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Land owner not entitled for 100% area as compensation: Karnataka HC

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19th October, 2019 18:00 IST
BENGALURU: When the BDA itself is able to sell only 55% of the land it acquires, it is incongruous to hold that a land loser is entitled for developed sites equivalent to 100% of the area lost by him as compensation, the Karnataka high court has said.

The court made the observation while turning down the contention of a landowner from Doddabommasandra village in Bengaluru East taluk that he was entitled for 100% developed sites in lieu of his one acres and five guntas of his land the BDA had acquired in 1996 for the formation of an Outer Ring Road stretch in Banasawadi.

Land owner Manohar Reddy cited several instances where higher monetary compensation or alternative sites were allotted based on court orders.

In October 2017, a single bench allowed his plea and directed the BDA to allot him an extent of land equal in size (1acres 5 guntas) and potentiality. If alternative land is not available, the BDA was told to give compensation to Manohar Reddy by acquiring the land in terms of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

However, the BDA challenged this verdict. It contended that 45% of land is utilized for civic amenities like parks and roads leaving only 55% if the land to be sold as plots.

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Senior advocate G S Kannur, appearing for BDA, informed the court that five sites of 60ft x 40ft dimension have been allotted to Manohar Reddy and the guidance value of these sites works out to Rs 7.82 cr in 2017-18 as against the acquired lands which were worth Rs 5.51 cr.

The court was further told that in one acre of acquired land (43,560 sft), BDA can only form 6 sites of 50ftx80ft dimension or 10 sites of 60ftx40ft dimension or 20 sites of 30ftx40ft dimension and Rs 60 lakh has to be spent for roads and parks and another Rs 60 lakh as deposits and other expenditure with Bescom and BWSSB.
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