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BBMP COMMISSIONER WITHOUT READING SECTION 65 OF LIMITATION ACT CONSIDERS 1905 MAP, NOT CDP, FOR DEMOLITION

 
 
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BBMP COMMISSIONER WITHOUT READING SECTION 65 OF LIMITATION ACT CONSIDERS 1905 MAP, NOT CDP, FOR DEMOLITION
by System Administrator - Wednesday, 31 August 2016, 6:20 AM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: BBMP commissioner N Manjunath Prasad reportedly had said the BBMP will go ahead with its demolition drive against storm water drain encroachments based on the 1905 map (whether drain is defunct or not ) and not the Comprehensive Development Plan (CDP) in total disregard to section 65 of limitation Act and despite the fact that people are present owners have sanctioned plan and A khata issued by BBMP and that to without acquiring the property from them as per law RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT 2013. demolition is illegal . BBMP was sleeping since 1905 and suddenly it cannot become owner and demolish the building without following section 65 of the Limitaion Act.. Adverse possession is when the true owner of a property loses his/her ownership rights owing to inaction on his/her part to remove a trespasser within a statutory period from the property. After lapse of the statutory limitation period for eviction, the true owner is barred from initiating any legal proceeding to repossess his/her property and the trespasser acquires title to that property by adverse/hostile possession. The statutory period of limitation for possession of immovable property or any interest therein, as stipulated in section 65 of Limitation Act, 1963, is 12 years in case of private property and 30 years in case of Government/state/public property from the date since the trespasser adversely possesses the property of the true owner. Revenue records are used even now to prove property ownership but BBMP need to follow section 65 of limitation Act.Karnataka High Court John B. James And Others vs Bangalore Development Authority ... on 7 August, 2000 it was held that "Where the petitioners claim that they are in settled possession for more than 12 years after the land had vested in BDA, it is open to them to approach the Civil Court for a declaration of title by establishing adverse possession for more than 12 years. If anyone, who has trespassed into BDA land or in unauthorized possession of BDA land, has put up a structure and completes and accomplishes the act of possession and continues in such settled possession asserting possession and ownership in himself, openly, peacefully and uninterruptedly to the knowledge of BDA, for more than 12 years, then it is possible for him to contend that he has perfected his title to such property by adverse possession and consequently the title of BDA stood extinguished.People reportsfor several years stormWater Drain are not cleared ,This one of the reason for Bangalore Flooding in recent times. The stormWater Drain arefilled with waste construction materials, cement debris, plastic, leaves etc.,  and presently BBMP is only on demolition drive but demolished debris is not cleaned and it is lying on the drain itself. During rain, the rain water will not flow easily, instead stagnates and form water body, which is breeding ground for mosquitos, reptiles Dengu etc., There is need for cleaning and widening and deepening of all side storm water drains of all roads and all ring roads and state and national high waysthey have actually replaced and re routed and shifted the Rajakalves of earlier revenue Bengaluru and now any other Rajakaluve is not necessary . To me demolition of Bengaluru is not necessary to solve the flooding problem .Now time has come every citizen should file RTI application to find out how many fake bills have been raised for cleaning and widening the storm water drain and roads in each AEE area in BBMP without doing work. Let The Mayor and commissioner demolish the corruption if any exists in BBMP engineering department who allegedly raises fake bills and loot the peace of mind by flooding the Bengaluru.

Karnataka Land Revenue Act, 1964 provisions 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