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DC is divested of Demolition powers under KLR Act as KTCP Act has overriding effects

 
 
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DC is divested of Demolition powers under KLR Act as KTCP Act has overriding effects
by System Administrator - Wednesday, 6 May 2015, 4:03 PM
 

By: M.S.Yatnatti: Editor and Video Journalist Bangaluru: DC Bengaluru Urban district has no power of demolition in planning area of Bengaluru.Stop reckless demolitions in Bangaluru.Find alternative ways to resolve the problems. Government is supreme in policy making. 'If a land fell within the ODP or CDP prepared for Bangalore Metropolitan Planning area the Special Deputy Commissioner, Bangalore, ceases to have any power under Section 95 of the Act, in view of the over-riding effect given to the provisions of the Planning Act by Section 76M thereof over all other laws which includes The Land Revenue 'Act.' If land use is shown as residential or commercial in CDP the building is legal even it is shown as kere or kere anagala in revenue map as land use shown in revenue map has no legal sanctity over CDP . Complaint is filedagainst DC Bengaluru Urban district before KSHRCfor demolishing the structures and residential or commercial in sarakki or Banasawadi or elsewhere without following due process of law under Eviction of public premises Act after court orders ( as several court orders high court and supreme court orders states that eviction has to take place after due process of law for those who have settled positions) .It is human right violations as every day in all national dailies news appearing of plights of affected persons as new born were not allowed to fed by their mothers .To obey one order of the court DC cannot disobey other court orders in respect of eviction .Even a rank tress passer has to be evicted after due process of law as per SC orders. Limitation Act is almost forgotten .Many persons have got ownership by adverse possessions .What the authorities were doing for several decades .suddenly you come and demolish like dictator and forgetting that India is democracy .Government cannot be so inhuman and through its people on foot path .It should make some alternative arrangements .