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ACQUISITION LAPSED AS BDA DID NOT ACQUIRED LAND DESIGNATED FOR SWR BUFFER ZONES AS PER CDP 2015

 
 
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ACQUISITION LAPSED AS BDA DID NOT ACQUIRED LAND DESIGNATED FOR SWR BUFFER ZONES AS PER CDP 2015
by System Administrator - Friday, 26 August 2016, 12:56 PM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: The land designated for open spaces including for buffer zones is not acquired as per CDP 2015 page 39 has lapsed as BDA did not acquired the land and BBMP has no right to demolish the structure on buffer zone of storm water drains.BDA has reserved land for Park and Open space land use as per RMP-2015 many of them were earlier in residential zone in RMP-2005.Open spaces include buffer zones for storm water drains as per CDP 2015. People's argument is valid. Their anger is fuelled by knowledge that clearances are given based on CDPs and RMPs. Even the Karnataka high court had in 2012 ruled the RMP must be the final document for granting of clearances. Page 39 of the RMP reads: "...In case the buffer has not been marked due to cartographical error for any of the above types of drains, then based on the revenue records, buffer shall be insisted in all such cases without referring the land use plan while according approval for building development layout plan." BBMP argues that not just the buffer zone -buildings in which BBMP has not included in its drive -the rules are the same for drains. " All approvals have to be given based on the revenue map," says BBMP .Even if we agree that BBMP is right its action is time barred .After 12 years even a tress passer perfects it title by adverse possession. The why not a person who has legally got the land by BDA and DC converted land.Let BBMP make storm water drain but let it acquire the land as BBMP is presently as per law not the owner as per Limitation Act. BBMP should read this also in the same page 39 "Any land falling within the valley for which permission has been accorded either by the Authority or Government, and then such permission shall be valid irrespective of the land use classification in the RMP 2015. Fresh permissions for developments shall not be accorded in valley zone. This means earlier approvals and sanction already given stands valid and BBMP has no right to demolish them in the name of old revenue maps.

In view ofBDA not acquiring the landwithin five years of notifying the Comprehensive Development Plan (CDP), as per the circular issued under the provisions of Section 69(2) of the KTCP Act and as per several court order citations allowing conversions for the lands not acquiring the land by the BDA, within five years of notifying the Comprehensive Development Plan (CDP) AS PER court orders citations. The government circular directing all the Urban Development Authorities (UDAs) to give back private lands earmarked as park and open space to the original owners if they fail to acquire them within five years. Land earmarked as park and open space has to be acquired by the UDAs, including  the BDA, within five years of notifying the Comprehensive Development Plan (CDP), as per the circular issued under the provisions of Section 69(2) of the KTCP Act.If not, the original owners of such lands can take their property back from the UDAs, and the UDAs will have to hand over such lands by changing the zoning regulation (other than park and open space). The UDAs can also give permission for any kind of land use (like residential or commercial or industrial), depending on the kind of development in the surrounding areas, as per the circular.BDA need to process , the original land owners' applications seeking land use conversionType of land use conversion will depend on kind of development in the surrounding areas. If there is commercial development in the surrounding areas, permission can be given for commercial use for such lands, As the UDAs were unable to acquire those lands, number of original land owners have dragged the Authorities to court. Type of land use conversion will depend on kind of development in the surrounding areas. If there is commercial development in the surrounding areas, permission can be given for commercial use for such lands .It was held by Karnataka high court that "petitioners have produced proof of such ownership. It is claimed that lands adjacent to such lands are being used for residential purposes. The revised comprehensive development plan under the provisions of the Karnataka Town and Country Planning Act, 1961 (hereinafter referred to as 'the K.T.C.P. Act', for brevity) was said to have been published on 12.11.2003 and in terms of Section 69(2) of the K.T.C.P. Act, the designated land was to be utilised for the purpose for which it was earmarked, within five years from the date of publication of the Master Plan and that if the authority failed to comply with the mandatory requirement, the designation would deemed to have been lapsed entitling the land owner to utilise the land and enjoy the same. The respondents, admittedly, had not takenany steps to acquire the land, and therefore, it is the case of the petitioners that the designation is deemed to have lapsed by operation of law and hence the petitioners had applied for change of land use and to utilise the land for the residential purpose and had submitted the necessary documents such as survey report and the P.T. sheet to the competent authority.The same having been rejected, thepetitioners are before this Court. Since the law is well settled that if once the land is designated under the Comprehensive Development Plan or the Master Plan in terms of the K.T.C.P. Act and if the same is not acquired, the designation would lapse after a period of five years. In the instant case the designation has lapsed as early as in the year 2008. However, the authority not having acquired the same nor having redesignated land for any particular purpose under any fresh Master Plan or under the provisions of the K.T.C.P. Act, the land would be available for the petitioners to utilise the same in accordance with law. Therefore, even seeking permission from the authority did not arise in any event such permission having been sought and the same having been rejected is not supported by any legal provision. Therefore, the petition is allowed summarily. The endorsement impugned is quashed. The land is availableto the petitioners to be utilised in the manner known to law.In terms of Section 69(2) of the K.T.C.P. Act, the designated land was to be utilised for the purpose for which it was earmarked, within five years from the date ofpublication of the Master Plan and that if the authority failed tocomply with the mandatory requirement, the designation woulddeemed to have been lapsed entitling the land owner to utilise theland and enjoy the same. The respondents, admittedly, had not taken any steps to acquire the land, and therefore, it is the case of thepetitioners that the designation is deemed to have lapsed by operationof law.

Karnataka Land Revenue Act, 1964provisions cannot override under section 76 of the Karnataka town & country planning Act 1961 . If anybody violates CDP land use under section 73 of Karnataka town & country planning Act 1961 it is an offence and attract penal provisions. 14. enforcement of the outline development plan and the regulations: (1) On and from the date on which a declaration of intention to prepare an outline 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 shall conform to the provisions of this Act, the Outline Development Plan and the regulations, as finally approved by the State Government under Sub-section (3) of Section 13." .Once the Layout is approved by BDA/DC converted the land it loses the character of agricultural land and the layout is sanctioned based on relinquishing 45 % the open spaces and roads and drains to planning authorities /BBMP and question of they encroaching the areas as per revenue map does not arise as revenue map by then loses its agricultural features after development .Stop demolitions based on 1905 revenue maps as they pertains to agricultural lands abd based on Karnataka Land Revenue Act, 1964provisions cannot override under section 76 of the Karnataka town & country planning Act 1961 : Question of separate existence of Rajakalves and drains and canals does not arise once the agricultural lands were converted into residential areas the road and attaché drains were formed in layout . Rajakalves and drains were merged with Layout roads and separate drains and lands were leveled and made into residential areas after conversion from agricultural to residential uses and about 15% of spaces were used for roads and drains within road width areas. Zonal Plan as its provisions overrides the provisions of Karnataka Land Revenue Act 1964 under section 76 -M of Karnataka Town & country Planning Act 1961 in respect oflands coming under local planning authority like BDA and revenue map of 1905 cannot override present CDP. Canals appearing in revenue maps based on Karnataka Land Revenue Act 1964 cannot be enforced for converted lands as new road and attaché drains were formed in layout. How to solve water drainage problem: Drainage system : As there is urgent nee BDA is the planning and development authority for Bangalore Metropolitan Area covering 1279 sq km. The Comprehensive Development Plan (CDP) of Bangalore was prepared by BDA for the first time in 1984 under the Town and Country Planning Act, 1961. The government approved the Revised CDP in 2015which is still in force.In the Mean while The Karnataka high court on Tuesday asked the authorities not to demolish a multi-storey building in Bilekahalli, southeast Bengaluru, as long as the sanction plan issued by BBMP stood valid.Justice Anand Byrareddy made the observation while disposing of a petition filed by SN Builders and Developers and its managing partner Shah Sanjay . The petitioners have accused the officials of harassing them though they had constructed the building based on a valid sanction plan issued by the civic authority. The judge wondered how could the authorities demolish any building when the sanction plan issued by them is valid. Even the Bangalore Metropolitan Task Force (BMTF) is in a fix and it has sent a communication seeking clarification as to why a century-old village map or the master plan should be taken into account while determining the cases on hand, they added. Earlier, Justice Reddy wondered if there's any compensation mechanism for people who have lost their houses overnight. "Where do these people go for a shelter? Is there any compensation mechanism in place? Nobody is talking about these aspects," the judge said.On use of revenue maps, the judge said a house owner cannot be expected to know the survey number of any area heshe is living.The government advocate informed the court that the demolition exercise was undertaken only on encroachments on storm water drains and no action is being taken in cases pertaining to buffer zone as the issue is still pending before the Supreme Court after National Green Tribunal verdict. BBMP has requested people to remove encroachments on their own, based on the maps http://bbmp.gov.in/en/web/guest/encroachment-details

How to solve water drainage problem without demolishing legal buildings: Raja Kalves were things of past in agricultural era of 1905 and today it need to be replaced with big storm water drains on both sides of existing roads in present era of urbanaisation. .Do not demolish the buildings as per revenue map of 1905 water drainagesystems which presently do not exists. Bangalore today has Ring Road System of roads like Ring Road and Outer Ring Road and Many double roads and 100 feet and 200 feet roads which were not there in 1905 revenue survey maps but while planning good storm water drainage systems could have been made and constructed. Presently instead of demolishing in the name of solving water drainage problem BBMP can plan 20 feet deep and 20 feet width concrete storm water drainages on both side of System of roads like Ring Road and Outer Ring Road and Many double roads and 100 feet and 200 feet roads with correct road slopes and contours which can solve entire Bengaluru storm water drainage problem.. But today it has very low width low deep storm water drainage both side which have no capacity to drain out big rains water draining capacity. Let BBMP demolish the structures which are constructed on existing drains even though it is not shown on the map. Drainage system: As you widen the roads at the same time you need to widen the drains and deepen to drain out the water outside the city . The drainage system is an essential part of living in a city or urban area, as it reduces flood damage by carrying water away. Fundamentally, the existing infrastructure and drainage system in the city cannot handle the excess water whenever there's a downpour. Originally, stormwater drains in Bangalore were designed in keeping with the three valleys that run across the city --- Vrishabhavathy, Hebbal and Koramangala-Challaghatta. They served the purpose so long as the population of the city was within a certain limit. The unprecedented growth of Bangalore, unaccompanied by the necessary infrastructure, has precipitated problems of a large magnitude. The city drainage system comprises major drains which need to widenedas you are widening roads , roadside drains and shoulder drains need to be widened , otherwise all of which get overburdened during the rainy season and city may submerged like Chennai disaster happened recently. Design New Drainage for Bengaluru: Flood risks and drainage are key considerations when planning all new suburbs. Today, underground drainage systems are generally designed to cope with frequent storms - those with a 20% chance of occurring in a year. Any excess water travels along planned overland flow paths that carry water away from properties. This prevents them from flooding in the majority of storms - up to those with a 1% chance of occurring in a year.We also look at other benefits when designing drainage systems, including the impact on rivers and creeks. For example, when building drainage inBengaluruwe also need to installgross pollutant traps, which capture large litter items like plastic bags, bottles, newspapers and cigarette butts to prevent them being washed into rivers and creeks. We need to createBasin to include a wetland to improve storm water quality, provide greater flood protection, and allow stormwater to be harvested to water harvestingopen spaces. Entering stormwater drains is dangerous and illegal, and could cost you your life or endanger others who rescue you. What's required is a comprehensive approach to the problem, which essentially involves putting in place a new widened sustainable drainage management system as in developed countries. A storm water drain renovation and widening and deepening and management project had to be prepared for Bangalore andimplementation it without delay. In the meantime, risk assessment of vulnerable areas must be carried out and corrective measures taken to minimize them.Bangalore has Ring Road System of roads but while planning good drainage systems could have been made and constructed .But it has very low width drainage both side . Drainage system: Several hundred buildings have been demolished by BBMP engineers alleging that they had encroached Rajakalve .But this will not solve the Bengaluru water drainage problem.The blunder committed by urban planners .No wide and deep drainage systems is planned as per requirements of city growth.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 high 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) .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.BDA Town Planning Departmentneed to prepare under section 6 of KTCP Act andrule 30 of The Karnataka planning Authority Rules 1965has to keep present land use register and mapwith the particulars mentioned in rule 30. But as per town planning Act and rulesit should have kept Land use Register and Map for each of the property but it has prepared none which is blunder committed by TPM BDA .And then how many cases of CDP violations were registered by BDA / BBMP / and other development authorities under their respective Acts since 1987 till date is not known ? How many cases of CDP violations were legalized in the CDP revision / modification by the authorities by way of reported unlimited corruption is not known? in Bangalore city , many building complexes , buildings have been built fully violating building bye-laws - no set off , no parking space , no  emergency fire exit , no earthquake tolerant . What action by BDA / BBMP / KIADB / GOVERNMENT have taken not known to the public? How many cases of building bye-laws violations has been registered by BDA / BBMNP / KIADB / GOVERNMENT since 1987? What is the action status report year wise? How much of BDA / BBMP / KIADB / GOVERNMENT lands, sites, buildings & houses have been illegally occupied by criminal trespassers since 1987 ? Have the BDA / BBMP / KIADB / GOVERNMENT registered criminal cases against each such illegal occupation? If not why ? Provide status report year wise? How you are monitoring the net wealth growth of some BDA / BBMP / KIADB / GOVERNMENT officials & their family members, who have land acquisition / de-notifying , land usage conversion authorities ?.. Revision of Master Plan under Section 13 of KTCP Act- At least once in every ten years 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.”

Conclusion: Those who are in settled positions BBMP need to give them compensation before demolitions of their buildings as law of limitation applies and they are owners by adverse possessionsAlmost all those who will lose their houses are also losing their life savings. Human Rights activists have come down heavily on the recent arbitrary and ad-hoc demolition drives taken up the government without giving any thought about rehabilitation for the displaced citizens. It is necessary for the government to create a record of destruction, which is not being followed here. Errant people cannot be satisfactorily hauled up in a court at a later stage if there are discrepancies,. It should follow all laws related to rights and related to its demolitions rights .Human rights cannot be violated while demolitions .The BBMP commissioner and it officials have 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 while implementing NGT orders as NGT is not the owners of buffer zone properties it need to be lawfully acquired UNDER The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 to implement NGT orders.. Karnataka Land Revenue Act, 1964provisions cannot override under section 76 of the Karnataka town & country planning Act 1961 . If anybody violates CDP land use under section 73 of Karnataka town & country planning Act 1961 it is an offence and attract penal provisions. 14. enforcement of the outline development plan and the regulations: (1) On and from the date on which a declaration of intention to prepare an outline 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 shall conform to the provisions of this Act, the Outline Development Plan and the regulations, as finally approved by the State Government under Sub-section (3) of Section 13."