Don’t harass citizens, release sites, HC directs planning authority

S Shyam Prasad | NT

Bengaluru: Holding that notices to the land developers were issued only to harass them, the High Court of Karnataka has directed the Nelamangala Planning Authority to release the balance sites to the developers within 15 days.

The HC also directed the State to take action against the planning authority for impinging the property rights of citizens.

“The petitioners being citizens of the country have been driven to this court after having approached and succeeded twice earlier and the two appeals filed under the BMRD Act. It is, therefore, required that respondent No.1 (State Government) to look into this matter and take appropriate action such that authorities like the planning authority will not impinge upon the property rights of citizens of the country in a manner unknown to law or contrary to law.”

M Govindappa, 85 and TG Chandru, 54, from Thindlu Village, Vidyaranyapura approached the HC with a petition that was heard by Justice Suraj Govindaraj.

The two had obtained permission of conversion of agricultural land for nonagricultural purposes and applied to the Nelamangala Planning Authority for sanction of a layout plan under the Karnataka Town and Country Planning Act.

The authority sanctioned the plan on May 26, 2006. The two formed 90 sites of different dimensions. Only 60 per cent of the sites numbering 54 were released while 40 per cent were kept pending.

When an application was filed for the release of the remaining sites, the authority informed them that according to the master plan, there was a proposal for a 45-metre road in the layout and it would cover many of the sites which were not released.

The two filed an appeal under the Bangalore Metropolitan Region Development Act (BMRD) in 2011 and the authority was directed to release the remaining 40 percent of the sites while granting liberty to acquire the sites for road widening.

The authority however released some of the sites and retained seven sites. It asked the developer to give alternate sites to the purchasers of these seven sites. The duo again challenged the order.

The Principal Secretary, Urban Development Department set-aside the endorsement in 2013 and directed the release of the sites. The authority once again in 2021 directed to relinquish 45 metres of land for the road. This is when the two approached the HC.

Castigating the authority, the HC said, “The planning authority being a public body is required to act for the public and in the interest of the public and not in the manner so as to deprive the rights of the public by resorting to non-release of sites and trying to coerce the citizen of the country forcing for relinquishing or releasing its property for formation of road.”

The HC quashed the endorsement and letter issued by the Planning Authority and directed it to release the sites within 15 days.