The Bangalore Development Authority (BDA) has issued final notification for acquisition of land for Shivaram Karanth Layout on the direction of the Supreme Court of India.
But, there are many and multiple complex issues dogging this layout and a long drawn legal battle is on.
The land acquisition problem can be traced back to 2008 when the BDA had issued a preliminary notification for 3,546 acres in 17 villages in north Bengaluru. However, the project did not take off owing to over 15,000 objections from landowners.
From 2008 to 2014, a total of 703.2 acres were denotified by various governments, which was taken note by the Supreme Court and directed the BDA to initiate the final proceedings.
In 2015, the Karnataka High Court quashed the acquisition notification, which the BDA challenged in the apex court. Meanwhile, the authority issued No Objection Certificates (NOCs) to landowners for over 1,200 acres, allowing them to convert agricultural land for residential purpose. The BDA has also given NOCs to several gated communities and private layouts between 2015 and 2018. Multiple sources in the BDA and landowners have confirmed this.
In August 2018, however, the Supreme Court directed the BDA to issue the final notification and go ahead with formation of the layout in three months. In line with this direction, the authority issued the final notification for 3,546 acres on November 1, 2018.
However, it will now bedifficult for the BDA to re-acquire the 1,200 acres that it allowed owners todevelop privately.
But the BDA has approved 9 (nine) Layouts, which may not or cannot be reacquired.
THE FOLLOWING ARE THE ARGUMENTS IN FAVOUR OF THE LANDLORDS.
“How can the BDA include denotified land — land for which they have given NOC for conversion, layout formation and land that is already developed — in the final notification? Will they demolish nearly 8,000 houses to make sites and give it for housing for others?” said one of the office bearers of the Association.
But, Except the 9 approved layouts and 2 Development plans, the rest of it all, illegal and unauthorised layouts or developments.
Furthermore, the Apex Court has appointed a one-man commission headed by former Karnataka High Court judge K.N.Keshavanarayana to inquire into the affairs of the layout and the mandate of the commission is to fix responsibility for problems pertaining to the scheme,sources said.
Residents owners of 17 villages whose land has been notified for formation of Shivaram Karanth Layout have organised themselves into the Shivarama Karanth Layout Farmers and Property Owners Association, and filed a petition in the Supreme Court seeking a review of its August 2018 order directing BDA to issue the final notification for the layout.
Few Developers, whose layout had been approved by the BDA and few builders who obtained the DP from BDA have already approached the Apex Court and their RP has not been admitted yet. But, hopefully, they may be secure or better than the revenue and DC converted sites.
BUT, THE LEGAL STAND:
Any NOC is subject to the outcome of the pending trial. Hence, the NOC issued is subject to the outcome of the court decision.
The Apex court has adjudicated this issue and RP is pending.
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