By : M.S.Yatnatti: Editor and Video Journalist Bangalore : As per RTI Act under section 4(1) (a) (b) (c) (d) Assistance Commissioner (R&R) , Bangalore Development Authority need to publish all Resolutions passed by CITB/BDA in respect of Re-Conveyance /Re-Allotment /Regularisation and names and details of site allotted and sale deeds on website of BDA.Let Assistance Commissioner (R&R) provide all RTI applicant all certified copies of all Resolutions passed by CITB/BDA in respect of Re-Conveyance /Re-Allotment /Regularisation as words used are 'regularisation' and 'reallotment' of site. but it is implicit in the resolution of the bda that what is really meant by regularisation and reallotment of the site was only reconveyance of the site like Resolution No. 39, dated 7-11-1979 relating to Gokul Extension, Resolution No. 378, dated 17-11-1982 and Resolution No. 506, dated 25-4-1987 and Proceedings of the meeting of the BDA, Bangalore held on Saturday the 21st June, 1980 Subject No. 629 other resolutions passed by the authority from time to time between 20.12.1973 TO 8.5.1986 and 1945 to 20.12.1973 as day today work of Assistance Commissioner (R&R) , Bangalore Development Authority depends on these Resolutions.It is held that Section 38-C after its incorporation in the BDA Act it had lifted Ban on re- conveyance "State of Karnataka amended the Bangalore Development Authority Act, 1976 by the Bangalore Development Authorities (3rd Amendment) Act, 1993 (for short "the Amendment Act") which came into force with effect from 31st March, 1994. Section 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 .Section 38-C and Section 9 of the Amendment Act are :- "38-C. Power of Authority to make allotment in certain cases had lifted Ban on re- conveyance.
It is held in Supreme Court order that "Taking note of Section 38-C read with Section 9 of the Amendment Act it was held that the provisions of Section 9 were fully applicable to the allotments made to the appellants during the period 1984-85. It was observed in later part of para 10 as under:- "...Even if it is assumed that the basis for the allotment of sites to the appellants was not the same as has been provided by the Amendment Act under Section 38-C, but that would not invalidate the allotments because the deeming fiction crated by Section 9 of the Amendment Act would bring the allotments within the purview of Section 38-C. The effect of the deeming fiction is that even though these allotments may not have been made under Section 38-C they would be saved by Section 9 of the Amendment Act by virtue of the deeming fiction." It was further observed in para 11 as under:- "Even otherwise we are of the view that the resolution of BDA did substantial justice to the appellants. A situation was created where it may not have been possible for BDA to implement the scheme. The BDA entered into a settlement with the farmers and took a conscience decision to allot plots to them.
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.
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 per Section 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 .