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CANCEL R&R SALE DEED IN RESPECT OF SITE NO 1198 AND 1199 HAL II STAGE AS SITE ALLOTTED WAS ILLEGAL

 
 
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CANCEL R&R SALE DEED IN RESPECT OF SITE NO 1198 AND 1199 HAL II STAGE AS SITE ALLOTTED WAS ILLEGAL
by System Administrator - Wednesday, 2 September 2015, 11:45 PM
 

By : M.S.Yatnatti: Editor and Video Journalist Bangalore : BDA committed blunder in allotment of R&R site No 1198 and 1199in S.No42Dukanhalli Villlage Kasba Hobli HAL 2ndStage Bangalore .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 .

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 .

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.

To complete above task BDA has proposed to government an amendment to BDA Act by a letter dated 18-11-2009 as the CITB/BDA Resolutions were passed before 1973 and BDA Act provide Re-Conveyance after 1973 " In section 9 of BDA(Third amendment Act 1993 Karnataka Act 1994 may be amended as follows 'in place of words "after the 20th day of December 1973 the following word may be substituted "since the formation of CITB IN 1945”If at all BDA want to complete these tasks it need to immediately co-ordinate with Karnataka Government Secretariat urban development department and get the Act amended in the Belagum Session of Legislature which is shortly commencing on December 10 2012 .Or it can after taking legal opinion re-allot to all 20917 persons undersection 38 C (1)(a) of BDA Act 1976& BDARules and Regulations in respect Re-allotment /Re-conveyance sale deed execution as per format available at BDA websiteas per BDAresolution 189/94 dated 28-07-1994for theresolutions passed by CITB since the formation of CITB in 1945.In my view Re-allotments can bemade under section 38 C (1)(a) of BDA Act 1976in respect of Re-allotment as perBDAresolution 189/94 dated 28-07-1994for resolutions passed by CITB since the formation of CITB in 1945as legally there is no need to amend section 9 of Karnataka Act 17 of1994 inview of principal Actunder section38 C (1)(a) of BDA Act 1976permits re-allotments.