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Court Order Declared that Smt Radhamma has Accrued the Legal right under 38-C(2) of BDA Act “ Re-Convey Her Site”

 
 
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Court Order Declared that Smt Radhamma has Accrued the Legal right under 38-C(2) of BDA Act “ Re-Convey Her Site”
by System Administrator - Wednesday, 6 January 2016, 5:26 AM
 

By : M.S.Yatnatti Editor and Video Journalist Bengaluru : 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 Re-Convey Section all about one lakhs sites .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”. I have asked The Public Information Officer, and Assistant Commissioner (R&R) Bangalore Development Authority Bangalore to provide me information and reasons 4(I) (d) RTI Act for delay executing the sale deed in favour of Smt Radhamma as per court order in MA 33/2014 dated 31-10-2015 .The order by Principal City Civil and Sessions judge Bangalore in court hall number 42 in MA 33/2014 dated 31-10-2015has declared that Smt Radhamma has accrued the legal right to proceed with the application for re-conveyance in view of section 38-C(2) of BDA Act in respect ofRe-Convey and executing sale deed by BDA site No 3970, 3RD MAIN ROAD 17 E CROSS Banashankari 2nd stageBangalore : 56007040x60 feet in the name of SmtRadhamma w/o M. Rangappaas she is legal heirs to the property which was earlier part of 80x60 site owned by her husband's father of which another site No.3971 sitenumber measuring 40x60 which is already re-conveyed and registered by BDA in the name of legal heirs of Radhamma husband's father .Please provide me information as per RTI Act in respect of Re-Convey by way of re-allotment and regularisation and executing sale deed by BDA in respect of No 3970 3RD MAIN ROAD 17 E CROSS Banashankari 2nd stageBangalore : 560070 ( 40x60)feet in the name of SmtRadhamma w/o M. Rangappaas she is legal heirs to the property which was earlier part of 80x60 site of which 3971 sitenumber is already Re-allotted and Regularised (re-conveyed ) and registered by BDA. As per regularisation and re-allotment of sites as resolved by Proceedings of the meeting of the BDA, Bangalore held on Saturday the 21st June, 1980 in Subject No. 629 which gives all power to other regularisation by re-allotment cases in other extensions which are pending for a long time, so that the cases of other revenue site owners may also be solved and BDA policy decision as per BDA/CITB Reslution to regularised revenue sites as per notification published in Deccan herald news paper by notification dated BDA/ADM/PA/195/76-77 Dated 14th july 1976.

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/unauthorized 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 notice 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 theirtitle by adverse possession as they are insettled 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).