Karnataka HC dismisses plea to exempt nursery acquired for Bengaluru's Shivaram Karanth Layout

Bengaluru: The Karnataka High Court has ruled that relying on a 1987 government order exempting nursery lands from acquisition must end immediately.

A division bench of Justice Krishna S Dixit and Justice M Nagaprasanna dismissed a petitioner's claim that his nursery land should be exempted from acquisition for the Shivaram Karanth Layout in Bengaluru. The court granted the petitioner the right to seek compensation or any other form of relief from the state government or the Bangalore Development Authority (BDA).

The petitioner, B Satyanarayanachar, who owns one acre in Kempanahalli Village, Yelahanka hobli, Bengaluru North taluk, challenged the acquisition of his land, where he operates Shree Govardhana Nursery Farm. He argued that, under the 1987 order, his land should be exempt from acquisition. He also appealed to the Justice AV Chandrashekar Committee, appointed by the Supreme Court.

However, the court noted that while several similar claims were made before the committee, only two nurseries were granted exemption. In the petitioner's case, the committee found the land vacant and did not recommend exemption.

The bench observed that the 1987 order, issued in response to a petition from the Nurserymen Cooperative Society Limited at Lalbagh, was case-specific. Yet, it has since been used widely to seek exemptions from land acquisition.

Reviewing records from the BDA and Google Earth images, the bench found that the land in question had remained vacant from 2008 to 2021 and lacked registration with the Horticulture Department.

"If statute is what governs the acquisition of land of citizens by exercise of sovereign power of eminent domain, the government order cannot override the sovereign power of eminent domain or the rigour of the statute," the bench said.

The court further added that, going forward, if acquisition authorities intend to exempt nursery lands, they must establish a regulatory framework for nursery recognition. It advised the state to take appropriate steps in this regard.