HC tells BDA to return land to housing society

The high court, on Friday, directed the Bangalore Development Authority (BDA) to return 244,200 sq ft land in Kempapura village to the Coffee Employees Co-operative Housing Society Limited in six months.

In six months, the layout shall pay the Bruhat Bangalore Mahanagara Palike (BBMP) the amount it had spent for setting up the park in 219,780 sq ft area, the court said. The housing society, the petitioners, had sought relief from the BDA which had handed over a portion of 219,780 sq ft land to the BBMP for maintaining a park in the revised plan 2015 through a letter on March 3, 2009. The BBMP set up a park there by spending a lot.

The petitioners contended that they were the absolute owners of the 244,200 sq ft land in Kempapura village under Yelahanka hobli. They said when they had approached the BDA for approval of the layout plan for 55 acres 19 guntas at Kempapura, the authority approved it. The society was entitled to utilise 50% area of the layout for residential purposes and the remaining civic amenity space will be utilised for construction of a park and a road. However, the society was asked to forsake a portion of the land which the BDA claimed was meant for the Peripheral Ring Road. This way, the area reserved for residential purpose of the housing society was reduced from 50% to 46%.

In the layout plan, the petitioners were shown Peripheral Ring Road as 110x 220ft. They contended that the BDA was entitled only to areas reserved for civic amenity sites like parks.

BDA had handed over the entire layout of the petitioners along with adjoining areas to the then Byatarayanapura city municipal corporation in 2001.

On January 16, 2007, the entire area was merged with the BBMP. The BDA, on March 3, 2009, handed over the 2,19,780 sq ft land reserved for the park to the BBMP. The residents of the area are now using the park.

The bench observed that the BDA is holding 2,44,200 sq ft land belonging to the society without acquiring the same by paying compensation or without the same being vested under any statute provisions.