S.32(5) Of Karnataka Urban Development Authorities Act For Formation Of New Layouts Not Applicable To Single Plot Development: High Court

The Karnataka High Court has made it clear that a private person is not required to forego portion of his land for the formation of the public road without receiving any compensation from the authorities. However, the Authority contended that in the light of Section 32 of the Karnataka Urban Development Authorities Act, 1987, the petitioner is not entitled to any compensation for the land over which the road is being formed. Further, it was said that any person who intends to form a layout is liable to surrender certain extent of land to the authorities concerned for formation of road, civic amenities, parks and the like and for that reason, he is not entitled to any compensation and in the instant case, the petitioner requested for sanction of plan for putting up a residential unit on 29 guntas of his land for which he is required to surrender a portion of his land for widening of the road and the plan has been sanctioned accordingly. Further, It said “Section 32 of the Act deals with formation of new extensions or layouts or making new private streets.” It said when a layout is being formed, public roads, civic amenity sites, parks and other areas for infrastructure development in the interest of public at large will be required to be made and the same are required to be transferred to the civic authorities for the use of the public and that according to law shall be done, without any compensation paid to landlord.