HC declines to interfere with final land acquisition notification for BDA’s Shivarama Karath Layout

It cited apex court’s orders

Observing that the apex court has specifically ordered the implementation of Dr. Shivarama Karanth Nagar Layout project by upholding the scheme and the preliminary notification issued in 2008, the High Court of Karnataka has declined to interfere with the final notification issued by the BDA in 2018 acquiring 3,546 acres 12 guntas of land for the proposed layout.

The apex court in its August 3, 2018 verdict, has “in unmistakable terms, has directed the State Government and BDA to issue a Final Notification without excluding any portion of land from acquisition by coming to the definite conclusion that there was no scope for exclusion of any land in the ultimate final notification,” the HC said.

Justice S.R. Krishna Kumar passed the order while dismissing petitions filed by several land owners questioning the legality of the final notification issued by the BDA in November 2018.

The apex court has not only restored, revived and upheld the entire scheme and the preliminary notification “but has also unequivocally, unambiguously, clearly and definitely directed the State Government and BDA to implement the entire scheme and issue the final notification within three months in respect of the entire extent of 3,546 acres 12 guntas notified in the preliminary notification without excluding, deleting or dropping any portion of land from the final notification.”

The HC noted that the apex court is supervising and monitoring not only the implementation and execution of the entire scheme, but also all its earlier orders, and has been addressing all grievances ventilated by all persons claiming rights over portions of the layout land, passing suitable orders and issuing appropriate directions in this regard.

Despite being fully conscious and aware that the petitions challenging the final notification are pending before this HC, the apex court continued to pass several orders and issue various directions safeguarding and protecting only certain types of categories of cases, thereby indicating that except the said categories enumerated by it, the final notification in respect to the remaining lands is perfectly legal and proper and does not warrant interference by this court, said Justice Kumar.

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