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Performance
Karnataka

Report No. 3 of 2012 - Performance Audit on De-notification of land by Government and Allotment of sites by Bangalore Development Authority of Government of Karnataka

Date on which Report Tabled:
Wed 12 Dec, 2012
Date of sending the report to Government
Government Type
State
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Overview

The Bangalore Development Authority (BDA) had been set up under the BDA Act, 1976 to promote and secure the development of the Bangalore Metropolitan Area. Section 15 of the BDA Act empowers BDA to undertake  developmental schemes with the previous approval of the Government. While Section 17 of the BDA Act enables BDA to draw up a notification (preliminary notification) specifying the land proposed to be acquired for the developmental scheme, Section 19 empowers the Government to publish adeclaration (final notification) stating that land for such developmental scheme is required for public purpose. Thereafter, the acquisition of land is regulated  by the provisions in the Land Acquisition Act, 1894 (LA Act) which also  empowers the Government to withdraw acquisition proceedings of any land(to denotify the land), of which possession has not been taken.

While land measuring 34527-17 acres1 had been acquired for the formation of 54 layouts in the Bangalore Metropolitan Area, the Government withdrew the acquisition proceedings in respect of 1355-01 acres of land at different stages during January 1995 to March 2012. A Performance Audit was conducted  during February to July 2012 covering the period 2007-12 during which the Government denotified 212-39 acres of land, possession of which had been taken. The audit sample covered 40 per cent of the 126 cases of denotifications made during 2007-12. After the issue of final notification for acquisition of land under the BDA Act.

Section 11 requires the Deputy Commissioner to make an award of compensation for the land acquired after hearing objections, if any, from all the persons interested in the land.Section 16(1) empowers the Deputy Commissioner to take possession of the land after making an award under Section 11 and the land shall there upon vest absolutely in the BDA, free from all encumbrances.Section 16(2) equires the Deputy Commissioner to notify in the official Gazette the fact of such taking possession.

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