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THASILDAR BENAGALURU EAST TALUKA VIOLATES EASEMENT RIGHTS BY CLOSING ONLY ACCESS ROAD TO “B R TENNIS ACADEMY” IN THANISNDARA

 
 
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THASILDAR BENAGALURU EAST TALUKA VIOLATES EASEMENT RIGHTS BY CLOSING ONLY ACCESS ROAD TO “B R TENNIS ACADEMY” IN THANISNDARA
by System Administrator - Thursday, 5 January 2017, 4:38 AM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Blocking the only road is nothing but encroachment of public right of way by easements as Easement right is the right one property holder holds over another's property for the beneficial enjoyment of the former's property. The B R Tennis Academy in ThanisndaraThus, have established a right of easement by way of prescription, the following criteria have been satisfied:1. There must be a pre-existing easement which must have been enjoyed by the dominant owner,2. The enjoyment must have been peaceable,3. The enjoyment must have been as an easement,4. The enjoyment must have been as of right,5. The right must have been enjoyed openly,6. The enjoyment must have been for a period of twenty years,7. The enjoyment for 20 years must have been without interrruption and 8. The period of twenty years must have ended within a period of two years immediately preceding the date of suit claiming such easement.The first seven points were specifically pointed out by the honourable High Court of Kerala in Krishnan v. Nanukuttan reported in Indian Law Reports 1986 (1) Kerala 526. The last point, though not enumerated, is an integral part of the section, to be satisfied too.Some casel aws and citations on the topic:Justiniano Antao v. Bernadette B. Pereira - (2005) 1 SCC 471Krishnan v. Nanukuttan - ILR 1986 (1) Kerala 526Simon v. N. Jayanth - 1986 KLT 457Ibrahimkutty v. Abdul Rahumankunju - 1992 (2) KLT 775 (Kerala) Badariya Madrassa Committee v. Antony Robert - 2006 (2) KLT 636.It is shame less act of Thasildar to close a only road in front of B R Tennis Academy in ThanisndaraClosing the only road is violation of easement rights and human rights and legal rights. Thasildar Bangalore East Taluka has violated several court orders cited with in his letter to DC. An attempt is made by few vested interests to disposes SC/ST persons holding landed property by closing the only road .This is a classic case of exhibiting the style of functioning of revenue officers 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. They have exercised powers illegally, arbitrarily and discriminately giving a go-bye to all norms, guidelines and principles required to be scrupulously followed for taking possession of the any government property if at all it belongs to it.In this case it does not belong to Government . ILR 2003 KAR 5088 which held that "if the land falls within the category of 21(2)(a) (A Kharab) it is not a government land, it belongs to the ownership of the owners .The arbitrary exercise of power by the officers for demolition of the existing structures and closing the only road ofthe property in question, shocks the conscious ofcitizens of Bangalore..Bondu Ramaswamy made request to Bengaluru Urban DC to issue necessary directions to Thasildar Bangalore East Taluka KR Puram Bengaluru to immediately remove the fencing and open the only road in front of B R Tennis Academy in Thanisndara. Closing the only road is violation of easement rights and human rights and legal rights. Thasildar Bangalore East Taluka has violated several court orders cited with in his letter to DC. An attempt is made by few vested interests to disposes SC/ST persons holding landed property by closing the only road. And as these properties belong to SC/ST persons and attracts Section 3 (1) (iv) of the SC and ST (Prevention of Atrocities) Act, 1989 which reads as follows (iv) Wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe or gets the land allotted to him transferred; Andunder Section 3 (1) (v) of the SC and ST (Prevention of Atrocities) Act, 1989 which reads as follows (v)Wrongfully dispossesses a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his right over any land, premises or water; in respect of survey number 100/2 (100/7) and 85/3 Thanisandara Village KR Puram Hobli Bangaluru East Taluka.