HC penalises BDA for taking over senior citizen’s land illegally at Jettigarahalli, BSK 6th stage, 10th block

[jagadish_kk]

The Karnataka High Court has imposed a penalty of Rs 1 lakh on the Bangalore Development Authority (BDA) for illegally taking over the land of a senior citizen 17 years ago without following the acquisition process and payment of compensation. A division bench of Chief Justice Abhay Shreeniwas Oka and Justice S R Krishna Kumar also ordered the BDA to acquire the land as per the Land Acquisition Act, 2013, which mandates compensation as per market value, or to return the land to the owner Belliappa.

Taking note of the acquisition of land by BDA illegally in several cases, the court said that BDA has made the petitioner run from pillar to post for compensation. Therefore, this is a fit case to penalise the BDA, the court said, while directing it to determine the compensation from February 2, 2002.

According to the order, Belliappa owned 63,000 sq ft of land at Jettagararahalli village near Hemmigepura in Kengeri Hobli. The land was utilised by BDA for formation of BSK 6th Stage Layout in 2002. But the BDA neither acquired the land nor gave developed land of 31,613 sqft as an alternative, as promised, to Belliappa. He then moved the court.

The BDA then had said that it would give 50% of the developed land to Belliappa. The single judge had directed the BDA to give 31,613 sqft developed land and Rs 1 lakh compensation to Belliappa for each year from 2002. The BDA chose to file an appeal against this order. Belliappa also filed an appeal seeking possession of his land and Rs 5 crore compensation.

http://www.newindianexpress.com/cities/ ... 57625.html