Land frozen for 17 years, Karnataka high court axes BMICP acquisition | Bengaluru News
Bengaluru: The Karnataka high court has quashed the acquisition of one acre of land in south Bengaluru that was notified for the Bangalore–Mysore Infrastructure Corridor Project (BMICP), citing an unexplained delay of over 17 years in passing the award.Justice KS Hemalekha allowed the petition filed by landowner Rathna Reddy S, who had challenged the acquisition proceedings initiated under Sections 28(1) and 28(4) of the Karnataka Industrial Areas Development Act-1966. The land in question is located at Thalaghattapura village in Uttarahalli Hobli of Bengaluru South taluk.A preliminary notification for the acquisition was issued on June 14, 2006, followed by the final notification on Oct 16, 2008. However, even after 17 years, the acquiring authority had neither passed the award nor taken possession of the land, the court noted.The judge also referred to an endorsement dated June 5, 2025, issued by the Bangalore–Mysore Infrastructure Corridor Area Planning Office, which stated that no ramp, interchange, link alignment, or any other BMICP-related facility existed on or was proposed for the petitioner’s land.Justice Hemalekha observed that in a contempt petition before the Supreme Court, the state govt had informed the top court that 554 acres of excess land had already been handed over to the project concessionaire, Nandi Infrastructure Corridor Enterprise Limited (NICEL), and that no additional land would be transferred.On the other hand, the govt, the Karnataka Industrial Areas Development Board (KIADB), and others sought dismissal of the petition on grounds of delay and laches, noting the petitioner approached the high court 19 years after the preliminary notification and 17 years after the final notification. They submitted that acquisition proceedings were already upheld by the high court and attained finality.The concessionaire contended that the land was indispensable for constructing a permanent ramp connecting Kanakapura Road (NH-209) to the BMICP peripheral road and that a temporary ramp was in place only because the petitioner had not delivered possession.Timely conclusion of proceedings vital: CourtJustice Hemalekha referred to the Supreme Court’s decision in the Kolkata Municipal Corporation case, observing that the right to restitution and fair compensation, an efficient process, and timely conclusion of proceedings are integral to Article 300A of the Constitution. She noted an unexplained dormancy of 17 years after the final notification and held that “such prolonged and unexplained dormancy destroys the legality of the acquisition.” Added to this was the categorical endorsement by the BMICP Planning Authority dated June 5, 2025, stating that the land was not required for the BMICP. The judge concluded that the absence of any subsisting public purpose and the inordinate delay in concluding statutory steps rendered the acquisition unsustainable. The earlier BMICP decision did not bar the present challenge, no lawful possession was taken, and the impugned notification needed to be quashed.
