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THE “BDA COMMISSIONER” RAJKUMAR NEED TO DIRECT THE BDA AC (R&R) TO RESURVEY LAND & RE-CONVEY SITES TO SRI MUNISWAMY

 
 
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THE “BDA COMMISSIONER” RAJKUMAR NEED TO DIRECT THE BDA AC (R&R) TO RESURVEY LAND & RE-CONVEY SITES TO SRI MUNISWAMY
by System Administrator - Wednesday, 11 January 2017, 3:49 AM
 

By : M.S.Yatnatti: Editor and Video Journalist Bangalore : Reportedly Muniswamy and his family has filed a case inOS No 3009/2010 and filed FIR in Indiranagar Police Station for tress pass under section 448 of IPC as in the guise of S.No42 (site Numbers1198 and 1199 ) Dookanhalli Villlage nobody can be allowed to tress pass in land of Muniswamy existing in S No 50 , Dookanhalli Indira Nagar Post, HAL 2ND Stage Bangalore: 560038 which need to be reconveyed to him as per as per resolution in Subject No. 378 by the Bangalore Development Authority's meeting dated 17-11-1982 as per Section 5 of the Amendment Act introduced Section 38-C in the Act and Section 9 of the Amendment Act validated the allotments made between 20.12.1973 to 8.5.1986 retrospectively. Reportedly S.No42and 46 and 43 and 44Dookanhalli Villlage Kasba HobliHAL 2ndStage Bangalore have been used for Domlur Flyover .wherefore question of existence of site Numbers1198 and 1199 inS.No42Dookanhalli does not arise. The BDA Layout Plan HAL II Stage and "Appareddy Palya and Dookanhalli Layout plan” have been forged to accommodate site Numbers1198 and 1199 in Survey .No 50 of Dookanhalli Villlage Kasba Hobli HAL II Stage Bangalore instead of S.No42Dookanhalli . The Amalgamationlayout plan is prepared without reference to S.No42Dookanhalli Villlage Kasba Hobli ) HAL 2ndStage Bangaloreand without showing the location of S.No42Dookanhalli Villlage Kasba Hobli ) HAL 2ndStage Bangalore and no site can be marked as site Numbers1198 and 1199 without reference to S.No42Dookanhalli .As in any Layout plan provided by TPM S.No42Dookanhalli Villlage Kasba Hobli ) HAL 2ndStage Bangalore is not marked .The location of site Numbers1198 and 1199 is forged . The S.No42Dookanhalli Villlage Kasba Hobli ) HAL 2ndschedule as per revenue map and layout schedule does not mach each other. The amalgamation plan does not match with the lay out plan "Appareddy Palya and Dookanhalli Layout plan” and revenue map and is forged document and showing The S.No42Dookanhalli Villlage HAL II Stage Bangalore at different place is forgery as its contents does not match with the revenue map. The survey number 50 is big survey number with 17.6 acres of land spanning across both side of 100 feet road and instead of showingsite Numbers1198 and 1199at S.No42Dookanhalli Villlage they are shown at Survey in S.No 50 of Dookanhalli Villlage Kasba Hobli HAL II Stage Bangalore as survey number 50 is big survey number and it is on both side of 100 feet roadand S.No42Dookanhalli Villlage does not face 100 feet road.

BDA commissioner need to look into the matters pertaining to Re-Convey Section of BDA. No bribe no work?. For several years legitimate files are pending in re-convey section of BDA. It seems nothing happens without paying bribe in Re-convey section . BDA should 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.BDA need to execute sale deed to Sri Muniswamy s/o Abbaiahas per resolution number 378 dated 17-11-1982 . Cancel sale deed executed by BDA in respect of site no 1198 and 1199 HAL II stage as site allotted were illegal .Sri Muniswamy s/o Abbaiahhas Submitted the true copies of Documents 0n 10-08-2015 (signed by Gazetted officer or Notarised )as per Assistant commissioner(R&R)letter AC/R&R/50/15-16 Dated 27-07-2015 in respect of Re-Conveyance and execution of absolute Sale deed in Survey Number 50 Dookanhalli Indra Nagar Post, HAL 2ND StageBangalore: 560038 (Facing 100 feet Road) as per resolution in Subject No. 378 by the Bangalore Development Authority's meeting dated 17-11-1982 as per Section 5 of the Amendment Act introduced Section 38-C in the Act and Section 9 of the Amendment Act validated the allotments made between 20.12.1973 to 8.5.1986 retrospectively. Presently sri Muniswamy s/o Abbaiahis in possession of three sites 60X90 feet (two sites) and another one site 50x80 which need to be re-conveyed forthwith out of 3 acres 16 guntas as balance is encroached and for which court cases to be launched in Survey Number No 50 Dookanhalli Indra Nagar Post, HAL 2ND Stage Bangalore: 560038 (Facing 100 feet Road) which BDA need to re-convey in thename of Sri Muniswamy s/o Late Abbaiahlegal heirs after death of his father which is in S No 50 Dookanhalli Indra Nagar Post, HAL 2ND StageBangalore: 560038 (Facing 100 feet Road) which are owned by sri Muniswamy s/o Abbaiahand as per and under section 38 C of BDA Act 1976 as amended up to date which comes under Re-Convey area as per BDA resolutionSubject No. 378 by the Bangalore Development Authority's meeting dated 17-11-1982 as per Section 5 of the Amendment Act introduced Section 38-C in the Act and Section 9 of the Amendment Act validated the allotments made between 20.12.1973 to 8.5.1986 retrospectively. Sri Muniswamy s/o Abbaiahown total 3 acres 16 guntas in Survey Number No 50 Dookanhalli Indra Nagar Post, HAL 2ND Stage Bangalore: 560038 (Facing 100 feet Road) .But many persons have encroached in his land without any authority of law and documents against whom he is launching and launched court cases against them for eviction and then for that land he hasreserved hisright to approach BDA for re-conveyance in due course as per law .

Assistant commissioner(R&R) is deliberately delaying to execute the sale deeds in-favor ofand as perapplication of sri Muniswamy s/o Abbaiahdated 21-05-2014 to BDA to execute sale deed (Re-Convey) immediately and forth in respect of two sites 60X90 feet and another site 50x80 in the name of Sri Muniswamy s/o Late Abbiaihin S No 50 Dookanhalli Indra Nagar Post, HAL 2ND StageBangalore: 560038 (Facing 100 feet Road and opposite doopnahalli bus stop ) which are owned by him and which comes under Re-Convey area as per BDA resolutions Subject No. 378. of the Bangalore Development Authority's meeting dated 17-11-1982 and that promise of CITB/BDAto re-convey is enforceable in law" and as per and under section 38 C of BDA Act 1976 as amended up to date which comes under Re-Convey area as per BDA resolutions and as perSection 5 of the Amendment Act introduced Section 38-C in the Act and Section 9 of the Amendment Act validated the allotments made between 20.12.1973 to 8.5.1986 retrospectively as he is legal heirs to the property which part of S No 50 , Dookanhalli Indira Nagar Post, HAL 2ND Stage Bangalore: 560038 in which already site Number 1-7 etc which comes in S No 50 , Dookanhalli Indra Nagar Post, HAL 2ND Stage have are already beenre-conveyed and registered by BDA in the names of respective owners .

Alternate site cannot be allotted in re-convey section. The word "reconvey” appearing in S 38C presupposes that the person to whom the allotment is made should be an erstwhile owner whose land has been acquired and in which the site to be re-conveyed has been formed.ILR 2001 KAR 1727 LV Hoslappa Vs BDA .Request is made to BDA to cancel Re-Convey sale deed executed by BDA in favour of Smt Lakshmi Devi Ramanna in respect ofSite No 1198 and 1199in S.No42Dukanhalli Villlage Kasba Hobli HAL 2ndStage Bangalore as she was not eligible for alternate allotment as she was not the owner ofS.No42Dukanhalli Villlage Kasba Hobli HAL 2ndStage Bangalore and as she was owner ofS.No 1/1 of Gavipuram Guttahalli and BDA cannot give alternate land in re-convey as Section 38C provides for re-conveyance in favour of the original owner by passing of a resolution by the Board. This was an illegal allotment made by BDA and owner of this illegal site is trying to tress pass in S.No50Dukanhalli Villlage Kasba Hobli HAL 2ndStage Bangalore which is being re-conveyed to original owner Sri Muniswamy by BDA under in Subject No. 378 by the Bangalore Development Authority's meeting dated 17-11-1982 as per Section 5 of the Amendment Act introduced Section 38-C in the Act and Section 9 of the Amendment Act validated the allotments made between 20.12.1973 to 8.5.1986 retrospectively. Muniswamy and his family has filed a case inOS No 3009/2010 and filed FIR in Indiranagar Police Station for tress pass under section 448 of IPC . Under section 38C power has been confirmed on BDA if the CITB had already passed a resolution to re-convey the land in favour of a person or any site formed in the land which belong to them and which had vested or had been acquired by the BDA or CITB for the purpose of any development scheme and on the ground that it is not practicable to include such site for the purpose of the development scheme , then authority can allot such site by way of sale or lease in favour of such person i.e , the person to whom the site belonged originally.1998 (5) Kar LJ 646 G Umadevi Vs BDA.The word "reconvey” appearing in S 38C presupposes that the person to whom the allotment is made should be an erstwhile owner whose land has been acquired and in which the site to be re-conveyed has been formed.ILR 2001 KAR 1727 LV Hoslappa Vs BDA .In view of high court orders no alternate site can be allotted in Re-Convey section. So it is requested to cancel sale deed executed by BDA in favour of Lakshmi Devi Ramanna in respect ofSite No 1198 and 1199in S.No42Dukanhalli Villlage Kasba Hobli HAL 2ndStage Bangalore as she was not eligible for alternate allotment as she was not the the owner ofS.No42Dukanhalli Villlage Kasba Hobli HAL 2ndStage Bangalore and as she was owner ofS.No 1/1 of Gavipuram Guttahalli and BDA cannot give alternate land in re-convey as Section 38C provides for reconveyance in favour of the original owner by passing of a resolution by the Board. Several thousand files are pending in Re-Convey Department .Legitimate files are not cleared and sale deeds are willfully delayed. To complete above task BDA has proposed to government an amendment to BDA Act by a letter dated 18-11-2009 as the CITB/BDA Resolutions were passed before 1973 and BDA Act provide Re-Conveyance after 1973 " In section 9 of BDA(Third amendment Act 1993 Karnataka Act 1994 may be amended as follows 'in place of words "after the 20th day of December 1973 the following word may be substituted "since the formation of CITB IN 1945”If at all BDA want to complete these tasks it need to immediately co-ordinate with Karnataka Government Secretariat urban development department and get the Act amended in the Belagum Session of Legislature which is shortly commencing on December 10 2012 .Or it can after taking legal opinion re-allot to all 20917 persons undersection 38 C (1)(a) of BDA Act 1976& BDARules and Regulations in respect Re-allotment /Re-conveyance sale deed execution as per format available at BDA websiteas per BDAresolution 189/94 dated 28-07-1994for theresolutions passed by CITB since the formation of CITB in 1945.In my view Re-allotments can bemade under section 38 C (1)(a) of BDA Act 1976in respect of Re-allotment as perBDAresolution 189/94 dated 28-07-1994for resolutions passed by CITB since the formation of CITB in 1945as legally there is no need to amend section 9 of Karnataka Act 17 of1994 inview of principal Actunder section38 C (1)(a) of BDA Act 1976permits re-allotments.