Karnataka HC finds fault with BDA for passing compensation award 23 years after acquisition
Dec 22, 2012
Source : The Times of India

 

Bangalore: Strange are the ways of the Bangalore Development Authority(BDA), an authority constituted for developing the city of Bangalore. In an interesting case, the Karnataka high court has quashed the acquisition of the land in Bangalore city for the BDA on the ground that the compensation award was passed only in 2010, nearly 23 years after the issue of final notification.

"There is no dispute that the BDA has passed an award in 2010, just before the filing of the writ petition.The BDA has shown positive inaction and the acquisition proceedings are liable to be quashed on account of inordinate and unexplained delay " Justice Anand Byrareddy has observed in his order while allowing a batch of petitions.

The Judge however reserved liberty to the BDA to acquire the said lands by a fresh acquisition process if the same is required for a public purpose. B S Nayana Shree and others had challenged the acquisition of several patches of lands belonging to them near Bommanahalli for the formation Hosur-Sarjapur Road (HSR) layout.

The petitioners claimed that though the preliminary and final notifications were issued in 1984 and 1986 respectively, even after lapse of such a long time, the authority failed to implement the scheme . They had contended that as per section 27 of BDA Act, any scheme which is not implemented within five years of the final notification, it would lapse.

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