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by System Administrator - Monday, 11 April 2016, 1:19 PM

By : M.S.Yatnatti: Editor and Video Journalist Bangalore : In respect of BRTS project Hubi - Dharwad legal fight by property owners continues and they demand better compensation or flyover and court has directed not to evacuate buildings of those who have approached court questioning land acquisition according to Mumbai high court lawyer Vijaya Kulkarni who is arguing in favor of petitioners He says that BRTS is failure in India and it need to be scrapped at Hubli Dharwad .

The different reports few in favor and few against need deeper consolations in respect of BRTS. People cannot be stopped from using their own vehicles at BRTS.BRTS cannot act like a railway line where only rail is allowed to ply. Mixed traffic will certainly make BRTS as a biggest failure. And it is failed all over India...Stop creation of black money .State government has to rethink on the BRTS project as it is failed in India as per Parliamentary panel on BRTS and instead of dumping money in the BRTS pits which will have no resale value .It is public tax payers money cannot be dumped like this and this absurd manner knowing fully well that it is not in the best interest of public This money just end up in corruption and help create black money ... BRTS is failure in India..The Bus Rapid Transport System (BRTS) failed and even the Metro rail project will increase the inconvenience of people, observed a two-judge bench headed by Justice Anant Dave of the Gujarat high court. In yet another oral observation, the bench said the state government had come up with a new idea to increase people's inconvenience every two to five years. These caustic comments were made by the high court while hearing a petition challenging land acquisition in Vejalpur for MEGA (MetroLink Express for Gandhinagar and Ahmedabad). Last week, 22 residents of Vejalpur had moved the high court against the proposal to acquire their properties for the North-South corridor of Metro rail project. The state government, however, assured the court that no house will be razed until the final outcome of the hearing of the petition. Advocate general Kamal Trivedi said that the social impact assessment report will be prepared by an expert committee by March this year and submitted to the state government which will then take a call on it. Trivedi further said that the government wants a dialogue with residents who had challenged the Metro's South-West corridor.While hearing the case, Justice Dave asked the advocate general Trived whether any project apart from the BRTS and Metro is planned."Is it a planned development? You have some past experience from which you will like to learn," said Justice Dave. Trivedi replied: "The lacunae of BRTS will not be repeated." The petitioners had claimed that the proposed acquisition of their houses and shops by MEGA is not in accordance with the Land Acquisition Act of 2013. MEGA is not ready to provide anything beyond cash compensation which is a violation of the Act. In addition to cash, resettlement and rehabilitation are also part of the scheme of compensation, the petitioners said.

The Land Acquisition Act 1894 stands repealed and replaced with The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 and wherever the " The Land Acquisition Act 1894” appears in any law it is replaced and read as The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013

It is publicly stated that KRDL 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. BRTS 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.

BRTS is a failure, Parliament panel tells Delhi govt: Terming the Bus Rapid Transit System (BRTS) in the capital as a "failure", a parliamentary committee has suggested that the Delhi government scrap other five approved BRT corridors and asked other cities too to exercise caution .The 13-member Standing Committee on Urban Development headed by MP Mohd Salim is of the view that a thorough scientific feasibility study of each city should be taken up before implementing BRTS.Proposals for BRTS have been approved for Ahmedabad, Bhopal, Indore, Pune, Vijayvada, Vishakhapatnam, Jaipur and Rajkot.The committee in its latest report has noted that despite all the potential benefits of BRTS, its implementation recently in Delhi has left much to be desired.Referring to media reports, the committee observed that the "Delhi model of BRT based on Bogota model was a failure." Instead, the committee has advocated strengthening of Metro network along with strong feeder bus service covering all parts of the city.BRTS, which entails dedicated lanes for high capacity buses, aims at providing smooth and affordable transport facility to the public. Considering the low cost and easy implementation many cities are slated to be coming up with BRTS proposal to be funded under Jawaharlal Nehru National Urban Renewal Mission (JNNURM). Many persons think BRTS is 30% success and 70% failure. The reason for this is that the routes built for BRTS are also used by the private cars and bikes.They use this just to avoid traffic and save time.Also there is no proper vigilance of traffic police on these routes to stop the private owners of the vehicles to enter the BRTS route.Most of the time the signalling of the route is not working adding to the already present chaos.There has been a lot of accidents over this routes because of non functioning of the signals.Also the road have become narrowed causing traffic jam. The only point i think that have improved is the speed of public transport has been increased and people are motivated by this reason to use the public transport.

Plan, regulate, control, monitor and facilitate urban development in The Hubli-Dharwad Urban Development Authority (HDUDA) , to ensure sustainable and orderly growth. Revision of Master Plan under Section 13 of KTCP Act- At least once in every 5 or 10years from the date on which the Master Plan has come into force, subject to the provisions of section 13-C, the Planning Authority may and if directed so by the State Government shall, carryout a fresh survey of the area within its jurisdiction, with a view to revising the existing Master Plan and the provisions of section 9 to section 12 (both inclusive) shall mutatis mutandis apply in respect of such revision of the Master Plan.” And enforcement is done under section 14 of KTCP Act Enforcement of the Master Plan and the Regulations--[(1) On and from the date on which a declaration of intention to prepare a Master Plan is published under sub-section (1) of section 10, every land use, every change in land use and every development in the area covered by the plan subject to section 14-A shall conform to the provisions of this Act, the Master Plan and the Report, as finally approved by the State Government under sub-section (3) of section 13.].Preparation of Comprehensive Development Plan for the (HDUDA) Area . (HDUDA) is the Planning Authority for Hubli-Dharwad Planning Area. Comprehensive Development Plan will be revised once in 10 years as per section 25 of K.T. & C.P. Act 1961. Conclusion: Reportedly People have stared questioning Hubli-Dharwad Deputy commissioner to act as per new land acquisition Act and KTCP Act 1961 as UDA Act and KMC Act and acquire the land and properties for road widening project as per new land acquisition Act and CDP as per KTCP Act and then start demolition of properties so acquired for development schemes or town planning schemes as per law.

The Hubli-Dharwad Urban Development Authority (HDUDA) is planning authoritywhich has preparedmega infrastructure development project to facilitate the overall growth of the twin cities. Mega projectincluded development of residential and industrial areas, playgrounds, better road network keeping in mind the future requirements of the growing twin cities. The Hubli Dharwad Urban Development Authority is working as a planning authority under the Karnataka Town and Planning Act, 1961.

(HDUDA) is the Planning Authority for Hubli-Dharwad Planning Area and KRDCL has no business in planning area to implement any road project within city .KRDCL has taken up widening and up-gradation of State highways for a length of 1055 Kms, out of which a length of 601 Kms has been completed already.Whereas it has no power to work inside city as it is covred by The Hubli-Dharwad Urban Development Authority (HDUDA). Hubballi-Dharwad BRTS is a proposed BRTS project being built to serve the twin cities of Hubballi and Dharwad, located in the North-Western part of Karnataka state in India. The construction is funded by the Government of Karnataka, while the operation and maintenance work will be done by Hubli-Dharwad Municipal Corporation (HDMC) in association with Karnataka State Road Transport Corporation (KSRTC).