Observing that the government has failed its own agency BDA, the Karnataka high court on Wednesday quashed acquisition of land for J P Nagar VIII phase layout in and around Kothanur in Uttarahalli hobli.
“It is an illusion on the part of the state and the BDA to contend that the scheme was substantially implemented. The state failed in ensuring that its agency, BDA, implemented the scheme as envisaged by law and allowed the scheme to be lapsed.
The state by its ‘quixotic’ manner of exercise of power interfered in the process by issuing notification under section 48 of Land Acquisition Act on numerous occasions for denotifying the acquired land,’’ Justice D V Shylendra Kumar has observed while restraining the BDA from going ahead. The judge directed the state to pay a cost of Rs 5,000 each to the petitioners before the court while rejecting the BDA appeal for going ahead with the project.
The preliminary notification for acquisition of land for the J P Nagar VIII phase was issued in March 1988 and the final notifcations were issued during 1994-1999 period. Out of the 1009.14 acres notified in the notification, only 123.29 acres were finally developed.
However, the state contended that 201 acres were developed. A large chunk of land (close to 200 acres) was denotified in favour of developers and private parties. As per section 27 of the BDA act, any scheme which is not substantially implemented within five years of issuance of final notification gets lapsed.