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“VIJAYAPUR DC” “VCMC COMMISSIONER” FELT HEAT FROM HKHC KALBURGI BENCH AS “THEY DID ILLEGAL DEMOLITIONS”

 
 
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“VIJAYAPUR DC” “VCMC COMMISSIONER” FELT HEAT FROM HKHC KALBURGI BENCH AS “THEY DID ILLEGAL DEMOLITIONS”
by System Administrator - Friday, 24 June 2016, 12:48 AM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru : The Vijayapur residents who are continuously fighting for justice today got respite from HKHC Kaburgi bench as it issued orders and brought to the notice of both officers that on 20-10-2014 in utter violation of laws of land and in violation ofThe Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 the properties of petitioners were demolished by city municipal corporation and court directed to act per section 26 and 28 of the Act and negotiate with petitioners and it is hoped that and compromise entree between the petitioners and respondents can be submitted before the court and court issued orders for personal presence of DC and commissioner of corporation on 07-07-2016 . . Senior Advocate Mr Vijay Kulkarni of Mumbai high court has simply created this law awareness in Bijapur City. Human right commission also acted in favor of public and demanded an enquiry by an officer equal to the rank of regional commissioner but RC failed to take action as per law . If the designated lands are not acquired within five years of master plan the designation gets lapsed and lapsed master plan cannot be implemented.

Forcible implementation of master plan DC will face contempt of court proceedings and Additional Chief Secretary will face contempt proceedings in the PIL as they have given undertaking that there is no proposal to acquire the properties to implement master plan projects in HKHC . Affected persons are not against the road widening project as per so called master plan implementation project which is lapsed after five years as land acquisition proceedings were not initiated within five years period as per KTCP Act . "The Land Acquisition Act 1894 stands repealed and replaced with The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 and Rules 2014 ”.Let the authorities acquire the affected properties as per The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 and Rules 2014 and pay the compensation and do Rehabilitation and Resettlement as per Law and then implement the master plan road .The DC corporation is forcibly demolishing the properties without payingthe compensation and do Rehabilitation and Resettlement as per Law and that the reason more than 20 people have got the stay against district administration .Let the district administration do proceedings as perThe Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 and Rules 2015 and reportedly affected persons are ready to withdraw the cases to pave the smooth implementation of master plan projects .But affected persons are against the forceful demolition without payingthe compensation and do Rehabilitation and Resettlement as per Law .Abide the law and then implement the master plan road .Forcible implementation DC will face contempt of court proceedings and Additional Chief Secretary will face contempt proceedings in the PIL as they have given undertaking that there is no proposal to acquire the properties to implement master plan projects in HKHC . It is publicly stated that Bijapur/ Vijayapur City Corporation 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. Bijapur/ Vijayapur City 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.Apart from master plan roads need to be implemented by Vijayapur development authority and not by Vijayapur corporation..Mr Kulkarni has petitioned a complaint to KSHRC against DC Vijayapur for human right violations and Government UDD and Regional Commissionerhas failed to conduct an inquiry as desired by KSHRC and just forwarded DC fake reply to commission without conducting an inquiry .WhereforeMr Kulkarni has demanded KSHRC to take action on DC as per Human right protection Act by saying that "Hence it is further submitted the balance of convenience is heavily in favour of the Victims and Property Losers whose properties have been demolished without even acquiring as per New Land Acquisition Act and Rules hence this Hon'ble Commission be pleased to allow the present Complaint and issue orders for taking action against DC Vijapur for human right violation and issuing orders for paying compensation to victims as per "RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT 2013. (New Act) and carry out rehabilitation as per law in the interest of justice and for the purpose of protection of Human Rights..

The Vijayapur (Bijapur) DC who is also chairman of Vijayapur (Bijapur)Development authority(Bijapur)as committed blunders and human right violations by demolishing poor people's properties without acquisition of land by following due process of Law and committed human rights violations .Till today KSHRC has not taken any action against culprit DC .The Bijapur DC is createdunwarranted controversy and bringing Bad name to the Chief Minister and Bijpur District in charge Minister of Karnataka by demolishing poor people's properties without acquisition of land by following due process of Law .Bijapur City Corporationor Bijapur DCwho is also chairman of Bijapur Development authority need to have first acquired the land designated for master plan for roads and pay compensation, relief and rehabilitation as per The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 and rules published by state government and then implement the road widening project .Bijpur residents demanded this from DC and when Bijapur DC did not heed these legal demands then The Bijapur several residents have gone to high court on this simple plea and got the stay orders. Even a PIL was filedin Karnataka high court which was disposed after Government filed affidavit that it has no proposal for acquisition as per lapsed master plan

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. Similarly Section 177 of KMC Act need to be read with replaced Act. Affected people are filing PIL and already have filed criminal cases by way of PCR against DC and Commissioner of Bijapur City corporation for illegal tress pass and entering their property and demolishing without authority of law . Bijapur police need to book FIR against DC and Commissioner of Bijapur city corporation for violating new land acquisition Act and tress pass under section 188 and 166 and 166A 447 AND 448 of IPC . Reportedly several hundred affected people are protesting illegal implementation of master plan in Bijapur by DC and Bijapur City Corporation.Senior advocate from Mumbai high court Mr Kulkarni is spearheading the campaign for lawful implementation of master plan and he has written a small booklet to create awareness among Bijapur residents. He has written a blog on internet at http:// advocatevijaykulkarni.wordpress.com .People have stared questioning Bjapur Deputy commissioner to act as per new land acquisition Act and KTCP Act 1961 as UDA Actand KMC Act and acquire the land and propertiesfor road widening project as per new land acquisition Act andCDP as per KTCP Act and then start demolition of properties so acquired for development schemes or town planning schemes as per law . It is publicly stated that Bijapur City Corporation 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. Bijapur City 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 implementing master plan , for roads ,streets parks andparking spaces