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

 
 
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AFTER 40 YEARS “BDA” EVICTION ORDER TO 152 RESIDENTS IS ILLEGAL CAPRICIOUS AND UNWARRANTED IN BANASHANKARI III STAGE
by System Administrator - Friday, 18 March 2016, 11:39 PM
 

By : M.S.Yatnatti Editor and Video Journalist Bengaluru : After 40 years issuing notice of eviction is illegal.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 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).