By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Zonal Plan as its provisions overrides the provisions of Karnataka Land Revenue Act 1964under section 76 -M ofKarnataka Town & country Planning Act 1961 inrespect oflands coming under local planning authority like BDA and revenue map of 1905 cannot override present CDP .Reportedly The BBMPcommitted 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 while implementing NGT orders as NGT is not the owners of buffer zone properties it need to be lawfully acquired to implement NGT orders.. Forcible implementation ofcourt order ofNational Green Tribunal (NGT)on buffer zone around water bodies and Storm Water Drains (SWD) without following the CDP master plan prepared by BDAthe BBMP will face several court proceedings aswithoutacquiringthe properties to implement NGT order is illegal as NGT is not the owner of the properties on buffer zone. Affected persons are not against the NGT orders implementation but it need to after due process of law and 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 "The Land Acquisition Act 1894 stands repealed and replaced with The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 and Rules 2014 ”.Let the authorities acquire the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 National Green Tribunal (NGT)on buffer zone around water bodies and Storm Water Drains (SWD). BBMP is correct in demolishing structure if they are constructed on existing Storm Water Drains (SWD) land adjoining drains cannot be said to be have been encroached such adjoining land if BBMP wants to retain it as buffer zone then it need to acquire it andcarry out rehabilitation as per law in the interest of justice and for the purpose of protection of Human Right.
1905 British map cannot be directly implemented and are not legally enforceable in CDP area as Deputy Commissioner is hence divested of such power .Deputy Commissioner has no authority to grant change of land use in the Planning area.The question which arises for consideration is whether the special Deputy Commissioner had any power at all to accord permission under section 95 of the Karnataka Land Revenue Act.The chapter II 9Section 9 to 13) of the planning Act provides for preparation of an ODP for every local planning area declared as such under the provisions of the Act.After the Bangalore Metropolitan areas was declared as local planning are under the provisions of the Act, steps were taken to prepare an ODP and after following the procedure prescribed under Section 9,10,11,12 and Sub-sections (1) to (3) of Section 13, the ODP was finally published as required under sub-section 94) of section 13 of the Act on 22-5-1972.The language of Section 14 of the Act is peremptory. According to that provision no change in the land use in respect of land falling within the area of ODP can be made without the written permission of the Planning Authority secured under section 14 of the Act. Subsequently, CDP has also been prepared and approved by the Government on 12-10-1984 and as required by section 23 of the Act published in the official gazette dated 18th October 1984 a written permission for change of land use in respect of land falling within the Bangalore City Planning Area and cverel by the CDP is mandatory.This subsequent notification also ousts the authority of the Deputy Commissioner under section 95 of the Land Revenue Act in respect of lands falling within the Planning area.Special Deputy Commissioner Vs.Narayanappa, ILR 1988 KAR 1398.If anybody violates CDP land use under section 73 of Karnataka town & country planning Act 1961 it is an offence and attract penal provisions wherefore DC can only demand Conversion Fee:If the land is earmarked for residential /industrial purpose under CDP, then Govt has power to demand conversion fee u/s 95 of the Karnataka Land Revenue Act. Market value is determined as per the NA residential and commercial and agricultural and NA residential and commercial and agricultural is determined asper prevailing CDP as per Karnataka Town & country Planning Act 1961
The High Court of Delhi while dealing with the provisions similar to this Act has held that, conversion under the Delhi Development Act by virtue of a statutory provision amounted to statutory conversion the moment an entry is made either in the Master Plan or the Zonal Plan.Kamala Bakshi Vs.Union of India, AIR 1987 Del 180.Authority to accord permission:If the land in question is covered by CDP then, permission for change in land use should be granted by the Planning Authority and Deputy Commissioner is hence divested of such power.In view of the provisions 14, 24, and 76-M of the Act nobody could apply for change of use of any land lying within the area of the CDP only to the planning authority, that is the Bangalore Development Authority and not to the Deputy Commissioner.Even so, after more than one and half years after the DP came into force the Government had issued directions to al the Deputy Commissioners including the Deputy Commissioner, Bangalore, not to reject the permission for conversion of agricultural lands for no-agricultural use assuming the existence of greenbelt.The Deputy Commissioner, Bangalore had no power or authority to deal with any application for change of use of land lying within the area of the CDP and that power vested with the Planning Authority.Special Deputy Commissioner Vs.Bhargavi Madhavan, ILR 1987 KAR 1260.Permission for change in land use:The CDP imposes restriction regarding the use of property and section 14 of the Planning Act read with section 24 provides that for every change of use of land within the planning area, written permission of the Planning Authority is necessary and even if permission had been obtained under any other law, to act according to such permission would not be lawful.Therefore, on and after the date on which the CDP came into force, theDeputy Commissioner stood divested ofhis power under section 95 of the Land Revenue Act to deal with the application of respondents, though presented earlier.Special Deputy Commissioner Vs.Bhargavi Madhavan, ILR 1987 KAR 1260.
The BBMPis forcibly demolishing the properties without paying the compensation andRehabilitation and Resettlement as per Law and that the reason many builders and ownershave got the stay against BBMP.Let the BBMPadministration do proceedings as per The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 and Rules 2014.But affected persons are against the forceful demolition without paying the compensation andRehabilitation and Resettlement as per Law .Abide the law and then implement the master plan road .Forcible implementation Government may face contempt of court proceedings. BBMPshould 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. BBMP cannot exercised powers illegally, arbitrarily and discriminately giving a go-bye to all norms, guidelines and principles required to be scrupulously .(BBMP) implement one court order ofNational Green Tribunal (NGT)on buffer zone around water bodies and Storm Water Drains (SWD) cannot violate basic human rights of owners of land and other hgh court and supreme court orders and law of the land. Prime land adjoining drains is not owned by Government.Suddenly it cannot go and demolish any structure which is lawfully constructed which is now declared as buffer zone around water bodies and Storm Water Drains (SWD) ByNational Green Tribunal (NGT) .The BDA has to define and map all drains in CDP and declare a plan of actionand make a provision in law to acquire 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 Right and declare buffer zone around water bodies and Storm Water Drains (SWD) as ordered By National Green Tribunal (NGT) .