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BDA RECALLING UPPER CAST WOMAN SITE CANCELLATION ORDER & NOT RECALLING SC WOMAN UNDER WA 3364/2010 HKHC ORDER IS AN OFFENCE UNDER POA ACT

 
 
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BDA RECALLING UPPER CAST WOMAN SITE CANCELLATION ORDER & NOT RECALLING SC WOMAN UNDER WA 3364/2010 HKHC ORDER IS AN OFFENCE UNDER POA ACT
by System Administrator - Tuesday, 17 October 2017, 4:54 AM
 

By : M.S.Yatnatti Editor and Video Journalist Bengaluru :The BDA Deputy Secretry-4 despite the order of the secretary BDA in an RTI Appeal was directed to follow the high court order 0n 27-08-2016 and issue the order recalling the cancellation site of SC woman Smt Vimala and to issue sale deed to her the order was not complied :The BDA Deputy Secretry-4 is guilty of violating secretary order need to face disciplinary action under KCSR and CCA rules .

The all BDA officers must read provisions of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act as it has Stringent punishment for atrocities on SC, ST under amended Act for economic and social boycotted . It is shame for the "BDA”: as "no family” can survive on "11k a year” as per Honorable Karnataka high court WA order: PMAY EWS Limit is not exceeding 3 lakh).A non SC upper cast Smt Shakeerabi the Muslim woman as given the relief and site after recalling the order of cancellation on the basis of WA 3364/2010 dated 01-07-2013 Honorable Karnataka high court order and an SC Woman Smt Vimla was denied the same benefit and relief under same WA 3364/2010 dated 01-07-2013 Karnataka high court order amounts to economics and social boycott of SC Woman and amounts to atrocity under The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and the SC woman has every right to file atrocity case against BDA officials under Section 3(1) (ix) (x) (zc) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. "economic boycott” means-( I ) a refusal to deal with, work for hire or do business with other person; or ( ii) to deny opportunities including access to services or contractual opportunities for rendering service for consideration; or (iii) to refuse to do anything on the terms on which things would be commonly done in the ordinary course of business; or (iv) to abstain from the professional or business relations that one would maintain with other person and(eb) "social boycott” means a refusal to permit a person to render to other person or receive from him any customary service or to abstain from social relations that one would maintain with other person or to isolate him from others; Request is made to Revoke the cancellation order made in respect Smt Vimala SC/ST applicant of site allotment letter No BDA/DS-IV/667/ark-BLK-III/2005-06 DATED 30-12-2005 as BDA need to consider only the income applicant woman and not of her husband as Quoting BDA Rules, the judge in a recent order had said what is required to be considered is the income of the applicant and not that of her husband or face the atrocity case in police station.

Filing of the First Information Report (FIR) is of paramount importance as the process of justice begins with registration of an offence with the police station. The procedure for filing FIR has been given under Section 154 of Code of Criminal Procedure, 1973.  The Constitution Bench of Supreme Court of India in its judgment dated 12.11.2013, in the W.P. (Criminal) No. 68 of 2008{Lalita Kumari Vs Govt. of Uttar Pradesh and Ors.} has, inter-alia, held that, "Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation”. The offences under the PoA Act are cognizable. As such the affected person must file an First Information Report (FIR) in the Police Station of the area as per relevant provisions under Chapter II of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities){PoA} Act, 1989, as amended by the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment) Act, 2015(No. 1 of 2016). The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 has been notified to be enforced with effect from January 26, 2016. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2015 was passed by the Lok Sabha on August 4, 2015 and by the Rajya Sabha on December 21, 2015. The amendment act received President's assent on December 31, 2015.

Presently EWS (annual income not exceeding 3 lakh). PMAY was launched in June 2015. The Government envisages building affordable pucca houses with water facility, sanitation and electricity supply round-the-clock. The scheme originally was meant to cover people in the EWS (annual income not exceeding 3 lakh) and LIG (annual income not exceeding 6 lakh) sections, but now covers the mid-income group (MIG) as well. BDA should to stop exhibiting the style of functioning in a dictatorial manner either without understanding the statutory provisions, law laid down in a catena of decisions, violating rule of law or in utter ignorance of law. BDA cannot exercised powers illegally, arbitrarily and discriminately giving a go-bye to all norms, guidelines and principles required to be scrupulously followed.Quoting BDA Rules, the judge had said what is required to be considered is the income of the applicant and not that of her husband. BDA should to stop exhibiting the style of functioning in a dictatorial manner either without understanding the statutory provisions, law laid down in a catena of decisions, violating rule of law or in utter ignorance of law. Request is made to Revoke the cancellation order made in respect Smt Vimala SC/ST applicant of site allotment letter No BDA/DS-IV/667/ark-BLK-III/2005-06 DATED 30-12-205 as BDA need to consider only the income applicant woman and not of her husband as Quoting BDA Rules, the judge in a recent order had said what is required to be considered is the income of the applicant and not that of her husband.The Karnataka high court has wondered whether any family can survive on an annual income of less than Rs 11,800 -- the ceiling to apply for Bangalore Development Authority sites under the economically weaker sections (EWS) category. Observing that the government must revise the ceiling for all categories every year, the high court has said a beneficiary must not pay for government's failure. "The Rs 11,800 ceiling was fixed long ago. The same is required to be enhanced from time to time. There is a failure on the part of the government in not enhancing the income to determine (if) a person is eligible for EWS (sites) or not,” a division bench observed, dismissing a writ appeal filed by the BDA"On account of the lapse committed by the government, a person cannot be penalized. Every year, the government is bound to fix the ceiling for all the categories. When there is a failure on the part of the government to do so, the authorities cannot set aside the order of allotment three years after the same was made” the bench has observed, upholding the order of a single-judge bench. Shakeerabi, from Ilyasnagar, had applied for an EWS site with a claim that her annual income is Rs 10,000. She was allotted a 20x30ft site, and paid Rs 56,000 for it. Three years later, the BDA issued a show-cause notice, saying she had concealed the family's income. Her family's annual earnings stood at Rs 21,000, factoring her husband's income, it said. On June 8, 2007, the BDA revoked the site allotment. A single-judge bench had quashed the cancellation of the site. Quoting BDA Rules, the judge had said what is required to be considered is the income of the applicant and not that of her husband.

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 to be enforced with effect from January 26, 2016 .The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 to ensure more stringent provisions for prevention of Atrocities against Scheduled Castes and the Scheduled Tribes will be enforced with effect tomorrow i.e. January 26, 2016. Consequent upon passing of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2015 by the Lok Sabha on August 04,2015 and Rajya Sabha on December 21, 2015, to make amendments in the Principal Act, namely, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) {PoA} Act, 1989, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, as assented by the President on December 31, 2015, was notified in the Gazette of India Extraordinary on January 01, 2016. After framing the rules for enactment, now it will be enforced by the Central Government with effect from January 26, 2016.

The key features of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, are: •New offences of atrocities like tonsuring of head, moustache, or similar acts which are derogatory to the dignity of members of Scheduled Castes and Scheduled Tribes, garlanding with chappals, denying access to irrigation facilities or forest rights , dispose or carry human or animal carcasses, or to dig graves, using or permitting manual scavenging, dedicating a Scheduled Caste or a Scheduled Tribe women as devadasi, abusing in caste name, perpetrating witchcraft atrocities, imposing social or economic boycott, preventing Scheduled Castes and Scheduled Tribes candidates from filing of nomination to contest elections, hurting a Scheduled Castes/Scheduled Tribes woman by removing her garments, forcing a member of Scheduled Caste/Scheduled Tribe to leave house , village or residence, defiling objects sacred to members of Scheduled Castes and Scheduled Tribe, touching or using words, acts or gestures of a sexual nature against members of Scheduled Castes and Scheduled Tribe. •Addition of certain IPC offences like hurt, grievous hurt, intimidation, kidnapping etc., attracting less than ten years of imprisonment, committed against members of Scheduled Caste/Scheduled Tribe, as offences punishable under the PoA Act. Presently, only those offences listed in IPC as attracting punishment of 10 years or more and committed on members of Scheduled Caste/Scheduled Tribe are accepted as offences falling under the PoA Act. •Establishment of Exclusive Special Courts and specification of Exclusive Special Public Prosecutors also, to exclusively try the offences under the PoA Act to enable speedy and expeditious disposal of cases. •Power of Special Courts and Exclusive Special Courts, to take direct cognizance of offence and as far as possible, completion of trial of the case within two months, from the date of filing of the charge sheet. •Addition of chapter on the 'Rights of Victims and Witnesses'. •Defining clearly the term 'wilful negligence' of public servants at all levels, starting from the registration of complaint, and covering aspects of dereliction of duty under this Act. •Addition of presumption to the offences -If the accused was acquainted with the victim or his family, the court will presume that the accused was aware of the caste or tribal identity of the victim unless proved otherwise.