BANGALORE DEVELOPMENT AUTHORITY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) I.A.No.147134 of 2021 A peripheral ring road (for short, 'PRR') encircling Bangalore City for the length of 116 Kms. was proposed vide Letter dated 27.11.2006 by the Bangalore Development Authority ('BDA' for short) to the State Government. The scheme was sanctioned by the Government of Karnataka vide UDD 399 MNX 2006 Bangalore dated 23.04.2007. This PRR is to provide connectivity to various destinations in all the directions for onward traffic without entering the city of Bangalore and thus minimising the congestion on the outer ring road as well as on the internal roads of the city. The affidavit filed by the Additional Chief Secretary before this Court dated 09.11.2021 highlights the importance of construction of PRR as under:

(2.) At the outset it is submitted that the Bengaluru City needs the Peripheral Ring Road (PRR) more than ever in view of the phenomenal growth of the city in all directions. The geographical extent of the city has grown to 2196 sq. kms. The vehicle count as of 2019 was over 80 lakhs. Bengaluru being the capital city, thousands of vehicles come in every day from various parts of the state as well as outside the state. There is enormous pressure on city roads and public transport system is overstressed. The PRR will greatly reduce the stress and congestion in the city roads. The Government is very keen to facilitate the early execution of the PRR." 2. Notifications, both preliminary and final, have been issued by the BDA for acquisition of the lands for the PRR and several writ petitions were filed before the High Court of Karnataka challenging these notifications. One such writ petition was W.P.No.4550 of 2008 (Sri Sudhakar Hegde and others vs. the State of Karnataka and others). Several other similar matters were clubbed along with the said writ petition. Learned Single Judge of the Karnataka High Court decided these matters on 22.07.2014. The questions formulated in the said cases were as under:

(3.) On the first question, learned Single Judge held that the provisions of the Land Acquisition Act, 1894 (for short, 'LA Act') that are made applicable to the BDA, are in the nature of legislation by reference. It was further held that in view of the repeal of the LA Act by coming into force of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, '2013 Act') during the pendency of the writ petitions, it would be the corresponding provisions under the 2013 Act in so far as they are applicable which would regulate the acquisition proceedings. Learned Judge further held that the repeal of LA Act and coming into force of 2013 Act would not frustrate further proceedings under the Bangalore Development Authority Act (for short 'the BDA Act').