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“BDA” EVICTION ORDER TO 152 RESIDENTS IS ILLEGAL CAPRICIOUS AND UNWARRANTED IN BANASHANKARI III STAGE AFTER 40 YEARS

 
 
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“BDA” EVICTION ORDER TO 152 RESIDENTS IS ILLEGAL CAPRICIOUS AND UNWARRANTED IN BANASHANKARI III STAGE AFTER 40 YEARS
by System Administrator - Monday, 30 November 2015, 3:42 AM
 

By : M.S.Yatnatti Editor and Video Journalist Bengaluru : BDA secretary eviction order is set aside in M.C.A NO. 33 / 2014 in respect ofBanashankari I Stage recently "instead let BDA reconvey sites”. BDA do not learn lessons despite this situation .The State Government has rightly decided to regularize 3,699 acres of encroachment of Bangalore Development Authority (BDA) land, which may house an estimated 66,500 sites plus about 20 000 pending files in all about one lakhs sites .In this scenario the The Bangalore Development Authority (BDA) issuing notices on 152 constructions is illegal capricious and unwarranted , mostly residential houses, in Banashankari III Stage, claiming that these have been built illegally on 5.3 acres of its property. After 4 decades BDA cannot issue notices of eviction. The notices are dated November 16, 2015 and when some of the residents protested, authorities took the help of police and photographed and videotaped the serving of notices. Reportedly The 'illegal layout' is the area behind the Kamakya Theatre off the RingRoad.What has irked the residents is that many of their homes here are decades old. The BDA notice says the constructions are illegally done on survey numbers 77/1 and 77/2 in Kathriguppe village, Uttarahalli Hobli, Bengaluru south taluk. It states that these lands were acquired by the BDA through the notification of September 10, 1979, and a final notification on April 30, 1981. "These are properties of the BDA. It is noticed that you have put up illegal/unauthorised constructions and are residing there. You are informed to provide any documents about the property if you have any within seven days, else action as per BDA rules will be initiated against you," the notice read. This ntice is issued in violation of as per citation of high court orders in Division Bench order Reported inJohn B. James And Others vs Bangalore Development Authority ... on 7 August, 2000 Equivalent citations: ILR 2000 KAR 4134, 2001 (1) KarLJ 364). BDA cannot issue any notice of Eviction or Legal action as these residents haveperfected their title by adverse possession as they are in settled position for of their sites with structure since 1973 for more than 12 years consequently the title of BDA stood extinguished (If anyone, who has trespassed into BDA land or in unauthorized possession of BDA land, has put up a structure and completes and accomplishes the act of possession and continues in such settled possession asserting possession and ownership in himself, openly, peacefully and uninterruptedly to the knowledge of BDA, for more than 12 years, then it is possible for him to contend that he has perfected his title to such property by adverse possession and consequently the title of BDA stood extinguished as per Division Bench order Reported inJohn B. James And Others vs Bangalore Development Authority ... on 7 August, 2000 Equivalent citations: ILR 2000 KAR 4134, 2001 (1) KarLJ 364).

Reportedly The current land value of the 5.3 acres is estimated at Rs 300 crore for which BDA need not have stomach ache . The alleged unauthorised constructions are largely individual houses, a few multi-storied buildings and a Mahalakshmi temple. The residents include many government servants. A local resident, who has been served the notice, said, "Most homes were constructed here with bank loans. In many cases, the loans have also been cleared. That is how old the houses here are. Some people started talking about this being an illegal layout six months ago. Some of the residents sold the properties and vanished. Some houses have changed hands many times over. I do not understand how BDA decided that it is its property now. No-objection certificates have been issued and in an old case, the BDA had claimed that this was a private layout. All around are BDA layouts and in adjoining sites, this is mentioned as a private layout in site schedules."Assistant executive engineer, BDA, Prashanth, speaking to Mirror, said, "Yes, the notices were issued. The issue arose some five years ago when complaints were filed against BDA for failing to secure its land. This layout is 30 years old but the BDA officials who are in office today have to follow rules. This is just the initial notice.". The last two years have witnessed many civic agencies including the BDA on an overdrive to clear encroachments of their properties. It was the district administration and revenue department that was on an encroachment clearance drive in the last two years. Reportedly Properties worth hundreds of crores of rupees were recovered after encroachments were cleared from Sarakki, Allalasandra and Banaswadi lake beds. In some of these cases, the BDA was the culprit, having developed and distributed sites on land it did not own! In Banaswadi, the district administration found encroachment by none other than the BDA. It is now the turn of BDA which is trying to locate its own properties which it had forgotten after having acquired them decades ago. But legally it cannot do anything Sources say that the drive in Banashankari came only after private complaints to the Lokayukta that BDA officials had forgotten to protect public property. This is not the only case of BDA forgetting its properties. Earlier this year the BDA sought the help of CID to recover 2.5 acres of land in Banashankari II Stage which it acquired in 1971 and forgot about and which was allegedly sold multiple times using forged documents by private parties. The 152 houses are situated in what is called "Banashankari III Stage, V Block". The original name of the 'private layout' was Krishnaiah Layout. The government's guidance value is Rs 6,500 per sq ft while the market rate is twice this rate. Old timers trace the problem to the original land owners of the village. "No one knows what has happened 30-40 years ago. But it is said that after the BDA acquired the land, some of the land owners illegally sold the land to a third party. This person is said to be one 'Jackpot Krishnappa' because he had won some lottery or horse race. That person made a layout and somehow managed to keep the BDA authorities at bay. The people who purchased the sites constructed homes blissfully unaware of this background. Many properties changed hands subsequently," said a resident.

The State Government has rightly decided to regularize 3,699 acres of encroachment of Bangalore Development Authority (BDA) land, which may house an estimated 66,500 sites plus about 20 000 pending files in all about one lakhs sites . For this state government need to amend BDA Act and Rules.This land spread across 68 BDA layouts, has been notified and acquired by BDA during the formation of these respective layouts. However, private individuals though do not have titles over the property have had possession of these lands and has seen development. These private individuals have been enjoying these properties in many cases for more than two decades now. Not just that, most of these cases are currently pending before the courts as the private property owners have either challenged the acquisition or have sought a title deed. Chief Minister Siddaramaiah said that as most of these lands are developed into residential areas, it was not possible for the Government to evict all these residents. "There are only two options here. Either we evict them or regularise them. It is a question of more than 60,000 households. We have decided to regularise these possessions with a fee that is presently being worked out. This will ensure revenue of a few thousand crores to BDA and also solve the issue for the people,” he said adding that the Government had sought legal opinion on the process to be followed for the same. It is good decision as State Government need to amend the BDA Act and rules. Some of the bulk allotments Re-Convey re-allotment and regularisation were made by the Authority in favour of the State and Central Government Organisations, House Building Co-operative Societies and several thousand individualshave been quashed by the High Court of Karnataka in various Writ Petitions because there is no provision in the Act for making bulk allotment and Re-conveyance . Therefore, it was considered necessary to amend the Bangalore Development Authority Act,- (i) to take power to make bulk allotment; (ii) to validate bulk allotment made earlier. Opportunities are also taken to make certain consequential amendments. The Act was amended and section 38-C and VALIDATION Act was introduced in BDA Act. Sevral thousand sites were validated and BDA was in process of issuing sale deeds and R&R department was created in BDA to carry out Re-Convey re-allotment and regularization. While BDA was in process another blow came from supreme court in Bangalore Development Authority ... vs R. Hanumaiah & Others on 3 October, 2005.It was held that "BDA can do Re-Convey re-allotment and regularization only forthe allotment made between 20th December, 1973 to 8th May, 1986 and not prior to that as Section 9 of the Amendment Act validates the allotment made between 20th December, 1973 to 8th May, 1986. Section 38-C only authorises the BDA to allot a site in a development scheme to a person whose land had been acquired. "This apart Section 38-C is prospective in its application except to the extent of the allotment made between 20th December, 1973 to 8th May, 1986 which are saved by Section 9 of the Amendment Act. The resolution of CITB of 1972 agreeing to re-convey the part of the land acquired is not covered by the provisions of Section 9 of the Amendment Act. In the present case, the resolution of the CITB predecessor-in-interest is dated 19.4.1972 and it would not be deemed to be validated by the deemed fiction created by Section 9 of the Amendment Act to bring it within the provisions of Section 38 -C.”.This small mistake of government put 20,000 files pending while it clared several thousand files with this amendment for the resolutions passed between 20th December, 1973 to 8th May, 1986 which were validated and approved by several court orders.But government intension was to solve problems of all the bulk allotments Re-Convey re-allotment and regularisation were made by the Authority since CITB formation in 1945 in favour of the State and Central Government Organisations, House Building Co-operative Societies and several thousand individuals .Now government and BDA have realized their mistake and proposed a small amendment to validation Actto solve this problemand the amendment is instead of "between 20th December, 1973 to 8th May, 1986” the amendment will be in the place of word "20th December, 1973” the following word may be substituted "Since the formation of CITB in 1945” to 30th December, 2015 .Which will make the Validation ActSection 9 of the Amendment Act validates the allotment made between Since the formation of CITB in 1945 to 8th May, 1986. Section 38-C only authorises the BDA to allot a site in a development scheme to a person whose land had been acquired and this will solve more than 20,000 files will be cleared and houses regularized and BBMP can give them A khata and get taxes from them legally.

The order of eviction by the Secretary & competent officer, BDA Bangalore was set aside in M.C.A No. 33 / 2014 by order dared 31-10-2015 issued in respect of site no.3970 3RD Main road 17 E cross Banashankari 2nd stage Bangalore : 560070 .Instead of issuing orders of eviction after decades of revenue site holders occupation and enjoyment of developed sites BDA should think of reconvening them to the owners and their heirs as all of them have even perfected their titles by adverse possessions.The order of eviction by the Secretary & competent officer, BDA Bangalore was set aside in M.C.A No. 33 / 2014 by order dared 31-10-2015 issued in respect of site no.3970 3RD Main road 17 E cross Banashankari 2nd stage Bangalore : 560070 .Instead of issuing orders of eviction after decades of revenue site holders occupation and enjoyment BDA should think of reconvening them to the owners and their heirs as all have even perfected their titles by adverse possessions.