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Supreme Court Opens a Pandora's Box in BDA Approved Private Layouts


Supreme Court Opens a Pandora's Box in BDA Approved Private Layouts

Last updated: March 9 2012
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  • Supreme Court Opens a Pandora's Box in BDA Approved Private Layouts

    Supreme Court verdicts land house owners in a quandary

    by Sandeep Moudgal, Bangalore, March 7 2012, Deccan Herald:

    The back-to-back Supreme Court (SC) judgements, directing the Bangalore City Co-operative Housing Society (BCCHS) and the Vyalikaval House Building Co-operative Society (VHBCS) to hand over land back to owners, have got members who have built houses in the housing society layouts worried. While in the BCCHS case, the SC suggested remedial measures, it has not done so in the VHBCS case.

    In the case of BCCHS, the SC noted certain members may have built their homes on sites allotted to them. So, it chose to let market forces decide the fate of the site owners.

    In its judgement, the court said: “We give liberty to the appellant to negotiate with the respondents for purchase of their land at the prevailing market price and hope that the landowners will, notwithstanding the judgments of the High Court and this Court, agree to accept the market price so that those who have built the houses may not suffer.”

    The court, in its order, favoured land owners in the case of B Anjanappa and others Vs VHBCS and others, within a week of deciding the BCCHS case, without explaining any remedial measures for the site owners. This has created uncertainty among the owners of houses in the VHBCS Layout.

    The apex court has not spoken anything about houses built on the disputed land. VHBCS members, expressing concern, said the Apex Court decision may have far reaching implications as this may set a precedent for other land owners who have not filed cases to get back possession of their land acquired by the State Government between 1984 and 1986.

    Applicable to all

    In its judgement in the VHBCS case, the SC said: “This direction shall apply not only to the appellants but also to other landowners who may not have filed writ appeals or special leave petitions, may be due to poverty, illiteracy or ignorance.”

    “What if I am also asked to give back my site? Can I afford to do so at my age after spending my life’s savings on the property,” asked Manorama, who has been residing for the past four years in a house on site number 630 at Nagavara Layout.

    It is disputed that the SC has directed VHBCS to return 65.33 acres of land, while considering the premise of its decision, the HC order that spoke only about 52 acres and 17 guntas. Members are now in a fix over which survey numbers comprise the rest of the 14 acres of land which has been returned to the landowners.

    “We have received indications that the sites next to mine and beyond have been asked by the SC to be returned back to the land owners. But we are awaiting the judgement copy to verify if our land is also included,” said P Vidya, another member of VHBCS who owns a site in the layout.

    With the two orders, the SC appears to have opened a Pandora’s box over the return of land by various housing societies across the City to the actual land owners. One has to wait and see whether these judgements will help or hamper the future of Bangaloreans who have built their houses on sites allotted by housing societies?
    Last edited March 9 2012, 12:12 PM.
  • #2


    Re : Supreme Court Opens a Pandora's Box in BDA Approved Private Layouts

    The above news is only related to private layouts formed by House Building Co-operative Societies. BDA used to acquire (read "sieze") private lands of poor farmers and hand them over to Private parties to form Layouts to distribute to Members of the Housing Society, in a totally corrupt, non-transparent manner, during the 80s, 90s and in those decades. They are the so-called BDA Approved Private Layouts that can be found all over Bangalore even today. Hence, now, this Supreme Court verdict to bring justice to poor farmers & their families who had lost their lands then. If you or your family members own any property in any House Building Co-operative Society anywhere in Bangalore, you could be in trouble.


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