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POSSESSION ONLY AFTER PAYMENT OF COMPENSATION, REHABILITATION AND RESETTLEMENT AS PER ACT

 
 
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POSSESSION ONLY AFTER PAYMENT OF COMPENSATION, REHABILITATION AND RESETTLEMENT AS PER ACT
by System Administrator - Friday, 3 April 2015, 1:56 PM
 

By : M.S.Yatnatti Editor and Video Journalist Bangaluru : Under the 1894 Act, the Collector could decide when to take possession. He could dispossess any family by giving a moment's notice. But under The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 possession can only be taken once all the requirements under the law relating to the payment of compensation, rehabilitation and resettlement have been discharged."The Land Acquisition Act 1894 stands repealed and replaced with The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013”.

DC has violated law and without taking possession as per The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013”. He has demolished the properties in Bijapur (Vijayapur) as possession can only be taken once all the requirements under the law relating to the payment of compensation, rehabilitation and resettlement have been discharged. Reportedly DC is facing contempt of court proceedings in Karnataka High Court in Gulburga Circuit Bench and court had asked DC to appear before it in this regard as DC has violated court order in respect of master plan implementation as per law.

 

Senior advocate from Mumbai high court Mr Kulkarni is spearheading the campaign for lawful implementation of master plan and he has written a small booklet to create awareness among Bijapur residents. He has written a blog on internet at http:// advocatevijaykulkarni.wordpress.com .People have stared questioning Bjapur Deputy commissioner to act as per new land acquisition Act and KTCP Act 1961 as UDA Actand KMC Act and acquire the land and propertiesfor road widening project as per new land acquisition Act andCDP as per KTCP Act and then start demolition of properties so acquired for development schemes or town planning schemes as per law . It is publicly stated that Bijapur City Corporation 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. Bijapur City Corporationcannot exercised powers illegally, arbitrarily and discriminately giving a go-bye to all norms, guidelines and principles required to be scrupulously followed for taking possession of the acquired property for implementing master plan , for roads ,streets parks andparking spaces.

Bijpur (Vijaypur) District administration is taking law into their hand demolishing poor people's properties without following due process of Law .The Land Acquisition Act 1894 stands repealed and replaced with The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 and wherever the " The Land Acquisition Act 1894” appears in any law it is replaced and read as The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013. Similarly Section 177 of KMC Act need to be read with replaced Act. Affected people are filing PIL and already have filed criminal cases by way of PCR against DC and Commissioner of Bijapur City Corporation for illegal tress pass and entering their property and demolishing without authority of law. Bijapur police need to book FIR against DC and Commissioner of Bijapur city corporation for violating new land acquisition Act and tress pass under section 188 and 166 and 166A 447 AND 448 of IPC . Reportedly several hundred affected people are protesting illegal implementation of master plan in Bijapur by DC and Bijapur City Corporation.

Nobody is above the law and certainly Bijapur City Corporation is not above the law. Bijapur City Corporationcannot exercised powers illegally, arbitrarily and discriminately giving a go-bye to all norms, guidelines and principles required to be scrupulously followed for taking possession of the acquired property, for roads ,streets parks andparking spaces.Land Acquisition Act, 1894 has been replaced by the "Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” . Let Bijapur City Corporation follows the law and first gives compensation and rehabilitation of tenant and owners and pays the owners compensation and then do the road widening project. Until then Bijapur DC and commissioner of Bijapur City Corporation should stop the work on demolition of properties .The process for land acquisition involves a Social Impact Assessment survey, preliminary notification stating the intent for acquisition, a declaration of acquisition, and compensation to be given by a certain time.  All acquisitions require rehabilitation and resettlement to be provided to the people affected by the acquisition. Compensation for the owners of the acquired land shall be four times the market value in case of rural areas and twice in case of urban areas. From 2014 and a new law will guide all land acquisitions by central or state governments, bringing in stricter norms and increasing landowners' compensation significantly.