Supreme Court - Daily Orders
Bangalore Development Authority vs State Of Karnataka on 26 October, 2021
Bench: S. Abdul Nazeer, Sanjiv Khanna
ITEM NO.302 COURT NO.7 SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Miscellaneous Application No. 1614-1616/2019
in C.A. No. 7661-7663/2018
BANGALORE DEVELOPMENT AUTHORITY & ANR. Petitioner(s)
VERSUS
STATE OF KARNATAKA & ORS. Respondent(s)
(IA No. 55439/2021 - APPLICATION FOR PERMISSION
IA No. 46142/2021 - APPLICATION FOR PERMISSION
IA No. 192874/2019 - CLARIFICATION/DIRECTION
IA No. 46146/2021 - CLARIFICATION/DIRECTION
IA No. 124166/2021 - CLARIFICATION/DIRECTION
IA No. 123808/2020 - EXEMPTION FROM FILING O.T.
IA No. 108210/2021 - EXEMPTION FROM FILING O.T.
IA No. 55440/2021 - EXEMPTION FROM FILING O.T.
IA No. 46147/2021 - EXEMPTION FROM FILING O.T.
IA No. 4082/2021 - EXEMPTION FROM FILING O.T.
IA No. 46140/2021 - INTERVENTION/IMPLEADMENT)
Date : 26-10-2021 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE S. ABDUL NAZEER
HON'BLE MR. JUSTICE SANJIV KHANNA
By Courts Motion
For Petitioner(s) Mr. S.K.Kulkarni,Adv.
Mr. M.Gireesh Kumar,Adv.
Mr. Ankur S. Kulkarni, AOR
Ms. Uditha Chakravarthy,Adv.
For Respondent(s) Mr. Prabhuling K.Navadgi,AG
Mr. V. N. Raghupathy, AOR
Mr. D. K. Devesh, AOR
Mr. Durga Dutt, AOR
Signature Not Verified
Ms. Anuradha Mutatkar, AOR
Digitally signed by
Neelam Gulati
Date: 2021.10.26
17:47:17 IST
Reason:
1
UPON hearing the counsel the Court made the following
O R D E R
We have heard learned counsel for the parties and perused the Status Report dated 22.10.2021 filed by the BDA.
DR. K. SHIVARAM KARANTH LAYOUT (2) It is evident from paragraph ‘3’ of the Status Report that passing of the awards as well as taking possession of the lands has been slowed down considerably. In view of above, we direct the BDA to speed up the acquisition of the lands.
(3) Time for receipt of the application from the Revenue site holders is extended till 21.12.2021, as prayed for in paragraph ‘6’ of the Status Report.
(4) In paragraph ‘7’ of the Status Report connectivity issue within the Layout has been discussed. It is stated that exhaustive land survey is necessary to fix the actual alignment of this connectivity. BDA is directed to acquire the requisite lands for this purpose. It is also directed to send a proposal accordingly to the State Government.
(5) Four weeks’ further time is granted to send the proposal for acquisition of the left-out lands for the formation of the Dr. K. Shivaram Karanth Layout to the State Government.
2(6) By our order dated 29.09.2021, we had directed the BDA as also the State Government to inform this Court, the steps taken for taking possession of government lands notified for formation of Dr. K. Shivaram Karanth Layout. The State Government has not filed its Status Report in terms of the above order. Two weeks’ further time is finally granted to the State Government to file the Status Report as above.
(7) During the course of the hearing, it was pointed out that the BDA is forming the Layout by generating its own resources. It is true that for the formation of the Layout, BDA has to incur huge expenses. It is not disputed that the BDA has been taking possession of the lands vested in it in the developed layouts. There is no bar for the BDA to form the sites in these recovered lands and dispose of them by public action. Needless to say, that the sites formed in these lands, both intermediary and corner sites or any other intermediary sites in the developed layouts have to be disposed of only by public auction. Bangalore Development Authority (Allotment of Sites) Rules, 1984 are not applicable to the sites formed in the recovered properties or the intermediary sites in the developed layouts. These Rules are applicable only to the new layouts formed by the BDA.
3PERIPHERAL RING ROAD(PRR) (8) Status Report dated 22.10.2021 in relation to PRR is as under:
“G REGARDING PERIPHERAL RING ROAD.
11. This Hon’ble Court was pleased to direct in para 12 of its order dated 29/09/2021 to file a complete status report regarding peripheral ring road from its inception. Hence chronologically, all developments are placed for the kind consideration of this Hon’ble Court.
12. A peripheral ring road (PRR) was proposed encircling the Bangalore City for a length of 116 km vide Letter No.BDA/Vi.A.BhuSwaA/C4/PR/619/2006-07 dated 27.11.2006 by the BDA. A true translated copy of BDA letter dated 27.11.2006 is produced herewith marked as Annexure 3. The scheme was sanctioned by the Government of Karnataka vide Government order No. UDD 399 MNX 2006 Bangalore dated 23.04.2007. A true copy of the Government order dated 23.04.2007, is produced herewith marked as Annexure 4. Peripheral Ring Road is to provide connectivity to various destinations in all directions for onward traffic without entering the city of Bengaluru and thus minimising the congestion on the outer ring road and internal roads of the city roads. Part of this PRR commencing from Tumkur Road NH44 (old NH4) near Madanayakanahalli and ending on Hosur Road NH48 (old NH7) near Huskur passing in the eastern side of City was called as PRR Part-1. The remaining part on the western side of the City as PRR Part-2. Concentric to 4 PRR Part-2, as part of Bangalore-Mysore Infrastructure Corridor, connecting roads were formed by Nandi Infrastructure Corridor Enterprises (NICE) connecting Hosur road (NH 44) to Mysore road and Tumakuru road (NH 44) to Mysore road. In view of this, PRR Part-2 has not progressed further (except for the portion from Mysore road to Magadi road which is now passing through Nadaprabhu Kempegowda Layout), though Preliminary Notification was issued for PRR Part-2 also.
13. 1st Preliminary Notification was done to an extent of 1962 Acre 26 Guntas in Preliminary Notification No: BDA/Commr/ DC(LA)/ SALAO/ 79/ 2005- 06/ Bangalore dated 23.09.2005 for PRR Part-1. 2nd Preliminary Notification was done to an extent of 989 Acre 32.25 Guntas vide Notification No: BDA/ Commr/ DC(LA)/ SALAO/ 79/ 2006-07 Bangalore dated:
15.11.2006 for PRR Part-1. Final Notification for PRR Part-1 was done for an extent of 1810 Acre 18.5 Guntas vide order No. UDD 399 MNX 2006 Bangalore dated 29.06.2007. Additional Preliminary Notification was done for Toll Plaza, Missing Links to an extent of 372 Acre 26 Guntas wide order No. BDA/ Commr/ DC(LA)/ SALAO/ 37/2010-11 Bangalore dated 16.08.2010 in PRR part-1.
14. Out of 1810 Acre 18.5 Guntas, awards have been framed for 948 acres and awards have been approved for 569 acres and 16.5 guntas and compensation is paid in 3 (three) cases only as per the provisions of Land Acquisition Act, 1894 in the months of June and July 2011 ie., (1) Kachamarnahalli Village Sy No.100 extent of 1 Acre 28 Guntas, award passed for 5 Rs.21,27,608/-. (2) Aduru village Sy No.25/6 extent of 0-28 Guntas, award passed for Rs.8,15,782/- (3) Aduru village Sy No.32/10 extent of 1 Acre 5 Guntas, award passed for Rs.11,78,552/-. Thus, an extent of only 3 acres 21 guntas has been taken possession of and handed over to the engineering division.
H LITIGATIONS/PERIPHERAL RING ROAD
15. Several Writ Petitions had been filed before the Hon’ble High Court of Karnataka challenging the acquisition proceedings. Smt. A.Gowramma and two others had challenged the Preliminary Notification dated 16/08/2010 issued under Section 17(1) of the BDA Act 1976 in Writ Petition Nos.21920 to 21922/2011. The above writ petitions were allowed in entirety by the Hon’ble High Court of Karnataka on 8/9/2011 by quashing the notifications in its entirety pertaining to the scheme of PRR. The relevant portion of the order is in paragraph 36 at page 32 of the order dated 8/9/2011 and is reproduced below.
“Therefore, these writ petitions are
allowed. All the notifications in its
entirety pertaining to the scheme of
‘peripheral ring road’ are hereby quashed by issue of a writ of certiorari. Rule made absolute””.
While allowing the writ petitions, the Hon’ble High court of Karnataka had ordered for a detailed scrutiny and investigation by the competent investigating agency with regard to the 6 implementation of the project by increasing large amount of public funds. A direction had been given to send a copy of this order to Lokayukta.
16. The final order dated 8/9/2011 passed by the Hon’ble High Court of Karnataka in Writ Petition Nos. 21920 to 21922 of 2011 was called in question by BDA before the Division Bench by the Hon’ble High Court of Karnataka in Writ Appeal No.17005 to 17007/2011. These Writ Appeals were partly allowed by the Division Bench upholding the quashing by the three writ petitions only in so far as Smt.A.Gowramma and two others only. The acquisition in respect of the remaining land has been upheld by the Division Bench. In so far as the directions issued by the learned Single Judge for a detailed scrutiny and investigation by the competent authority and a copy of the final order to be sent to Karnataka Lokayukta is upheld by the Division Bench in paragraph No.16 and 17 of the final orders passed by the Division Bench on 15/7/2013. The relevant extract of the orders produced as under:
“Our view is also supported by the
submission made by B.V.Shankaranarayana
Rao, learned counsel since the Government has decided to reduce the width of the Peripheral Ring Road from 100 mts to 70 mts, the remaining 30 meters wide through out the area of 120 kms. of Peripheral Ring Road will be in the command of BDA. When they have 30 meters at their command, there is no reason for the BDA to acquire additional lands under the guise of 7 construction of Toll plaza. Therefore, we are of the view that even though Court cannot interfere with the preliminary notification of acquisition proceedings, still in the background of the present case, we are of the view that the Court can interfere with the acquisition proceedings. In addition to that as stated supra, there is no guarantee that the BDA would implement the scheme of formation of Peripheral Ring Road. For eight years it has not shown any progress. Indeed the area has now reduced from 100 meters to 70 meters. As stated earlier, as 30% of the acquired area is in command of the BDA, they can very well construct any other utilities or toll plaza. Therefore we are of the view that the learned Single Judge has not committed any error in quashing the notification pertaining to the writ petitioners.
So far as the direction issued by the learned Single Judge directing the Registry to forward a copy of his order to Karnataka Lokayuktha for holding an enquiry at its level in the case of expenditure insofar as the scheme is concerned and that it should be satisfied about the bonafide meaning incurring expenditure is concerned, we decline to interfere with the same considering the background of this project. Accordingly writ appeal is allowed in 8 part”.
17. Against the said final order passed by the Division Bench, BDA had approached the Hon’ble Supreme Court. The Special Leave Petitions filed in Nos.9800 to 9802/2014 were dismissed by the Hon’ble Supreme Court on 26/10/2015 without granting the leave but has given liberty to go for the acquisition once the ring road project is completed. The relevant portion of the Hon’ble Supreme Court passed on 15/7/2013 in the above two SLPs are as follows:
“Heard learned counsel for the
petitioners and perused the relevant
material.
Exemption from filing O.T. is granted. Permission to file additional documents is granted.
We do not find any merit in the present special leave petitions. That apart, the High Court has in para 15(page No.16) has granted liberty to the petitioner to go for acquisition once the project i.e. ring road project is completed.
In view of the above, the present Special Leave Petitions are not entertained any further and are disposed of accordingly””.
18. In order to fund the PRR Scheme, the government has passed an order vide G O No.UDD 214 BAS 2018 dated 24/11/2018. The Government has made it clear that the entire PRR scheme should be implemented from 9 the full grant of the State Government and it shall be implemented through separate agency namely Bangalore PRR Development Corporation. The said company is already incorporated. An attested translated copy of the Government Order dated 24/11/2018 is produced along with this as Annexure. 5 for perusal.
19. As per the Government order UDD 214 BAS 2018, dated 24.11.2018 Government has approved to implement the PRR Project for road construction with an estimated cost of Rs.5616.41 crore. Out of which 16% of the cost Rs.901.72 crore to be borne by the State Government. Remaining 84% cost of the project Rs.4714.69 crore of loan to be availed from JICA (Japan International Cooperation Agency) in 3 stages. Government has submitted Preliminary Project Proposal Report on 02.01.2020 to Government of India, Ministry of Finance, Department of Economic Affairs through Finance Department, GoK for loan assistance of JICA. The Central Government has approved the proposal in the list of projects eligible for loan and according to that Rs.4714.69 crore which is 84% of the total construction cost of Rs.5616.41 crore has been approved for loan.
20. In Writ Petition No.4550/2008 and connected cases Hon’ble High Court of Karnataka has held as follows:
“Therefore, the further proceedings not having been taken would not attract the rigour of Section 24 of the 2013 Act. However, the procedure that would now regulate the acquisition proceedings are 10 the provisions of the 2013 Act, in so far as they are applicable. This would include the determination of compensation in accordance with that Act, as no Award is passed in the present proceedings”.
21. In the light of this order of the Hon’ble High Court of Karnataka dated 22/7/2014, BDA had written to the Government seeking clarification with regard to the determination of the compensation. The State Government of Karnataka has issued Government Order dated 3/10/2019 in No.UDD 214 BemAaSe 2018 with a direction to provide either cash or TDR as land compensation after calculating compensation under THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUSITION, REHABILITATION AND RESETTLEMENT ACT, 2013 as per the direction of the Hon’ble High Court of Karnataka. A translated copy of the Government order dated 3/10/2019 is furnished as Annexure 6 for kind reference.
22. The total extent of land covered under the Final Notification required for PRR-1 project is 2567 acres 22.5 guntas which is inclusive of the extent of 1810 acres 18.5 guntas under the Final Notification dated 29/06/2007 and 167 acres 30 guntas in Preliminary Notification dated 16/08/2010 for Missing Link, Toll Plaza and proposed additional extent of 589 acres 13.76 guntas for public notifying afresh for the purpose of missing link alternate alignment near Sheegehalli Village and integration with NICE road, clover leaf grade separators, Toll Plaza and Petronet line re-alignment.” 11 (9) It is clear from the above that PRR was proposed as early as on 27.11.2006 by the BDA and no progress has been made except notifying the lands for acquisition. It appears that possession of only 3 acres 21 guntas of land has been taken so far.
(10) In paragraph ‘18’ of the Status Report, it is stated that in the Notification dated 24.11.2018 the entire PRR Scheme should be implemented from the full grant of the State Government and it shall be implemented through separate agency, namely, Bangalore PRR Development Corporation/Authority.
(11) Paragraph ‘22’ of the Status Report indicates the details of the lands notified and additional lands required for the purpose of missing link alternate alignment and integration with NICE road, clover leaf grade separators, Toll Plaza and Petronet line re-alignment.
(12) In view of above, the BDA is directed to takes steps to notify for acquisition of additional extent of lands of 589 acres 13.76 guntas for the aforesaid purpose. The proposal in this regard shall be sent to the State Government as early as possible.
(13) Simultaneously, BDA may start passing the awards and taking possession of the lands notified for PRR. The State Government is directed to deliver possession of the 12 Government lands notified for the purpose of PRR to the BDA.
(14) BDA is also directed to move the Karnataka Pollution Control Board to conduct fresh environmental public hearing and inform this Court the latest position regarding environmental clearance for PRR, in the next Status Report.
(15) The State Government is directed to file an affidavit clarifying its stand, in relation to Peripheral Ring Road, within a period of two weeks from today.
(16) The next Status/Compliance Report shall be filed by the BDA within two weeks from today.
(17) List the matter after two weeks.
(NEELAM GULATI) (ANITA MALHOTRA) (ANITA RANI AHUJA) AR-CUM-PS COURT MASTER ASSISTANT REGISTRAR 13