HC upholds BDA land acquisition for PRR Road-II

NT Correspondent

Bengaluru: The Karnataka High Court has upheld the notifications issued by the Bangalore Development Authority (BDA) for the acquisition of land to construct Peripheral Ring Road-II, linking Hosur- Mysore Road and Tumkur Road. Justice E. S. Indiresh, in his ruling, upheld both the Preliminary and Final Notifications issued in 2005 and 2011, respectively, under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, as reported by LiveLaw.

A group of petitions was filed by landowners whose properties were acquired for the project. They argued that, despite more than a decade passing since the notifications were issued, no award had been made, and therefore, the acquisition process should be quashed. The landowners also contended that the authorities had failed to take possession of the land, and since the properties had not been vested with the BDA, the acquisition process violated Section 36(3) of the BDA Act. Additionally, they claimed that the BDA had abandoned the acquisition process, as the project for which the land was taken had not been completed, rendering the acquisition proceedings lapsed under Section 27 of the BDA Act. According to the LiveLaw report, the BDA responded by raising the issue of delay and laches, pointing out that the petitions were filed three years after the acquisition process began.

The BDA noted that award notices had already been issued to some landowners, and possession mahazars had been prepared and handed over to the Engineering Section. The BDA's counsel also argued that under Section 69(2) of the Karataka Town nd Country Planning Act, 1961, acquisition proceedings for road construction cannot lapse.