High Court Quashes BDA Land Acquisition After 24-Year Delay, Calls Process ‘Arbitrary’
Bengaluru: In a significant ruling that underscores the perils of administrative delay, the Karnataka High Court has quashed the Bangalore Development Authority’s (BDA) land acquisition process for a housing layout initiated 24 years ago, labeling the continuation of proceedings against a handful of landowners as “arbitrary and discriminatory.”
The verdict brings relief to approximately 350 landowners in Hemmegipura, Ganakallu, and other villages in the South Taluk of Bangalore, whose properties were notified for acquisition in 1999 for the BDA’s Banashankari 6th Stage Layout but were never formally taken over.
24 ವರ್ಷದ ವಿಳಂಬಕ್ಕೆ ಹೈಕೋರ್ಟ್ ಗರಂ: ಬಿಡಿಎ ಭೂ ಸ್ವಾಧೀನ ರದ್ದು; ಜಮೀನುದಾರರಲ್ಲಿ ಸಂಭ್ರಮ
A Project in Perpetual Limbo
The case revolves around the BDA’s initial plan to acquire 2,138 acres of land. However, over the decades, the agency’s execution of the project remained sluggish and inconsistent. The court noted that the BDA failed to produce complete documentation proving how much land was actually acquired.
Crucially, while the BDA abandoned the acquisition process for a majority of the land parcels following earlier court orders, it continued proceedings against a select few, including the petitioners H. Nagarajayya and others. This selective approach became a central point of contention.
Court Criticizes ‘Discriminatory’ Action
A single-judge bench of Justice E.S. Indiresh, who heard the petition challenging the acquisition, rejected the arguments put forth by the BDA and the state government. They had contended that the layout project had been “substantially implemented” and thus the acquisition process should be allowed to continue.
The bench found this argument untenable. “Even after 24 years, the BDA has not taken possession of the land. Therefore, the submission of the government and BDA that the scheme is substantially implemented cannot be accepted,” the court observed.
The judgment strongly emphasized that continuing the acquisition against only a few landowners, while letting others off the hook, violated Article 14 of the Constitution, which guarantees the right to equality. “Continuing the acquisition process for some farmers’ land is arbitrary and a discriminatory action,” the court stated.
Petitioners’ Argument Prevails
During the hearings, the petitioners’ lawyers had argued that the inordinate delay of 24 years without completion of the acquisition rendered the entire process illegal. They contended that pursuing the case against a small subset of landowners was manifestly unjust.
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The court’s decision to quash the acquisition process for the remaining plots aligns with this argument, providing a conclusive end to a decades-long period of uncertainty for the affected landowners. The ruling prevents the BDA from further pursuing the acquisition of these specific properties for the long-stalled layout project.
