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BONDU RAMASWAMY WRITES TO DC FOR ACTION AGAINST THASILDAR BENAGALURU EAST TALUKA

 
 
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BONDU RAMASWAMY WRITES TO DC FOR ACTION AGAINST THASILDAR BENAGALURU EAST TALUKA
by System Administrator - Wednesday, 16 March 2016, 3:57 AM
 
By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Bondu Ramaswamy made request to Bengaluru Urban DC to issue necessary directions to Thasildar Bangalore East Taluka KR Puram Bengaluru to immediately remove the fencing and open the only road in front of B R Tennis Academy in Thanisndara . Closing the only road is violation of easement rights and human rights and legal rights. Thasildar Bangalore East Taluka has violated several court orders cited with in his letter to DC. An attempt is made by few vested interests to disposes SC/ST persons holding landed property by closing the only road. And as these properties belong to SC/ST persons and attracts Section 3 (1) (iv) of the SC and ST (Prevention of Atrocities) Act, 1989 which reads as follows (iv) Wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe or gets the land allotted to him transferred; And under Section 3 (1) (v) of the SC and ST (Prevention of Atrocities) Act, 1989 which reads as follows (v)Wrongfully dispossesses a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his right over any land, premises or water; in respect of survey number 100/2 (100/7) and 85/3 Thanisandara Village KR Puram Hobli Bangaluru East Taluka. Human rights violated. Request is made to stop atrocity on SC/ST persons who own the lands in survey number 100/2 and 85/3 Thanisandara Village KR Puram Hobli Bangaluru East Taluka. Vested interests in connivance with Thasildar have closed the only road to SC/ST property to force him to leave this property to vested interests as they want to forcibly evict him by closing the only road . Thasildar Benagaluru East Taluka has no business in BDA notified area as these areas come in BDA acquisition notification. The Thasildar cannot block the road which is being used by all the adjoining house owners and apartments and schools without due process of law, The tahsildar has blocked road to B R Tennis Academy in Thanisndara is direct violation of human rights and violation of Section 13 of the Indian Easements Act (citations in court orders CivilAppeal 4715/2000 and Madras High Court B.Shyamkumar : vs Francis George : on 4 August, 2009 and HKHC in RFA 567/2010 and violation of court orders in WP No 82193-196/2013 and in WP No 26059/2013 and Honble Karnataka High Court Sadashivaiah And Ors. vs State Of Karnataka And Ors. on 26 August, 2003 Equivalent citations: ILR 2003 KAR 5088 which held that "if the land falls within the category of 21(2)(a) it is not a government land, it belongs to the ownership of the petitioners. If it falls under 21(2)(b) then it belongs to the government and the petitioners cannot have a claim over the said land.” An attempt is made by few vested interests to disposes SC/ST persons holding landed property by closing the only road. And as these properties belong to SC/ST persons and attracts Section 3 (1) (iv) of the SC and ST (Prevention of Atrocities) Act, 1989 which reads as follows (iv) Wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe or gets the land allotted to him transferred; And under Section 3 (1) (v) of the SC and ST (Prevention of Atrocities) Act, 1989 which reads as follows (v)Wrongfully dispossesses a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his right over any land, premises or water; in respect of survey number 100/2 and 85/3 Thanisandara Village KR Puram Hobli Bangaluru East Taluka.Request is made to issue necessary directions to Thasildar Bangalore East Taluka KR Puram Bengaluru to immediately remove the fencing and open the only road in front of B R Tennis Academy in Thanisndara . Thasildar has no business in BDA notified area. The Thasildar cannot block the road which is being used by all the adjoining house owners and apartments without due process of law, The tahsildar has blocked road to Tennis Academy in Thanisndara is direct violation of human rights and violation of Section 13 of the Indian Easements Act . An easement is a non-possessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". It is similar to real covenants and equitable servitudes The Act deals with easement of necessity An easement of necessity means an easement without which the property cannot be used at all. Mere convenience is not the test of an easement of necessity. It can be claimed only when there is absolute necessity for it, i.e. when the property cannot be used at all without the easement and not merely where it is necessary for its reasonable, or more convenient enjoyment. A man cannot acquire a right of way as an easement of necessity; if he has any other means of access to his land however more inconvenient it may be than be passing over his neighbours. Bondu Ramawmay is crusader and defender of law and he has won land mark judgment against BDA in Bondu Ramaswamy & Ors vs Bangalore Development Authority ... on 5 May, 2010 CIVIL APPEAL NO. 4097 OF 2010 Arising out of SLP (C) No. 4318 of 2006).Reortedy and he and his family members owns 100/1 and 100/2 and 100/7 in thansanadra Bangaluru and opposite to 100/7 v BR Tennis Academy 80 feet road exists .It is pertinent to note that thasildar has no jurisdiction in BDA notified area of 85/3 even then he has come and erected barricade in front of BR Tennis Academy totally closing the road for BR Tennis Academy and now no one can enter BR Tennis Academy which is an attocity on owners of the land.This road is even used by builders of apartmernt but thasildar has with vested interest has obstructed it illegally. The Tahsildar has blocked road to Tennis Academy in Thanisndara which need to be immediately need to be vacated and as they cannot use the property becuasde of no road and inside people are living and students and coaches of Academy are not able to enter the academy . Police helping the so called thasildar is seen as affront to human rights of people.