By: M.S.Yatnatti: Editor and Video Journalist Bengaluru : Forcible implementation of master plan DC will face contempt of court proceedings and Additional Chief Secretary will face contempt proceedings in the PIL as they have given undertaking that there is no proposal to acquire the properties to implement master plan projects in HKHC . Affected persons are not against the road widening project as per so called master plan implementation project which is lapsed after five years as land acquisition proceedings were not initiated within five years period as per KTCP Act . "The Land Acquisition Act 1894 stands repealed and replaced with The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 and Rules 2014 ”.Let the authorities acquire the affected properties as per The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 and Rules 2014 and pay the compensation and do Rehabilitation and Resettlement as per Law and then implement the master plan road .The DC corporation is forcibly demolishing the properties without paying the compensation and do Rehabilitation and Resettlement as per Law and that the reason more than 20 people have got the stay against district administration .Let the district administration do proceedings as per The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 and Rules 2014 and reportedly affected persons are ready to withdraw the cases to pave the smooth implementation of master plan projects .But affected persons are against the forceful demolition without paying the compensation and do Rehabilitation and Resettlement as per Law .Abide the law and then implement the master plan road .Forcible implementation DC will face contempt of court proceedings and Additional Chief Secretary will face contempt proceedings in the PIL as they have given undertaking that there is no proposal to acquire the properties to implement master plan projects in HKHC . It is publicly stated that Bijapur/ Vijayapur City Corporation should to stop exhibiting the style of functioning in a dictatorial manner either without understanding the statutory provisions, law laid down in a catena of decisions, violating rule of law or in utter ignorance of law. Bijapur/ Vijayapur City Corporationcannot exercised powers illegally, arbitrarily and discriminately giving a go-bye to all norms, guidelines and principles required to be scrupulously followed for taking possession of the acquired property, for roads ,streets parks andparking spaces.
Apart from master plan roads need to be implemented by Vijayapur development authority and not by Vijayapur corporation..Mr Kulkarni has petitioned a complaint to KSHRC against DC Vijayapur for human right violations and Government UDD and Regional Commissionerhas failed to conduct an inquiry as desired by KSHRC and just forwarded DC fake reply to commission without conducting an inquiry .WhereforeMr Kulkarni has demanded KSHRC to take action on DC as per Human right protection Act by saying that "Hence it is further submitted the balance of convenience is heavily in favour of the Victims and Property Losers whose properties have been demolished without even acquiring as per New Land Acquisition Act and Rules hence this Hon'ble Commission be pleased to allow the present Complaint and issue orders for taking action against DC Vijapur for human right violation and issuing orders for paying compensation to victims as per "RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT 2013. (New Act) and carry out rehabilitation as per law in the interest of justice and for the purpose of protection of Human Rights..
The Vijayapur (Bijapur) DC who is also chairman of Vijayapur (Bijapur)Development authority(Bijapur)as committed blunders and human right violations by demolishing poor people's properties without acquisition of land by following due process of Law and committed human rights violations .Till today KSHRC has not taken any action against culprit DC .The Bijapur DC is createdunwarranted controversy and bringing Bad name to the Chief Minister and Bijpur District in charge Minister of Karnataka by demolishing poor people's properties without acquisition of land by following due process of Law .Bijapur City Corporationor Bijapur DCwho is also chairman of Bijapur Development authority need to have first acquired the land designated for master plan for roads and pay compensation, relief and rehabilitation as per The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 and rules published by state government and then implement the road widening project .Bijpur residents demanded this from DC and when Bijapur DC did not heed these legal demands then The Bijapur several residents have gone to high court on this simple plea and got the stay orders. Even a PIL was filed in Karnataka high court which was disposed after Government filed affidavit that it has no proposal for acquisition as per lapsed master plan. Senior Advocate Mr Vijay Kulkarni of Mumbai high court has simply created this law awareness in Bijapur City . Human right commission also acted in favor of public and demanded an enquiry by an officer equal to the rank of regional commissioner.If the designated lands are not acquired within five years of master plan the designation get lapsed and lapsed master plan cannot be implemented.The NDA government's ordinance to amend the land acquisition Act expanded the list of projects that would be exempted from requirements of consent and Social Impact Assessment. Narendar Modi NDA Government is introducing a major change in The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, , the ordinance has tweaked an important clause that will help both government and private projects. "None of the clauses relating to compensation, relief and rehabilitation have been removed. This ordinance will not affect the demand Bijapur residents as it is allowed to lapse..