Karnataka HC To Hear Petition Challenging Amendment To BDA Act On April 5

The BDA Amendment Act seeks to inter alia, legalize the illegal occupation and construction on lands owned by the Bengaluru Development Authority. A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty was informed that the state government has not filed its statement of objections to the petition. To which the court orally said "One more instance of Covid-legislation. Ultimately the state will have to defend it. Amendment is by the state government.  So it will have to respond."

During the hearing the bench pointed to few provisions and raised its objection. It said "One provision goes to the extent of saying that even land if acquired and not needed can be given back to the owner."

Senior Advocate Harish Narasappa appearing for the petitioner submitted "Not only that even if someone is in unauthorized occupation even he can be given. That is the egregious portion of the amendment. "While the party in person K B Vijayakumar submitted that "Even occupier of the property can apply for regularization." However, the state government advocate informed the court that safeguards are put in place.

 The petition filed by Vijayan Menon states that "The BDA Amendment Act, like the Akrama Sakrama Scheme, is prima facie violative of Articles 14, 21 and 243ZE of the Constitution of India and is also contrary to the existing provisions of the Bengaluru Development Authority Act, 1976."

"The implementation of the BDA Amendment Act would render infructuous the current challenge to the Akrama Sakrama Scheme. The BDA Amendment Act detrimentally affects the residents of Bengaluru as the said Amendment Act incentivises land grabbers to illegally occupy government lands as the said illegal occupation would later on be legalized and regularized as a result of the said Amendment Act. The KTCP Amendment Act seeks to allow an increase in the floor area ratio for buildings by mere payment of premium charges to the Government."

It is further said that "The BDA Amendment Act, prospectively penalizes jurisdictional officers for their failure to prevent unauthorised constructions/occupations on BDA land from the date of the commencement of the BDA Amendment Act. In effect, the same amounts to excusing the jurisdictional officers for failure to prevent the unauthorized constructions/occupations on BDA lands prior to the date of the commencement of the BDA Amendment Act."

It is also claimed that The BDA Amendment Act has been enacted without due public consultation and the BDA Amendment Act has been enacted without having been brought to the notice of the Bangalore Metropolitan Planning BMPC which is a constitutional body set up under Section 503-B of the Karnataka Municipal Corporation Act, 1976 in accordance with Article 243ZE of the Constitution of India.

The plea says that if urgent interim reliefs and / or measures are not passed, it would result in irreversible damage to the urban landscape of the Bengaluru Metropolitan Area as several unauthorised constructions will be rendered legal.

The petition prays for a declaration that the BDA Amendment Act, the KTCP Amendment Act and the KTCP Amended Rules Notification as violative of Articles 14, 21 and 243ZE of the Constitution of India