Site news

LET BDA “RECONVEY SITES TO BBMP SC CO-OPERATIVE SOCIETY LTD OR FACE CONTEMPT” AS IT COMPLIED HC ORDER IN WP 29758/2011

 
 
Picture of System Administrator
LET BDA “RECONVEY SITES TO BBMP SC CO-OPERATIVE SOCIETY LTD OR FACE CONTEMPT” AS IT COMPLIED HC ORDER IN WP 29758/2011
by System Administrator - Monday, 8 May 2017, 6:30 AM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: BDA Assistant commissioner( R&R) should execute sale deed: in favour of Bangalore Mahanagar Palike S C Workers co-op society Ltd or let BDA commissioner and UDD Principal secretary Face contempt of court proceedings in honorable Kranatakahigh court order in WP No 29758/2011 DATED 13-10-2014for disobeying the order after compliance by petitioner by submitting the documents sought .Bangalore Mahanagar Palike S C Workers co-op society Ltd has complied the honorable Kranataka high court order in WP No 29758/2011 DATED 13-10-2014 and submitted all the copies of documents like RTC andSaguvali Chit extracts references and other documents which were submitted by 35 other site owners who's sites have been re-conveyed by BDA on the same basis in the same survey number S No 14 Gerehalli Village Uttrhalli hoblli Srinivas Nagar Bengaluru with same owner Ramaswamy . The BDA officershad suppressed these facts from honorable Kranatakahigh court order in WP No 29758/2011 . The Karnataka high court has issued an order directing the petitioner Bangalore Mahanagar Palike S C Workers co-op society Ltd to provide the records pertaining to ownership of the site and which become basis for re-conveyance the same has been provided as that of other 35 persons to whom the BDA did re-convey in the same survey numberfrom the same owner Sri H.V.Ramaswamy . Now the BDA cannot discriminate to Bangalore Mahanagar Palike S C Workers co-op society Ltd after compliance of court orders. It has to execute sale deed in favor of Bangalore Mahanagar Palike S C Workers co-op society Ltd .Even today SC and ST people facing discrimination even from Government authorities like BDA .."PROCEEDINGS OF THE MEETING BY THE BDA HELD ON 21-6-1980 WHICH DEALS WITH REGULARISATION AND REALLOTMENT OF SITES. SUBJECT NO. 629.Proceedings of the meeting of the BDA, Bangalore held on Saturday the 21st June, 1980.Subject No. 629:Regularisation and reallotment of sites in certain survey numbers of Avalahalli, Gavipuram and Gerahalli Villages, under Banashankari III Stage - fixation of layout charges - reg.It was resolved that while approving the regularisation and reallotment of sites in Sy. Nos. 5 to 8, 12, 13, 22, 23 to 31, 14, 17, 20 and 21 of Gavipura Village in BSK III Stage, Avalahalli and Gerahalli Village in BSK III Stage the proposal to collect layout charges at Rs. 23/- per sq. yd. from intermediate site owners and Rs. 34.50 per sq. yd. from comer site owners is approved. The Engineer Member is requested to bring up under one subject all other regularisation by re-allotment cases in other extensions which are pending for a long time, so that the cases of other revenue site owners may also be solved. Sd/-Chairman, BDA, Bangalore.Coming to the resolution passed with regard to reallotment and regularisation, it has been contended by the learned Counsel for the petitioner that only two conditions were required to be satisfied. They are:(i) That it must be impracticable to include the site in the scheme; and (ii) There should have been antecedent resolution to this effect.If the petitioner has been able to satisfy these two conditions, then the respondent was bound to reconvey the site in favour of the petitioner. No doubt, it is true that the word 'reconveyance' has not been used in Resolution No. 629 and instead the words used are 'regularisation' and 'reallotment' of site. But it is implicit in the resolution of the BDA that what is really meant by regularisation and reallotment of the site was only reconveyance of the site.