Realtors using delay in site allotment
Due to steep escalation in land value in and around Bengaluru, denotification of land by the government, delay in allotment of sites by BDA to applicants is leading to unnecessary litigation by real estate agents who use the original landowners to create disputes. This is creating uncertainty in the minds of people who have invested their life’s savings in constructing houses in the sites allotted by BDA, the Karnataka High Court said on Thursday.
Justice B V Nagarathna made the observation while dismissing a batch of three petitions challenging the preliminary notification of September 19, 1977 for acquisition of about 7 acres on Survey No.172/2A for the ‘Byrasandra Tavarekere Madiwala (BTM) Scheme’. The judge also imposed cost of `25,000 on each of the petitioners and directed them to pay it to BDA.
“It appears that there are backstage actors who may have been treating these petitioners as puppets for their unlawful gain and selfish ends… In all this rigmarole there would be certain third parties seeking to encash on the uncertainty and enrich themselves illegally and unjustly. Petitioners have no right to assail the allotment of sites on the land in question to various persons”, the judge said.
The judge explained that a recent trend in litigation with regard to land acquired in and around Bengaluru, is to initiate repeated proceedings before different courts challenging acquisition proceedings. Petitioners seek a declaration that the parcels of land have not been acquired by BDA and a consequential decree for permanent injunction in an attempt to seek a favourable order before at least one forum.
‘Courts, be cautions’
“..Challenging denotification of land and the subsequent withdrawal of such denotification is another controversial chapter in the realm of acquisition of lands in Bengaluru by BDA. When all this is mired in controversy, third parties, land sharks and those hobnobbing in real estate start interfering by taking sides with the erstwhile land owners or with BDA allottees. Such a trend, if encouraged by courts, will only lead to citizens losing faith in the authorities involved in the acquisition process. It is high time for this and the civil courts to remind themselves to make a preliminary assessment about the genuineness of such cases before entertaining them for detailed adjudication”, the judge said.
Why the Realty Mess
The high court pointed out some reasons which create an atmosphere of uncertainty leading to actors and agents settling disputes between various vested interests:
Steep rise in land value in and around Bengaluru due to an unholy nexus between various groups and stakeholders.
State government denotifying land from acquisition even after taking possession creates false hope in the minds of other erstwhile landowners (original land owners) to seek denotification or deletion of their land from acquisition on the touchstone of parity and Article 14 of the Constitution.
In certain cases, BDA, which has taken possession of land, does not allot the acquired land to the allottees in time.