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BDA NEED TO RE-CONVEY SITES TO SRI MUNISWAMY AS PER RESOLUTION NUMBER 378 DATED 17-11-1982

 
 
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BDA NEED TO RE-CONVEY SITES TO SRI MUNISWAMY AS PER RESOLUTION NUMBER 378 DATED 17-11-1982
by System Administrator - Tuesday, 11 August 2015, 11:25 PM
 

By : M.S.Yatnatti: Editor and Video Journalist Bangalore : Sri Muniswamy s/o Abbaiahhas Submitted the true copies of Documents 0n 10-08-2015 (signed by Gazetted officer or Notarised )as per Assistant commissioner(R&R) letter AC/R&R/50/15-16 Dated 27-07-2015 in respect of Re-Conveyance and execution of absolute Sale deed in Survey Number 50 Dookanhalli Indra Nagar Post, HAL 2ND StageBangalore: 560038 (Facing 100 feet Road) as per resolution in Subject No. 378 by the Bangalore Development Authority's meeting dated 17-11-1982 as per Section 5 of the Amendment Act introduced Section 38-C in the Act and Section 9 of the Amendment Act validated the allotments made between 20.12.1973 to 8.5.1986 retrospectively. Presently sri Muniswamy s/o Abbaiahis in possession of three sites 60X90 feet (two sites) and another one site 50x80 which need to be re-conveyed forthwith out of 3 acres 16 guntas as balance is encroached and for which court cases to be launched in Survey Number No 50 Dookanhalli Indra Nagar Post, HAL 2ND Stage Bangalore: 560038 (Facing 100 feet Road) which BDA need to re-convey in the name of Sri Muniswamy s/o Late Abbaiahlegal heirs after death of his father which is in S No 50 Dookanhalli Indra Nagar Post, HAL 2ND StageBangalore: 560038 (Facing 100 feet Road) which are owned by sri Muniswamy s/o Abbaiahand as per and under section 38 C of BDA Act 1976 as amended up to date which comes under Re-Convey area as per BDA resolutionSubject No. 378 by the Bangalore Development Authority's meeting dated 17-11-1982 as per Section 5 of the Amendment Act introduced Section 38-C in the Act and Section 9 of the Amendment Act validated the allotments made between 20.12.1973 to 8.5.1986 retrospectively. Sri Muniswamy s/o Abbaiahown total 3 acres 16 guntas in Survey Number No 50 Dookanhalli Indra Nagar Post, HAL 2ND Stage Bangalore: 560038 (Facing 100 feet Road) .But many persons have encroached in his land without any authority of law and documents against whom he is launching and launched court cases against them for eviction and then for that land he has reserved his right to approach BDA for re-conveyance in due course as per law .

Assistant commissioner(R&R) is deliberately delaying to execute the sale deeds in-favor ofand as perapplication of sri Muniswamy s/o Abbaiahdated 21-05-2014 to BDA to execute sale deed (Re-Convey) immediately and forth in respect of two sites 60X90 feet and another site 50x80 in the name of Sri Muniswamy s/o Late Abbiaihin S No 50 Dookanhalli Indra Nagar Post, HAL 2ND StageBangalore: 560038 (Facing 100 feet Road and opposite doopnahalli bus stop ) which are owned by him and which comes under Re-Convey area as per BDA resolutions Subject No. 378. of the Bangalore Development Authority's meeting dated 17-11-1982 and that promise of CITB/BDAto re-convey is enforceable in law" and as per and under section 38 C of BDA Act 1976 as amended up to date which comes under Re-Convey area as per BDA resolutions and as perSection 5 of the Amendment Act introduced Section 38-C in the Act and Section 9 of the Amendment Act validated the allotments made between 20.12.1973 to 8.5.1986 retrospectively as he is legal heirs to the property which part of S No 50 , Dookanhalli Indira Nagar Post, HAL 2ND Stage Bangalore: 560038 in which already site Number 1-7 etc which comes in S No 50 , Dookanhalli Indra Nagar Post, HAL 2ND Stage have are already beenre-conveyed and registered by BDA in the names of respective owners .

Alternate site cannot be allotted in re-convey section. The word "reconvey” appearing in S 38C presupposes that the person to whom the allotment is made should be an erstwhile owner whose land has been acquired and in which the site to be re-conveyed has been formed.ILR 2001 KAR 1727 LV Hoslappa Vs BDA .Request is made to BDA to cancel Re-Convey sale deed executed by BDA in favour of Smt Lakshmi Devi Ramanna in respect ofSite No 1198 and 1199in S.No42Dukanhalli Villlage Kasba Hobli HAL 2ndStage Bangalore as she was not eligible for alternate allotment as she was not the owner ofS.No42Dukanhalli Villlage Kasba Hobli HAL 2ndStage Bangalore and as she was owner ofS.No 1/1 of Gavipuram Guttahalli and BDA cannot give alternate land in re-convey as Section 38C provides for re-conveyance in favour of the original owner by passing of a resolution by the Board. This was an illegal allotment made by BDA and owner of this illegal site is trying to tress pass in S.No50Dukanhalli Villlage Kasba Hobli HAL 2ndStage Bangalore which is being re-conveyed to original owner Sri Muniswamy by BDA under in Subject No. 378 by the Bangalore Development Authority's meeting dated 17-11-1982 as per Section 5 of the Amendment Act introduced Section 38-C in the Act and Section 9 of the Amendment Act validated the allotments made between 20.12.1973 to 8.5.1986 retrospectively. Muniswamy and his family has filed a case inOS No 3009/2010 and filed FIR in Indiranagar Police Station for tress pass under section 448 of IPC . Under section 38C power has been confirmed on BDA if the CITB had already passed a resolution to re-convey the land in favour of a person or any site formed in the land which belong to them and which had vested or had been acquired by the BDA or CITB for the purpose of any development scheme and on the ground that it is not practicable to include such site for the purpose of the development scheme , then authority can allot such site by way of sale or lease in favour of such person i.e , the person to whom the site belonged originally.1998 (5) Kar LJ 646 G Umadevi Vs BDA.The word "reconvey” appearing in S 38C presupposes that the person to whom the allotment is made should be an erstwhile owner whose land has been acquired and in which the site to be re-conveyed has been formed.ILR 2001 KAR 1727 LV Hoslappa Vs BDA .In view of high court orders no alternate site can be allotted in Re-Convey section. So it is requested to cancel sale deed executed by BDA in favour of Lakshmi Devi Ramanna in respect ofSite No 1198 and 1199in S.No42Dukanhalli Villlage Kasba Hobli HAL 2ndStage Bangalore as she was not eligible for alternate allotment as she was not the the owner ofS.No42Dukanhalli Villlage Kasba Hobli HAL 2ndStage Bangalore and as she was owner ofS.No 1/1 of Gavipuram Guttahalli and BDA cannot give alternate land in re-convey as Section 38C provides for reconveyance in favour of the original owner by passing of a resolution by the Board.

Several thousand files are pending in Re-Convey Department .Legitimate files are not cleared and sale deeds are willfully delayed. No transparency in Re-convey section. Even the copies of Public documents are not given under RTI Act by Assistant commissioner(R&R) .BDA re-convey and re-allotment Assistant commissioner is sleeping on the matter and has failed to provide information under RTI Act.. After the Amendment to Section 38 of the BDA Act the Government approved a proposal to upgrade the post of Tahsildar, Re-conveyance to that of Assistant Commissioner in order to expedite the residential works in this area. During the period, 614 Sale Deeds were issued in respect of re-conveyance areas and 207 fresh cases of re-conveyance were approved as per the information available to me through BDA website. Assistant commissioner(R&R) is not clearing the files for which CITB.BDA resolutions are available and they are enforceable as per law. which comes under Re-Convey area as per BDA resolutions and as perSection 5 of the Amendment Act introduced Section 38-C in the Act and Section 9 of the Amendment Act validated the allotments made between 20.12.1973 to 8.5.1986 retrospectively.But it is shocking to note that whopping more than 20917 files are still pending in R & R section of BDA and Assistant Commissioneris sleeping on the matter and he has not bothered even to reply my RTI Application dated 14-09-2012 in this regard.These pending sale deeds pertains to Rajajinagr 2nd and 3rd stage Hosahalli gramathana ,Banshankari 1st stage 2nd stage Sunkenhalli Layout and other areas. Several public representations have been received by BDA. Ministers MLAS MPS and Social workers have given representations for re-conveyance and re-allotments for those 20917 sale deeds.