Karnataka High Court Upholds BDA's Land Acquisition Notifications For Construction Of Peripheral Ring Road Between Hosur And Tumakur
Live LawThe Karnataka High Court has upheld the notifications issued by the Bangalore Development Authority to acquire land for construction of Peripheral Ring Road-II, between Hosur-Mysore Road and Tumakur Road. It said, “I am of the view that, as the respondent-BDA has laid road in Peripheral Ring Road for more than 80% of the project and as such, taking into consideration the difficulties arises in respect of the construction of metro station, service road to enable the nearby habitants to reach main roads as well as taking necessary precaution of the safety of the vehicles and public in general, I am of the view that, no interference be called for in respect of the quashing the impugned notifications issued by the respondent-authorities for the purpose of formation of Peripheral Ring Road.” A batch of petitions were filed by owners whose lands were acquired for the purpose of the project. Findings: Rejecting the submission of the Petitioners that there is change in alignment of the road by the respondent-authorities, the court said “I am of the opinion that, this aspect relating to feasibility of the land cannot be interfered with under Article 226 of Constitution of India.” The Court referred to Dr. Shivaram Karanth Layout case wherein the Supreme Court directed the BDA to pass awards and take possession of the lands notified for Peripheral Ring Road Scheme and the State Government was directed to take possession of the notified land for the purpose of completion of Peripheral Ring Road in favour of respondent-BDA. It said, “Having taken note of the factual aspects on record, as well as the observation made by the Hon'ble Supreme Court with a clear indication to complete the entire project, at the earliest, to facilitate the public at large, in Bangalore, I am of the view that, no interference is called for in respect of nullifying the acquisition proceedings.” In regards to delay in passing the award as well as in some petitions, award having not been passed, the court said “the respondent-BDA shall take necessary steps to pass award insofar the land utilized for the said project at the earliest and to pay the compensation to the land losers, taking into consideration Article 300A of Constitution of India.” The Court then emphasised that while acquiring land for the purpose of construction of the road, acquisition is to be made for other incidental purposes also including providing facilities for the truck terminals, fuel station, sky walk, bus depots and other general facilities etc., to be used by the pedestrians, etc.