Saturday, November 26, 2005

HC Clears Arkavathy Layout

HC Clears Arkavathy Layout
Vijay Times

Bangalore: Decks were cleared for the formation of the 2,750-acre Arkavathi layout in Bangalore, with the Karnataka High Court on Friday upholding the BDA notification for the Rs-981 crore mega project.

A Division Bench comprising Chief Justice N K Sodhi and Justice N K umar set aside the order of a single judge quashing the notification.

The order was pronounced before a packed court hall on a plethora of writ appeals challenging the judgment of the single judge. The judgment runs into 925 pages. The High Court ordered that 53 acres of land notified at Nagavara village for the purpose of the layout be excluded from acquisition. It observed that the government had accorded permission to set up an IT park on this land and it would not be correct if the State went back on its promise.

The Bench also quashed the acquisition proceedings in respect of those lands belonging to the University of Agricultural Sciences, Employees House Building Cooperative Society and T ata Housing Development Society .

The Bench held that the BDA is not a municipality and therefore can initiate acquisition proceedings.

Though the BDA is a local authority , it is not a local self government, the court said, adding that the single judge was wrong in holding that the BDA had no jurisdiction to initiate acquisition proceedings.

Right to livelihood

There cannot be any doubt that the project has been envisaged keeping in mind larger public interest and it is for a public purpose. The individual rights must yield to larger public purpose and hence it does not amount to deprivation of right to livelihood, the court said.

Government approval

It is true that there have been discrepancies in the total extent of the land acquired. However , one cannot lose sight of the fact that in the total extent of land sought to be acquired, there are tanks and also government land.

Hence, the said discrepancy is understandable, the court observed.

The High Court expunged the remarks made b y the single judge against former Chief Minister S M Krishna, saying it was regrettable that he passed adverse remarks of a serious nature affecting his integrity .

Individual rights must yield to larger public purpose: court
Acquisition of land notified for IT park quashed
BDA is a local authority, not local self government


If the lands fall under the green belt or if the l up area, or belonging to charitable trusts, educat institutions, nursery lands, set up factories, lan which have not been notified prior to the prelimin applications may be filed before the BDA seeking e acquisition

Such persons should produce documents within a mon same shall be considered with respect to the statu prior to the preliminary notification. However any development or improvement of construction put up the preliminary notification will be demolished

Register with the BDA and pay the registration fee

File applications for sites and the BDA will allot site either in the layout or in an area close by

The BDA shall fix the rate as per the allotment pr Since the sites will be acquired, the amount of compensation shall be calculated and the balance amount shall be paid to the BDA

Site owners should be residents of Bangalore for t past 10 years. They shall not have any other residential property in Bangalore


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