Karnataka
Yeshwanthapura, Hessarghatta Hobli, Somashettihalli; Lakshmipura, Ganigarahalli, Byalakere, Kalathammanahalli, Guniagrahara, Kempapura, Mediagrahara, Avalahalli, Vaderahalli, Ramagondanahalli, Kempanahalli, Veerasagara, Doddabettahalli, Harohalli, Shyamarajapura, Jarakabande Kaval
,
Yelahanka Hobli
,
Bengaluru Urban
Published :
Jul 2023
|
Updated :
Bangalore Development Authority razes crops of farmers for a real-estate project despite protests
Reported by
Bhanu Shridharan
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
1850
Households affected
People affected
2008
Year started
1399
Land area affected
1850
Households affected
People Affected
2008
Year started
1399
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
1
Summary

In February 2023, the Bangalore Development Authority destroyed crops using a bulldozer across 17 villages for a real estate project, despite protests from the farmers who farmed those lands.

This real estate project is called Shivaram Karanth Layout – it has been at the heart of a conflict that has persisted for 15 years. In 2008, the Bangalore Development Authority, the planning agency for Bengaluru city, devised a new residential layout, north of the city. Shivaram Karanth Layout was to be a planned residential project built across 3,546 acres. In 2008, BDA issued a notification for the acquisition of 3,546 acres from 17 villages in north Bengaluru under the BDA Act, 1976.

The notification was met with widespread opposition primarily because the compensation was considered inadequate by the affected land owners. The agency received at least 12,000 objections against the project.

Between 2008 and 2014, state governments led by both BJP and Congress asked the BDA to drop nearly 400 acres of land, allegedly belonging to influential persons, from their acquisition plans.

Widespread protests and multiple legal petitions eventually led the Karnataka High Court to cancel the 2008 notification, halting the project in 2015. The BDA appealed to the Supreme Court and in 2018, a two person SC bench restored the original 2008 notification. The SC also dismissed petitions objecting to the BDA’s compensation package made as per the Land Acquisition Act, 1894 (LAC).

Land losers wanted compensation as per the Land Acquisition Act of 2013 or LARR Act. As it would allow them to get compensation and rehabilitation after being displaced, explained Nidhi Hanji, a lawyer with the Environment Support Group (ESG), an NGO that was assisting affected people in the region. Under LARR, landless communities could also be compensated for loss of common lands for grazing and landowners for crop loss. However, the SC bench ruled that that LAC was written into the BDA Act and therefore only that act could apply for BDA related land acquisition.

Farmers losing their lands continued to protest both the acquisition itself and the compensation package under the LAC. Vasanth, an affected farmer from Veerasagara village set to lose about 4 acres, said that the protestors had been writing to BDA, the then Chief Minister Basavaraj Bommai of the BJP led government, the local MLA from BJP, SR Vishwanath who is also the chairman of the BDA, and the current chief minister Siddharamaiah heading the recently formed Congress government in May 2023.

Following this ruling, BDA has slowly begun the process of clearing notified lands and acquiring them. In December 2022, the agency conducted an inauguration ceremony of the layout and in February 2023, they began razing crop fields and plantations in the area. Ramesh, a member of the Dalit Sangharsh Samiti (DSS), Mavalipura, said that the BDA razed food crops, fodder and fruit plantations that were ready to be harvested. “Essentially, our entire livelihood for the year was destroyed by them,” he said.

Nidhi, from ESG, pointed out that the agency had indulged in several procedural violations. BDA had not given the farmers enough notice about the process of eviction and demolition. The agency had also not yet paid farmers the compensation that was due to them as per the SC ruling. “You have to first pay compensation and then take away their lands", she pointed out.

Protests at the time also led to arrest of nine including Vasanth and Ramesh M. They were given bail under the condition that they would not protest for a year, said Ramesh, from DSS. Currently, farmers have lost most of their crops and income for the year. Around 3000 cattle in the area are without fodder as well, Vasanth explained. “We asked BDA and the state government to support us with fodder at least, but there has been no response,” he said.

The affected farmers have requested CM Bommai of the previous government to pass an ordinance changing BDA act to include the LARR act. Vasanth said they intend to request the same from the current government. They, along with ESG, have also filed a petition at the NGT challenging the environmental clearance given to the BDA for the layout.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for more compensation than promised

Demand for promised compensation

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Urban and Rural

Type of Land

Common and Private

Non-Forest (Grazing Land)

What was the action taken by the police?

Arrest

How many people did the police detain or arrest?

9

What is the current status of the detained/accused persons?

Out on bail

Did the person face any violence while in police custody?

No

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Yes, they were produced within 24 hours

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Indian Penal Code

143, 353, 504, 506

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

No

In cases where the accused person approached the court for bail, was bail granted?

Yes

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Bail was set at INR 50000 per accused. Conditions include presenting themselves at the start and end of each month to the nearest police station. And not participating in any protest for one year.

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Same as primary source

Status of Project

Project underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Agricultural land, Grazing, Residential area, Water bodies

Whether the project was stalled due to land conflict

Source/Reference

https://timesofindia.indiatimes.com/city/bengaluru/sc-revives-shivaram-karanth-layout-project-bda-to-acquire-land/articleshow/65284408.cms

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Bangalore Development Authority

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Dalit Sangarsh Samithi, Mavallipura

5
Information on the use of criminal law

What was the action taken by the police?

Arrest

How many people did the police detain or arrest?

9

What is the current status of the detained/accused persons?

Out on bail

Did the person face any violence while in police custody?

No

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Yes, they were produced within 24 hours

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Indian Penal Code

143, 353, 504, 506

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

No

In cases where the accused person approached the court for bail, was bail granted?

Yes

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Bail was set at INR 50000 per accused. Conditions include presenting themselves at the start and end of each month to the nearest police station. And not participating in any protest for one year.

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Bhanu Sridharan

Bhanu is a journalist based in Bengaluru. She has primarily reported on the environment including issues surrounding biodiversity and access to nature and has been published in Citizen Matters, Mongabay India, Wire and the Caravan. She currently focuses on urban issues, including how a rapidly expanding Bengaluru impacts natural resources and people around the city.

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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for more compensation than promised

Demand for promised compensation

Opposition against environmental degradation

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Yes, they were produced within 24 hours

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

No

In cases where the accused person approached the court for bail, was bail granted?

Yes

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Bail was set at INR 50000 per accused. Conditions include presenting themselves at the start and end of each month to the nearest police station. And not participating in any protest for one year.

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Project underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Agricultural land, Grazing, Residential area, Water bodies

Whether the project was stalled due to land conflict

Source/Reference

https://timesofindia.indiatimes.com/city/bengaluru/sc-revives-shivaram-karanth-layout-project-bda-to-acquire-land/articleshow/65284408.cms

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THE LCW COMMUNITY
Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


Support our work.
Sign Up Today
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