Belagavi City Corporation to return land taken for road construction rather than pay compensation

Social worker Sujit Mulgund has alleged that the BCC and Belagavi Smart City Limited had succumbed to pressure by some MLAs and made this mistake. “All the land was taken away when there was no elected body in the BCC. A temporary body of all local legislators was constituted to provide quick appraisals. This body took a controversial decision without regard to established rules,” Mr Mulgund alleged.

Belagavi City Corporation has decided to return the land that was taken over for constructing a road, but without due process of acquisition, rather than pay over ₹28 crore as compensation to the owners of the land.

“Civic officers told the High Court of Karnataka in Dharwad recently that they prefer returning the land rather than pay compensation. An affidavit will be submitted in the court soon,” an officer told The Hindu.

The case relates to the alleged encroachment of land belonging to Balasaheb Patil, who lost around 50 guntas in Belagavi, which he claimed was worth around ₹18 crore. The petitioner claimed that the BCC had taken over his land without his consent and did not pay any compensation. The Belagavi Smart City Limited (BSCL) had taken up road widening work on the land without the consent of the land owner, he claimed.

Mr Patil had requested the BCC and BSCL for compensation, but in vain. He later approached the court that awarded compensation. But when the compensation was delayed, he filed a contempt petition. The road that connects the Bank of India Circle to the old Poona-Bangalore road, has a length of around 560 metres. The court had ordered the BCC to pay compensation of ₹20 crore. Subsequent petitions were filed alleging contempt after the BCC delayed payments.

However, this was not the only case. There are at least six other cases in which land losers have approached the court accusing the BCC of taking over their properties. They have alleged that their property was taken away for widening the road, or other construction, without due process or compensation. Some have alleged that the BCC and BSCL officers demolished their properties illegally.

The BCC may still have to pay some compensation and damages to property owners who have suffered damage or delay, said Dinesh Kulkarni, advocate for some of the petitioners. There are several layers to this. First, the BCC will have to file an affidavit detailing how it will return the land. “We have to see whether the High Court accepts that. Even if the lands are returned, the BCC may have to compensate property owners for damage or delay,” Mr Kulkarni said. He said that the decision in this case will have a bearing on other similar cases.

In a special general body meeting held recently, BCC had resolved to make the payment. However, district in-charge minister Satish Jarkiholi, other ministers and legislators had disagreed with the decision.