Site news

LET BDA “RECONVEY” SITES TO HOLDERS UNDER SECTION 38-C OF BDA ACT INSTEAD OF EVICTION ORDERS

 
 
Picture of System Administrator
LET BDA “RECONVEY” SITES TO HOLDERS UNDER SECTION 38-C OF BDA ACT INSTEAD OF EVICTION ORDERS
by System Administrator - Thursday, 3 November 2016, 11:17 PM
 

By : M.S.Yatnatti Editor and Video Journalist Bengaluru : Many eviction orders of BDA have been set aside by courts .. The order of eviction by the Secretary & competent officer, BDA Bangalore was set aside in M.C.A No. 33 / 2014 by order dared 31-10-2015 issued in respect of site no.3970 3RD Main road 17 E cross Banashankari 2nd stage Bangalore : 560070 .Instead of issuing orders of eviction after decades of revenue site holders occupation and enjoyment of developed sites BDA should think of reconvening them to the owners and their heirs as all of them have even perfected their titles by adverse possessions. The title of BDA stood extinguished (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 as per Division Bench order Reported inJohn B. James And Others vs Bangalore Development Authority ... on 7 August, 2000 Equivalent citations: ILR 2000 KAR 4134, 2001 (1) KarLJ 364).

The State Government has rightly decided to regularize 3,699 acres of encroachment of Bangalore Development Authority (BDA) land, which may house an estimated 66,500 sites plus about 20 000 pending files in all about one lakhs sites . For this state government need to amend BDA Act and Rules.This land spread across 68 BDA layouts, has been notified and acquired by BDA during the formation of these respective layouts. However, private individuals though do not have titles over the property have had possession of these lands and has seen development. These private individuals have been enjoying these properties in many cases for more than two decades now. Not just that, most of these cases are currently pending before the courts as the private property owners have either challenged the acquisition or have sought a title deed. Chief Minister Siddaramaiah said that as most of these lands are developed into residential areas, it was not possible for the Government to evict all these residents. "There are only two options here. Either we evict them or regularise them. It is a question of more than 60,000 households. We have decided to regularise these possessions with a fee that is presently being worked out. This will ensure revenue of a few thousand crores to BDA and also solve the issue for the people,” he said adding that the Government had sought legal opinion on the process to be followed for the same. It is good decision as State Government need to amend the BDA Act and rules. Some of the bulk allotments Re-Convey re-allotment and regularisation were made by the Authority in favour of the State and Central Government Organisations, House Building Co-operative Societies and several thousand individualshave been quashed by the High Court of Karnataka in various Writ Petitions because there is no provision in the Act for making bulk allotment and Re-conveyance . Therefore, it was considered necessary to amend the Bangalore Development Authority Act,- (i) to take power to make bulk allotment; (ii) to validate bulk allotment made earlier. Opportunities are also taken to make certain consequential amendments. The Act was amended and section 38-C and VALIDATION Act was introduced in BDA Act. Sevral thousand sites were validated and BDA was in process of issuing sale deeds and R&R department was created in BDA to carry out Re-Convey re-allotment and regularization.While BDA was in process another blow came from supreme court in Bangalore Development Authority ... vs R. Hanumaiah & Others on 3 October, 2005.It was held that "BDA can do Re-Convey re-allotment and regularization only forthe allotment made between 20th December, 1973 to 8th May, 1986 and not prior to that as Section 9 of the Amendment Act validates the allotment made between 20th December, 1973 to 8th May, 1986. Section 38-C only authorises the BDA to allot a site in a development scheme to a person whose land had been acquired. "This apart Section 38-C is prospective in its application except to the extent of the allotment made between 20th December, 1973 to 8th May, 1986 which are saved by Section 9 of the Amendment Act. The resolution of CITB of 1972 agreeing to re-convey the part of the land acquired is not covered by the provisions of Section 9 of the Amendment Act. In the present case, the resolution of the CITB predecessor-in-interest is dated 19.4.1972 and it would not be deemed to be validated by the deemed fiction created by Section 9 of the Amendment Act to bring it within the provisions of Section 38 -C.”.This small mistake of government put 20,000 files pending while it clared several thousand files with this amendment for the resolutions passed between 20th December, 1973 to 8th May, 1986 which were validated and approved by several court orders.But government intension was to solve problems of all the bulk allotments Re-Convey re-allotment and regularisation were made by the Authority since CITB formation in 1945 in favour of the State and Central Government Organisations, House Building Co-operative Societies and several thousand individuals .Now government and BDA have realized their mistake and proposed a small amendment to validation Actto solve this problemand the amendment is instead of "between 20th December, 1973 to 8th May, 1986” the amendment will be in the place of word "20th December, 1973” the following word may be substituted "Since the formation of CITB in 1945” to 30th December, 2015 .Which will make the Validation ActSection 9 of the Amendment Act validates the allotment made between Since the formation of CITB in 1945 to 8th May, 1986. Section 38-C only authorises the BDA to allot a site in a development scheme to a person whose land had been acquired and this will solve more than 20,000 files will be cleared and houses regularized and BBMP can give them A khata and get taxes from them legally.

The order of eviction by the Secretary & competent officer, BDA Bangalore was set aside in M.C.A No. 33 / 2014 by order dared 31-10-2015 issued in respect of site no.3970 3RD Main road 17 E cross Banashankari 2nd stage Bangalore : 560070 .Instead of issuing orders of eviction after decades of revenue site holders occupation and enjoyment BDA should think of reconvening them to the owners and their heirs as all have even perfected their titles by adverse possessions. This was an appeal filed by the appellants aggrieved by the order dated 06-08-2014 by The Secretary & competent officer ,BDA Bangaloreunder Karnataka Public Premises Act (eviction of Unathorised Occupants)Act 1974 .