BDA unable to close land acquisition process in 24 yrs

"Even after 24 years neither the land acquisition proceedings were completed by passing the award nor the possession of the land was taken"

NT Correspondent

Bengaluru: The High Court of Karnataka has set aside the land acquisition proceedings against eleven land owners by the Bangalore Development Authority (BDA) for the formation of HSR Layout. The notification was issued in 1985 but even after 24 years, the Authority has failed to complete the proceedings.

The proceedings had begun in 1984. They were not concluded even in 2011 when the appeals were filed in the HC by the landowners. These appeals and some more petitions were disposed of by the HC recently. The HC quashed the acquisition proceedings saying it was “unreasonable and unexplained.”

The Division Bench of Justice Alok Aradhe and Justice S Vishwajith Shetty said, “In the instant case, admittedly, even after a period of 24 years neither the land acquisition proceedings were completed by passing the award nor the possession of the land was taken. No explanation has been offered on behalf of the Authority for the inordinate delay in concluding the proceedings under the Act. Therefore, we hold that there was an unreasonable and unexplained delay in concluding the land acquisition proceedings.”

The HC was hearing six writ appeals and five writ petitions filed by land owners. “The singular issue, which arises for consideration in these writ appeals and the writ petitions is ‘whether the authority is required to conclude the proceedings for acquisition of land initiated by it within a reasonable time?' ” Therefore, all the aforesaid writ petitions were heard analogously and are being decided by this common judgment,” the HC recorded the dispute.

The Bangalore Development Authority issued a preliminary notification for the acquisition of the contested land in 1984 and a final notification was issued in 1986. However, the BDA never passed an award or took possession of the land. The land owners filed writ petitions in the High Court in 2010. The singlejudge bench in 2011 held that there was a delay but did not grant the quashing of the acquisition.

Instead, the landowners were awarded additional compensation at the rate of 12 percent of the market value. An appeal was filed by these landowners against the order. Other landowners had filed writ petitions regarding the same acquisition proceedings which were also considered and a common judgment was given.

Allowing the appeals and petitions the HC said, “The preliminary as well as final notifications insofar as it pertains to the land of the appellants and the petitioners are hereby quashed on the ground that the authority has failed to conclude the land acquisition proceedings within reasonable time inasmuch as no award was passed after a period of 24 years from the date of publication of final notification.”