Karnataka High Court dismisses property claim over Bangalore Development Authority land after 53 yrs

Time of India

2 days ago

Bengaluru: The Karnataka High Court has dismissed a petition by a Bengaluru resident who sought to challenge a property acquisition made by the Bangalore Development Authority (BDA) more than five decades ago.
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Venu, the petitioner, approached the court contesting BDA's rights over a property in Thippasandra, which was part of a land acquisition process initiated under the City of Bangalore Improvement Act-1945. The preliminary notification for acquisition was issued on Sept 22, 1970, followed by the final notification on July 15, 1971.
Venu, who claimed he had purchased the property on Oct 4, 1995 — 25 years after the acquisition — approached the court on Sept 29, 2023, after BDA listed the site for e-auction as part of HAL 3rd Stage layout on Sept 16, 2023.
He argued that he had possession of the 1,950 sqft site since 1995, had utilities and khata in his name, and claimed that BDA had never acquired the property.
BDA countered that the petitioner had no valid title and pointed to the extensive delay in raising objections. The authority argued that subsequent purchasers cannot challenge acquisition proceedings long after the process is completed.
Justice M Nagaprasanna, after reviewing the case, ruled that the petitioner failed to prove ownership or show that landowner Kenchamma had legally sold the site to him.
The judge also relied on the Supreme Court rulings that bar subsequent purchasers from contesting land acquisition under the Land Acquisition Act-1894, stating that such purchases are done at the buyer's risk.
"There is no need to examine beyond the timeline of events. The petitioner's claim collapses for lack of valid title and the inordinate delay of 53 years," the court observed. The petition was dismissed, leaving the BDA free to proceed with the auction of the site.