The Apex Court of India said that The Karnataka government and the Bangalore Development Authority are responsible for the mess in the city, as it directed them not to drop acquisition of about 650 acres of land for the Dr. K Shivaram Karanth Layout.
The Apex Court further ordered an expeditious enquiry by the retired high court justice of Karnataka, Justice Keshavanarayana to submit the report and find out the officials involved in the denotification.
at last Dr K. Shivarama Karanth Layout will be a reality soon.
All the lands notified will be thoroughly scrutinised and a report will be submitted within 3 months to the Supreme Court and the Apex Court may take a decision of forming the layout.
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Shivarama karanth layout land acquisition notification quahed
The Karnataka High Court on Wednesday declared that the preliminary notification, issued by the Bangalore Development Authority (BDA) in 2008 to acquire land for the formation of Dr. Shivarama Karanth Layout, has “lapsed” as it was not implemented for several years.
Justice A.S. Bopanna passed the order while allowing petitions filed by land owners T. Ashwath Narayan, S. Rama Reddy and others from Ramagondanahalli and Veerasagara village of Yelahanka hobli. The BDA had on December 30, 2008 issued the preliminary notification identifying 3,546 acres of land situated between Doddaballapur and Hessarghatta roads to form 18,975 sites.
The court declared that the acquisition process, in so far as it relates to the land of the petitioners is concerned, has “lapsed” as the BDA had neither declared the scheme for acquisition nor issued final notification for acquisition even after five years and 11 months.
The acquisition has “lapsed” due to non-implementation of the plan within a “reasonable” period.
The land owners had complained that they were deprived of peaceful enjoyment of their properties in view of the preliminary notification and failure of the BDA to consider their objections against acquisition even though they had submitted their objections soon after issuance of the preliminary notification.
Though the Chief Minister has announced that the Government would scrap its decision to acquire land for forming Dr Shivaram Karanth Layout, the Bangalore Development Authority (BDA) is planning to initiate the process to obtain the government’s permission to issue a final notification for acquiring land for the layout.
An official said, “The State government has not issued any written order to the BDA to scrap the decision to form the layout. Moreover, courts have held in some cases that government agencies should complete projects within seven years of issuing preliminary notification to acquire land. If the land acquisition process is delayed further, we might have to face a lot of legal hurdles. Therefore, we are planning to issue a preliminary notification after obtaining the State government’s permission.”
In 2007, the State government had announced that it would form five layouts – Nadaprabhu Kempegowda Layout, Dr Shivaram Karanth Layout, S Nijalingappa Layout, D Devaraj Urs Layout and K C Reddy Layout – around the city to allot 1.76 lakh sites to those willing to buy them.
In pursuance of the government’s order, the BDA has issued preliminary notification to acquire 4,814 acres and 15 guntas for Nadaprabhu Kempegowda Layout in May 2008 and 3,546 acres and 12 guntas between Doddballapur Road and Hesarghatta Road for Shivaram Karanth Layout in January 2009.
In due course, the BDA issued a final notification for Kempegowda Layout and held a series of discussions with the land owners to fix the compensation for the land and agreed to pay a compensation ranging from `80 lakh to `1 crore per acre of the land besides giving one incentive site. The BDA also offered to give 40 per cent of the developed land for those who did not want the monetary compensation. The BDA issued the final notification for acquiring the land for Kempegowda Layout towards the end of 2009.
As land owners had filed over 12,000 objections to the acquisition of land for the Karanth Layout and held series of protests, the BDA did not proceed with the acquisition process. In June 2013, the Chief Minister had told the protesting land owners that the government would scrap its decision to form Karanth Layout and abandon the land acquisition process.