By : M.S.Yatnatti Editor and Video Journalist Bengaluru : The order of eviction by the Secretary & competent officer, BDA Bangalore was set aside in M.C.A No. 33 / 2014 by order dared 31-10-2015 issued in respect of site no.3970 3RD Main road 17 E cross Banashankari 2nd stage Bangalore : 560070 .Instead of issuing orders of eviction after decades of revenue site holders occupation and enjoyment of developed sites BDA should think of reconvening them to the owners and their heirs as all of them have even perfected their titles by adverse possessions..The State Government has rightly decided to regularize 3,699 acres of encroachment of Bangalore Development Authority (BDA) land, which may house an estimated 66,500 sites plus about 20 000 pending files in all about one lakhs sites . For this state government need to amend BDA Act and Rules.This land spread across 68 BDA layouts, has been notified and acquired by BDA during the formation of these respective layouts. However, private individuals though do not have titles over the property have had possession of these lands and has seen development. These private individuals have been enjoying these properties in many cases for more than two decades now. Not just that, most of these cases are currently pending before the courts as the private property owners have either challenged the acquisition or have sought a title deed. Chief Minister Siddaramaiah said that as most of these lands are developed into residential areas, it was not possible for the Government to evict all these residents.
"There are only two options here. Either we evict them or regularise them. It is a question of more than 60,000 households. We have decided to regularise these possessions with a fee that is presently being worked out. This will ensure revenue of a few thousand crores to BDA and also solve the issue for the people,” he said adding that the Government had sought legal opinion on the process to be followed for the same. It is good decision as State Government need to amend the BDA Act and rules. Some of the bulk allotments Re-Convey re-allotment and regularisation were made by the Authority in favour of the State and Central Government Organisations, House Building Co-operative Societies and several thousand individualshave been quashed by the High Court of Karnataka in various Writ Petitions because there is no provision in the Act for making bulk allotment and Re-conveyance . Therefore, it was considered necessary to amend the Bangalore Development Authority Act,- (i) to take power to make bulk allotment; (ii) to validate bulk allotment made earlier. Opportunities are also taken to make certain consequential amendments.
The Act was amended and section 38-C and VALIDATION Act was introduced in BDA Act. Sevral thousand sites were validated and BDA was in process of issuing sale deeds and R&R department was created in BDA to carry out Re-Convey re-allotment and regularization.While BDA was in process another blow came from supreme court in Bangalore Development Authority ... vs R. Hanumaiah & Others on 3 October, 2005.It was held that "BDA can do Re-Convey re-allotment and regularization only forthe allotment made between 20th December, 1973 to 8th May, 1986 and not prior to that as Section 9 of the Amendment Act validates the allotment made between 20th December, 1973 to 8th May, 1986. Section 38-C only authorises the BDA to allot a site in a development scheme to a person whose land had been acquired. "This apart Section 38-C is prospective in its application except to the extent of the allotment made between 20th December, 1973 to 8th May, 1986 which are saved by Section 9 of the Amendment Act.