In a recent ruling, the Karnataka High Court directed the Belagavi Urban Development Authority (BUDA) to restore possession of 33 guntas of land in Kuvempu Nagar, Belagavi, to the original owners. The land, part of Survey Nos. 2/2A/2, 2/2A/3, and 2/2A/4 in Hindalaga, totals 81½ guntas, 8¼ guntas, and 14½ guntas, respectively.
BUDA sold these 13 plots to others in an auction out of which 5 have constructed houses on the same and others still havent done any construction.
The petitioners, represented by Rajendra Desai (GPA Smt. Manutai), had initially requested the formation of a layout, which BUDA permitted on October 16, 1992. Following these approvals, BUDA collected a sum of Rs. 1,78,000/- and a layout was formed over an extent of 33 guntas. Subsequently, 11 guntas of this land were sold to various buyers.
The court’s judgment highlights that the BUDA and the State Government had unlawfully dispossessed the petitioners from the 33 guntas of land on February 20, 2004, without providing any compensation. Evidence presented by the petitioners, including government permissions, sanctioned layout plans, and official correspondence, established that the petitioners maintained possession and enjoyment of the land, contrary to the State’s claims. Building existing on the said piece of land was demolished and the news of the same had then appeared on all news papers.
The court also noted inconsistencies and alterations in the revenue records, which raised doubts about their authenticity. Due to the lack of supporting evidence, the court rejected the BUDA’s contention that they had taken possession of the land from Rajendra Desai (GPA Smt. Manutai), thereby ordering the restoration of the property to its rightful owners.
However, if BUDA is unable to reinstate possession of 22 +11 guntas of land to the petitioners, the High Court has ordered that BUDA must compensate the petitioners. This compensation should be provided under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. BUDA has been given a three-month timeframe from the receipt of the court order to take the necessary steps to either restore possession or provide compensation.