By : M.S.Yatnatti: Editor and Video Journalist Bangalore : BDA 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. BDA cannot exercised powers illegally, arbitrarily and discriminately giving a go-bye to all norms, guidelines and principles required to be scrupulously followed UNDER statutory power under Section 38 of the BDA Act of 1976 (in short referred to as 'BDA Act'). However, it emanates from Section 38 of the amended BDA Act and Section 9 of the Validation Act, the resolution passed on 17-11-1982 which is within the two cut off dates is enforceable.
Assistant commissioner(R&R) is deliberately delaying to execute the sale deeds in-favor ofand as perapplication of sri Muniswamy s/o Abbaiahdated 21-05-2014 to BDA to execute sale deed (Re-Convey) immediately and forth in respect of two sites 60X90 feet in the name of Sri Muniswamy s/o Late Abbiaihin S No 50 Dookanhalli Indra Nagar Post, HAL 2ND StageBangalore: 560038 (Facing 100 feet Road and opposite doopnahalli bus stop ) which are owned by him and which comes under Re-Convey area as per BDA resolutions Subject No. 378. of the Bangalore Development Authority's meeting dated 17-11-1982 and that promise of CITB/BDAto re-convey is enforceable in law" and as per and under section 38 C of BDA Act 1976 as amended up to date which comes under Re-Convey area as per BDA resolutions and as perSection 5 of the Amendment Act introduced Section 38-C in the Act and Section 9 of the Amendment Act validated the allotments made between 20.12.1973 to 8.5.1986 retrospectively as he is legal heirs to the property which part of S No 50 , Dookanhalli Indira Nagar Post, HAL 2ND Stage Bangalore: 560038 in which already site Number 1-7 etc which comes in S No 50 , Dookanhalli Indra Nagar Post, HAL 2ND Stage have are already beenre-conveyed and registered by BDA in the names of respective owners .
UDD sought many clarifications to amend the BDA Act .But Assistant commissioner(R&R) is deliberately did not provided clarifications to UDD .Many reminders were sent by UDD.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”.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. Several thousand files are pending in Re-Convey Department .Legitimate files are not cleared and sale deeds are willfully delayed. No transparency in Re-convey section. Even the copies of Public documents are not given under RTI Act by Assistant commissioner(R&R) .
BDA re-convey and re-allotment Assistant commissioner is sleeping on the matter and has failed to provide information under RTI Act.. After the Amendment to Section 38 of the BDA Act the Government approved a proposal to upgrade the post of Tahsildar, Re-conveyance to that of Assistant Commissioner in order to expedite the residential works in this area. During the period, 614 Sale Deeds were issued in respect of re-conveyance areas and 207 fresh cases of re-conveyance were approved as per the information available to me through BDA website. Assistant commissioner(R&R) is not clearing the files for which CITB.BDA resolutions are available and they are enforceable as per law. which comes under Re-Convey area as per BDA resolutions and as perSection 5 of the Amendment Act introduced Section 38-C in the Act and Section 9 of the Amendment Act validated the allotments made between 20.12.1973 to 8.5.1986 retrospectively.But it is shocking to note that whopping more than 20917 files are still pending in R & R section of BDA and Assistant Commissioneris sleeping on the matter and he has not bothered even to reply my RTI Application dated 14-09-2012 in this regard.These pending sale deeds pertains to Rajajinagr 2nd and 3rd stage Hosahalli gramathana ,Banshankari 1st stage 2nd stage Sunkenhalli Layout and other areas. Several public representations have been received by BDA. Ministers MLAS MPS and Social workers have given representations for re-conveyance and re-allotments for those 20917 sale deeds.
To complete above task BDA has proposed to government an amendment to BDA Act by a letter dated 18-11-2009 as the CITB/BDA Resolutions were passed before 1973 and BDA Act provide Re-Conveyance after 1973 " In section 9 of BDA(Third amendment Act 1993 Karnataka Act 1994 may be amended as follows 'in place of words "after the 20th day of December 1973 the following word may be substituted "since the formation of CITB IN 1945”If at all BDA want to complete these tasks it need to immediately co-ordinate with Karnataka Government Secretariat urban development department and get the Act amended in the Belagum Session of Legislature which is shortly commencing on December 10 2012 .Or it can after taking legal opinion re-allot to all 20917 persons undersection 38 C (1)(a) of BDA Act 1976& BDARules and Regulations in respect Re-allotment /Re-conveyance sale deed execution as per format available at BDA websiteas per BDAresolution 189/94 dated 28-07-1994for theresolutions passed by CITB since the formation of CITB in 1945.In my view Re-allotments can bemade under section 38 C (1)(a) of BDA Act 1976in respect of Re-allotment as perBDAresolution 189/94 dated 28-07-1994for resolutions passed by CITB since the formation of CITB in 1945as legally there is no need to amend section 9 of Karnataka Act 17 of1994 inview of principal Actunder section38 C (1)(a) of BDA Act 1976permits re-allotments.