By : M.S.Yatnatti: Editor and Video Journalist Bangalore : I have asked ALAO to provide me information and reasons under section 4(I) (d) RTI Act when BDA has no power to overrule BDA Act and new Land Acquisition Act and Government second Final notification No. UDD-629-MNX-97 dated on 6/10/1997 de-notifying certain lands appearing in Preliminary Acquisition notification No ALAO/A3/139/88-89 DATED 19-01-1989 published in Karnataka Gazette dated 19-1-1989 26-1-1989 and 2-2-1989 and first final notification in respect of Ganana Bharathi Layout _ValagerahalliKengeri Hobli Bangalore South Taluka then how come Additional Land Acquisition Officer BDA transfer 101/2B to engineering department when it is not featur in and it is de-notified in second Final notification No. UDD-629-MNX-97 dated on 6/10/1997 and in similar way Government has de-notified several lands appearing in first final notification and preliminary notification of Arkavathi Layout by issuing second final notificationgazetted on June 18, 2014 making old final notification issued on 2004 its award and Mahzar etc became null and void and BDA cannot claim any rights over firstfinal notificationits award and Mahzar etc even in case of GB Layout .
Presently it is immaterial whether W.P. No. 16827-34/1994 of G B Layout or Arkavathi layout court orders areonly applicable to petitioners but preliminary notifications of each layout are applicable only to its respective second final notifications issued by Government and the lands featuring in final notifications are only owned by BDA and not others lands appearing in preliminary notification or first final notification which is dead after issue of second final notification subject to completion other procedural formalities as per law. BDA contractor in connivance with BDA is trying to take forcible entry in S.No, 101/2B valagerahalliitself is illegal and criminal tress pass.There is no dispute about Hon'ble High Court of Karnataka in W.P. No. 16827-34/1994 and other Writ Petitions quashing The 1994 final notification as far as petitioners land are concerned and Government and BDA was given liberty to re-issue final notification. But once final notification issued as per Hon'ble High Court of Karnataka in W.P. No. 16827-34/1994 earlier final notification of 1994 awards based on it and mahazars drawn based on it are dead and liquidated .What is Pertinent to note that Government utilizing this opportunity and liberty Government of Karnataka decided to de-notify lands of other owners whose land was appearing in preliminary notification No. BDA/ALAO/A3/139/88-89 dated 19.01.1989 published in the Karnataka Gazette dated 19.01.1989, 26.01.1989 and 02.02.1989 and issued final notification for entire GB Layout in 1997 de-notifying several survey numbers including S.No, 101/2B valagerahalli.Once in final notification is issued for cited preliminary notification andS No 101/2B is not featuring in 1997 government final notificationBDA ownership gets extinguished and earlier awards mahazar get null and void. In the similar way new final notification was issued by Government in respect of Arkavathi Layout gazetted on June 18, 2014 making old final notification issued on 2004 its award and Mahzar etc becamenull and void and BDA cannot claim any rights over old final notification as many owners who did not gone to court got benefits of de-notification.. and BDA cannot claim any rights over old final notification its award and Mahzar etc., it is further submits that, in accordance to the 1997 final notification 101/2B, does not feature in new final notification hence it is not a BDA property .BDA is criminal trespasser.The lands featuring in final notifications are only owned by BDA and not others subject to completion other procedural formalities as per law. The layout plan drawn after final notification in 2001 as approved by BDA did not made any site in S.No, 101/2B valagerahalli .After lapse of 20 years BDA is trying to take forcible entry in S.No, 101/2B valagerahalliitself is illegal and criminal tress pass.One law for second final notification Arkavathi Layout and another for GB Layout second final notification cannot be applied by BDA.