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DC CANNOT VIOLATE COURT ORDERS IN RESPECT OF CDP

 
 
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DC CANNOT VIOLATE COURT ORDERS IN RESPECT OF CDP
by System Administrator - Thursday, 14 May 2015, 4:58 PM
 

By: M.S.Yatnatti: Editor and Video Journalist Bangaluru: :If the land in question is covered by CDP then, permission for change in land use should be granted by the Planning Authority and Deputy Commissioner is hence divested of such power. In view of the provisions 14, 24, and 76-M of the Act nobody could apply for change of use of any land lying within the area of the CDP only to the planning authority, that is the Bangalore Development Authority and not to the Deputy Commissioner.Even so, after more than one and half years after the DP came into force the Government had issued directions to al the Deputy Commissioners including the Deputy Commissioner, Bangalore, not to reject the permission for conversion of agricultural lands for no-agricultural use assuming the existence of greenbelt.The Deputy Commissioner, Bangalore had no power or authority to deal with any application for change of use of land lying within the area of the CDP and that power vested with the Planning Authority.Special Deputy Commissioner Vs.Bhargavi Madhavan, ILR 1987 KAR 1260. Permission for change in land use:The CDP imposes restriction regarding the use of property and section 14 of the Planning Act read with section 24 provides that for every change of use of land within the planning area, written permission of the Planning Authority is necessary and even if permission had been obtained under any other law, to act according to such permission would not be lawful.Therefore, on and after the date on which the CDP came into force, theDeputy Commissioner stood divested ofhis power under section 95 of the Land Revenue Act to deal with the application of respondents, though presented earlier.Special Deputy Commissioner Vs.Bhargavi Madhavan, ILR 1987 KAR 1260.Deputy Commissioner has no authority to grant change of land use in the Planning area.The question which arises for consideration is whether the special Deputy commissioner had any power at all to accord permission under section 95 of the Karnataka Land Revenue Act.The chapter II 9Section 9 to 13) of the planning Act provides for preparation of an ODP for every local planning area declared as such under the provisions of the Act.After the Bangalore Metropolitan areas was decleted as local planning are under the provisions of the Act, steps were taken to prepare an ODP and after following the procedure prescribed under Section 9,10,11,12 and Sub-sections (1) to (3) of Section 13, the ODP was finally published as required under sub-section 94) of section 13 of the Act on 22-5-1972.The language of Section 14 of the Act is peremptory. According to that provision no change in the land use in respect of land falling within the area of ODP can be made without the written permission of the Planning Authority secured under section 14 of the Act.

I have asked PIO of DC office provide me the information under section 4(1) (a) (b) (c) (d)whether DC has power to overrule CDP plans land uses and implement revenue map land uses ?.This information and reasons need to be provided to me as per Guide on RTIto Information Act 2005 published by the Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training (available here :http://rti.gov.in/RTICorner/Guideonrti.pdf) on page 12 and Para 9, following is stated: Providing Reasons for Decisions: The public authorities take various administrative and quasi-judicial decisions which affect the interests of certain persons. It is mandatory for the concerned public authority to provide reasons for such decisions to the affected persons. It may be done by using appropriate mode of communication .Attention is also invited towards the thread 'affected person ' under rti act.In fact, it can be said that "Affected" refers back to an action. The"Affected Persons" are the ones who are affected by that action. The reasons need to be given to affected person and copy of that can be given to me under 2 f of RTI Act. The KSOU office is THE PUBLIC AUTHORITY under obligation to provide information "PUBLICLYā€¯ under section 4(1) (a) (b) (c) (d).