Bengaluru: In a relief for the Bangalore Development Authority (BDA), the Karnataka high court has upheld the acquisition of certain pieces of land at Gubbalala village for the formation of a further extension of Banashankari VI Stage by linking the existing VI Stage Layout through Kanakapura-Bengaluru Main Road.The preliminary notification for the scheme was issued on Nov 7, 2002, for 1,532 acres and 17 guntas of land in eight villages. However, in the final notification issued on Sept 9, 2003, only 750 acres, including 142 acres and one gunta of land at Gubbalala village, were notified. Thereafter, the acquisition was restricted to 395 acres and 37 guntas of land, including 39 acres and 10 guntas of Gubbalala village.The petitioners-landowners challenged the notifications and on Jan 27, 2025, a single bench quashed the acquisition of around three and a half acres belonging to the petitioners on the ground that BDA has not taken possession of those lands. BDA appealed against the order of the single bench.A division bench comprising Justices DK Singh and TM Nadaf pointed out that the scheme has been substantially implemented, as 53 sites have been allotted to the allottees in respect of the lands of the petitioners.“The conveyance deeds in favour of the allottees have been registered by BDA. Google Maps also show that the allottees have put up construction of houses and the roads have been formed. Therefore, we are of the considered view that the scheme has been substantially implemented and there is no question of applicability of either the provisions of Section 27 of the BDA Act or Section 24(2) of the Right to Fair Compensation Act. The award amount has been deposited in the treasury and that is not in dispute,” the division bench added while setting aside the order passed by the single bench.
