HC restrains allotment of sites at BDA Shivaram Karanth layout

Bengaluru: The High Court has put a brake on the allotment of land in the much-awaited Shivaram Karanth layout. Even after the Bangalore Development Authority was preparing to issue a notification for allotment of land, the High Court ordered the status quo to be maintained regarding the construction of the layout. In addition, the court directed the government and BDA not to issue notification for allotment of land without permission.

As directed by the Supreme Court, the case was heard by the division bench headed by Justice Krishna S Dixit and Justice M Nagaprasanna passed this order on Thursday. After hearing the arguments, the court ordered not to issue the notification but allowed the layout development work to continue.

In the wake of allegations that the BDA is allotting land without solving the problems of the settlement, it has been restricted from issuing a notification inviting applications from the public for allotment of land.

The committee led by Justice AV Chandrasekhar has kept the records of Shivaram Karanth layout with it. As per the order of the Supreme Court, the committee has not handed over the documents to the BDA. Therefore, the court instructed the BDA to put another lock in that room and give that key to the High Court Registrar General, in view of the BDA’s contention that the committee has the key to the lock of the room containing the documents.

Advocate Shivprasad Shantana Gowdar, who appeared for the BDA, instructed the committee to submit all the documents to the BDA as directed by the Supreme Court. However, he said that the committee documents have not yet been handed over to the authority.

Advocate for the petitioner, there are still many complaints pending regarding the construction of layout. Many have claimed. Layout construction work can continue. But if the allotment is made, the right of the applicant will be curtailed. Therefore, the allotment of land should not be allowed, he requested.

BDA is constructing Shivaram Karanth layout on more than 2700 acres. There were many problems including land acquisition. There was a legal battle in the High Court and the Supreme Court and in the end the courts upheld the action of the Land Acquisition Authority. However, there were many allegations including discrimination in distribution of compensation. In that background, many had applied to the Supreme Court. After examining all aspects, the Supreme Court formed a three-member committee headed by retired Justice AV Chandrasekhar on December 3, 2020. The committee intervened as directed by the court and resolved all the issues. The term of the committee ended on December 31, 2023.

Justice AB Chandrasekhar, who was the chairman of the committee, said that the purpose for which the committee was formed has almost been fulfilled, so there is no need to continue the committee. He said that the committee can be dissolved without extending the term of office. However, other members of the committee filed a petition in the Supreme Court to extend the authority of the committee by six months as there are still many complaints related to the construction of the layout and they need to be resolved. However, the Supreme Court transferred those petitions to the High Court and instructed them to decide on all aspects including the continuation of the same committee. Accordingly, the CJ of the High Court constituted a new divisional bench.