By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: "Shanthi Sadhana” got its land in survey number 34 pattamgere village and got DC converted in ALNSR(S) 125 /88-89 dated 20-03-1989 for two acres of land and out of 2 acres 45% ought to have relinquished to BDA which "Shanthi Sadhana” never did instead encroached the public road and closed it for public and for this crime BBMP and BMTF should file FIR on "Shanthi Sadhana” and clear the encroachment and get 45% of land to BBMP/BDA immediately and clear the public road and tar it as railway parallel road as metro station need connectivity . The DC conversion order specifies that approval of the layout and buildings should be obtained from BDA, and that specific portions would need to be relinquished towards roads and open spaces, as per the rules laid down by BDA.Those who own properties in BDA-jurisdiction would be aware that one of the conditions for sanction of a DC Conversion or layout's development plan is that the roads, parks and open spaces of 45% of area are relinquished to BDA, as is also a portion of the total land area, towards a civic amenities (CA) site. As per the Karnataka Town and Country Planning (KTCP) Act, 1961, the Bangalore Development Authority (BDA) is the designated planning authority for new layouts (either standalone sites/homes or apartment complexes) and approvals need to be in line with the Revised Master Plan (RMP) 2015.As per RMP-2015 (Chapter 6/ Chapter 7) 10% of the land shall be reserved for Park and Open space. The open space (park) shall be relinquished to the authority free of cost and the same may be allowed to be maintained by the local residents association (registered), if the Authority so desires.A minimum 5% of total plot area shall be provided for Civic Amenities and the owner or developer shall develop such civic amenities which finally shall be handed over to the local residents' association for maintenance. The mode of such handing over shall be decided by the authority.Apart from the provision for amenities and open spaces, the area for residential development shall be up to a maximum of 55 % of the total land area.
The Karnataka High Court judge Huluvadi Ramesh disposed of the petition by passing an order, on 5th November 2014 in Writ Petition, No. WP/9882/2014, in the Karnataka High Court it was held that ""In the event the property falls within the BDA limits, then necessarily the BDA has to verify and consider it for taking over possession and maintenance of civic amenity. If the property falls within the corporation limit, then it is for the corporation to take this responsibility and to do the needful.”It goes on to state that the BDA needs "to examine whether the property falls within the jurisdiction of BDA or corporation and thereafter, the grievance of the petitioners could be met if it is legal.” This was following the submission of the counsel for the developer that APD had already relinquished the land in favour of BBMP, a point which was not confirmed with any document. According to Subbu Hegde, only the roads have been relinquished.
Government and "Shanthi Sadhana” is being requested to withdraw the false case filed in CC Number 7236/2015 in III ACMM Court against the residents of the 8 Layout people including GB Layout. Compound wall of "Shanthi Sadhana” is intact from any angle even today. Nobody demolished "Shanthi Sadhana” compound wall even then "Shanthi Sadhana” filed false complaint and police filed false FIR 187/2014 and filed false charge sheet in CC Number 7236/2015 in III ACMM Court against the residents of the 8 Layout people including GB Laout .Kengeri Police is requested to act immediately against Shanthi Sadan Franciscan Institute of Spirituality in India (FISI) - Shanti Sadhana (Bengaluru) Spirituality Centre run by the Franciscan Capuchin Friarswho have created law and order problem by blocking century old access to road . "Shanthi Sadhana” should create Shanthi and help the public by giving them their road and not snatching the public utility. This is not a commercial organization .This is a spiritual organization .Should learn to give the rights of people and not snatching them. Prabhuve Maadu Enna Shanthi Sadhana: This is human right violation of public. Because of this people are forced to take risk and cross the railway line without any protection. Blocking the public road is nothing but encroachment of public right of way by easements as Easement right is the right one property holder holds over another's property for the beneficial enjoyment of the former's property.
It is requested to Police DC BBMP BWSSB officers to convince Shanthi Sadan Dubasi Palya stop the violations of high court and Supreme Court orders in respect of easement rights of Public and Government and withdraw the false case filed in Kengeri PSin false FIR 187/2014 against the residents of the 8 Layout people who are using this road (Jayaramdas Railway gate to present Darshan college road ) as public road since several decades .BBMP is requested to immediately tar this road for public use .If shanthi Sadan does agree to act as per law of the land then The Police can file FIR under section 143147447 472 read with 149 of IPCand under sections 283 (danger or obstruction in public way or line of navigation) and 336 (act endangering life or personal safety of others) of the IPC. Against Shanthi Sadana for blocking the road under Section 283 in The Indian Penal Code 283. Danger or obstruction in public way or line of navigation.--Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to two hundred rupees.