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“G” CATEGORY” “GOVERNMENT IS AT LIBERTY AS PER COURT ORDER TO AMEND BDA ACT AND RULES”

 
 
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“G” CATEGORY” “GOVERNMENT IS AT LIBERTY AS PER COURT ORDER TO AMEND BDA ACT AND RULES”
by System Administrator - Tuesday, 10 February 2015, 3:43 AM
 

By : M.S.Yatnatti Editor and Video Journalist Bangalore :Amendment Act is suggested by experts to amend BDA Act as it is proposed to clear 20,000 Re-Convey files and to validate about 5000 "G” category allotment orders made since 1997Government can easily resolve the "G” category sites issue by amending BDA Act and Rules as order in WP 23475/2010 dated 25-08-2012 gave liberty to frame appropriate rules."G” category sites allotments were made to persons in public life to several thousand persons since 1997 recommended and made by the government since 1997 and BDA allotted sites to them and "G” category allotments made to several thousand individuals have been quashed by the High Court of Karnataka in various Writ Petitions stating that there is no provision in the Act for making "G” category allotments (though it is disputed). Therefore, it was considered necessary to amend the Bangalore Development Authority Act,- (i) to take power to make "G” category site allotments by Government ; (ii) to validate "G” category allotmentsmade earlier since 1997 by orders issued by Government and BDA to honor all allotments orders of Government made from 1997 . Opportunities can also be taken to make certain consequential amendments.

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”.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.