to control developmental schemes as such power vested with the revenue officers and town planners as per the provisions of the the Land Revenue and the Karnataka Town and Country Planning Acts.


However, the court ruled that the provisions of the BMRDA Act have the overriding effect on provisions of other laws in so far as it relates to the development of Bangalore metropolitan region while upholding the arguments of State Advocate General Udaya Holla in this regard.

On the other hand, the court held that the BMRDA has no power to issue a general direction to the authorities to not to consider applications for conversion of land, formation of layout, etc as the Act had not given such “arbitrary” power to the Authority.

But the revenue and the local planning authorities are bound to obtain prior approval of the BMRDA before allowing land conversion, formation of layouts etc, the court said while making it clear that these authorities cannot act against the BMRDA decision.

While holding that the BMRDA cannot prohibit persons and authorities from making applications to take up development activities, the court directed it to consider the applications filed by the land developers and others to take up developmental activities and pass appropriate order. At the same time, the court lauded the objective of the BMRDA in issuing the notification as planned development of the region is the need of the hour as negligence in this regard would lead to chaos throwing up environmental, ecological, health and safety hazards. However, it noted that such actions should be within the framework of the statute.