Reported by
Legal Review by
Edited by
Updated by
Published on
July 20, 2023
July 31, 2023
Edited on
July 20, 2023
Land Area Affected (in Hectares)
Starting Year
Yelahanka Hobli
Yeshwanthapura, Hessarghatta Hobli, Somashettihalli; Lakshmipura, Ganigarahalli, Byalakere, Kalathammanahalli, Guniagrahara, Kempapura, Mediagrahara, Avalahalli, Vaderahalli, Ramagondanahalli, Kempanahalli, Veerasagara, Doddabettahalli, Harohalli, Shyamarajapura, Jarakabande Kaval
Bengaluru Urban
Township/Real Estate
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.
Complaint against procedural violations
Demand for more compensation than promised
Demand for promised compensation
Opposition against environmental degradation
Urban and Rural
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
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?
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)
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?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
Yes
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Non-consultation with stakeholders
Controversial land acquisition by the government
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
National Green Tribunal, Supreme Court (disposed)
Case Number
Civil Appeal no. 76617663/2018;
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Other harassment
Financial harassment
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
On February 24, the BDA arrived at villages designated to be part of the Shivaram Karanth Layout. They began clearing agricultural fields, grazing lands and orchards in order to take physical possession and begin work. Residents objected to the BDA officials' actions. The BDA then filed an FIR against some of the residents alleging intimidation and obstruction of government duty. The police arrested them, charged them under five sections including unlawful assembly, wrongful restraint and assault on government officer obstructing duty. They received bail on the 28th of February; one of the bail conditions was that they would refrain from any protest for one year. Later farmers were forced to sign undertakings and bonds of at least 1lakh, to deter them from protesting or entering their land, with the threat of being charged with nonbailable cases in case of default.
Date of Violation
February 23, 2023
Location of Violation
Survey no 6, Shamarajapura village, Yelahanka Hobli
Nature of Protest
Protests/marches
Complaints/petitions/letters/memorandums to officials
Media-based activism/alternative media
Government Departments Involved in the Conflict:
Bangalore Development Authority
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
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
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?
Were there any other notable irregularities that took place, or other significant details?
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