BDA: Allotment of alternative site beyond rules

BDA: Allotment of alternative site beyond rules

Land used for BTM layout 4th Stage, Sites given in Kengeri And Mahalakshni Layout

Kere Manjunath ಕೆರೆ ಮಂಜುನಾಥ್

Bengaluru: Within two months of issuing Absolute sale seeds for a corner plot of CA in Jayanagar 8th Block without auctioning it, the BDA, which has exceeded its own rules, has allotted three sites in previously created layouts in place of the land used.

Instead of the land used for the road in the BTM layout without land acquisition, three sites have been allotted in Kengeri Satellite and Mahalaxmi layouts without allocating sites in the same layout or the subsequent layout.

In the preliminary and final notifications issued for the construction of the Byrasandra-Tavarekere-Madiwala (BTM) layout, there was no 16 gunte land in Survey No. 62 of Bilekahalli village, Begur hobli, South Taluk. However, the BDA has used the land for the construction of the road. No compensation has been given. Therefore, the joint owner of the land, K. Devdas, had appealed to provide an alternative site.

Since the BDA did not respond to Devdas' requests, he had approached the High Court. As per the law, the High Court had ordered to provide an alternative site. BDA had also filed a ‘contempt of court’ case on August 13, 2024, as it did not comply with the court order of March 26, 2021. The court disposed of the case as the BDA had stated that ‘an alternative site is being provided’.

The government also gave permission to provide an alternative site in the ‘Land Compensation Committee Meeting’ consisting of the Land Acquisition Officer, Deputy Commissioner of Land Acquisition, Engineer Member, Chief Legal Officer and Secretary. Therefore, the committee approved the action as per the rules.

The road has been constructed as per the approved map without land acquisition, and as per the government order (Ne/442/Bebhuswa/2017– 9 October 2018), 50% of the developed sites per acre can be provided. Accordingly, for the fifteen and a half Gunte land, development plots measuring 4,641.86 square feet should be allotted to joint portfolio holders K. Krishnappa, K. Ramanna, Devadas, Munivenkatappa, K. Doreswamy. The committee had suggested allocating the plots in the same layout or the subsequent layout where the road has been constructed using the land.

Three plots registered in one day

Plots measuring 255.99 square meters (2,755 square feet) at plot number 1892 in Kengeri Suburban Layout, and 158.47 square meters (1,705 square feet) at plot number 1120 in the same layout have been issued to Devadas on September 2, 2024 as per the order of the BDA Commissioner. A plot measuring 27.877 sq m (300 sq ft) at No. 13 in Mahalaxmi Layout was registered on the same day by paying an additional amount.

The final notification of land acquisition for Kengeri Suburban Layout was issued on 3 July 1964 and the final notification for the extended layout was issued on 29 January 1965. The final notification for Mahalaxmi Layout was issued on 30 August 1979. The final notification for BTM Layout Phase 1 was issued in 1978. The final notification for land acquisition around Bilekahalli for Phase 4 of BTM Layout was issued on 3 November 1990. The BDA has used 16 guntas in Bilekahalli Survey No. 62 to construct the road in Phase 4. However, the final notification of 1978 is mentioned in the alternative site allocation resolution.

BDA violates Deputy Chief Minister’s directive

‘The acquired land should not be denotified for any reason. This matter should be brought to my attention through correspondence. If there are proposals to provide alternative sites, they should be brought to my attention before correspondence. It should be dealt with in accordance with the law,’ Deputy Chief Minister D.K. Shivakumar directed the Additional Chief Secretary of the Urban Development Department to the Commissioner of Bangalore Development Authority, Commissioner of BMRDA Mahanagara, Commissioner of Ramanagara Urban Development Authority on August 28, 2024. However, in this case, three alternative sites were registered by BDA officials in previously constructed layouts in September 2024.

I will check: BDA Commissioner Jayaram

‘The alternative sites should be provided in the same or subsequent layouts. I will look into this case,” BDA Commissioner Jayaram told.

‘Action as per the allotment order’

‘The final notification of land acquisition for the construction of the housing estate will not be considered for providing an alternative site. The alternative sites have been allocated as per the order issued for the sites available for allocation. Two sites in Kengeri Suburban as per the allotment order of 1986 (BDA/ADM/OA/PR/98/85–86), and one site in Mahalaxmi Layout as per the allotment order of March 1986 (BDA/ADM/OA/Allotment/T/86–87) have been allocated to Devdas and registered,’ informed a BDA Deputy Secretary on the instructions of the BDA Commissioner.

"The final notification for the fourth phase of land acquisition of BTM Layout was issued on November 3, 1990. This includes lands in the Bilekahalli area. Devdas' land was in this area. It was used for road construction. Therefore, as per the BDA rules and government orders, replacement sites should be allotted only in layouts formed after 1990. The final notification of land acquisition should be considered for allocating replacement sites and not the date of site allocation," said Kumar, who obtained information under the Right to Information Act.

"Though hundreds of people have been waiting for replacement sites for decades, they are being told to wait until a new layout is formed. However, some are being allotted sites in layouts that were formed earlier," he complained.