M.S.Yatnatti Editor Property Politics
by Admin User - Wednesday, 11 July 2018, 10:48 PM

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Request is made to The Commissioner / Assistant Commissioner (R&R) Bangalore Development Authority to execute the Re-convey sale deed in the name of 1) Sri Papanna s/o shamanna site number 2179 2) Nagraj s/o shamanna site number 2180 (30x40) 3) Venkatesh s/o shamanna site Number 2186 (30x40 4) Gopoal s/o shamanna site number 2187 (30x40 5) Rajapppa s/o shamanna site Number 2178 (30x40) 6) Mariyappa s/o shamanna site Number 2168 (30x40 7) Munichinamma w/o Shamanna site Number 74 (42x85) all revenue sites in Survey No 223/1 Kodihalli HAL 2ND STAGE Bangalore carved out of 34 Guntas in possession above revenue site owners since several decades as all revenue sites in all survey numbers of All extensions of BDA layouts were brought in Re-convey area under one resolution as per Subject No. 629 of meeting of BDA held on Saturday the 21st June, 1980 and in view of this Assistant Commissioner (R&R) is duty bound to re-convey revenue sites in Survey No 223/1 Kodihalli as BDA has brought and covered all extensions (Layouts) under re-convey area under one master and general resolution passed to include all revenue sites of all extensions under one resolution passed in subject number No. 629 dated 21st June, 1980 .As per regularization and re-allotment of sites as resolved by Proceedings of the meeting of the BDA, Bangalore held on Saturday the 21st June, 1980 in Subject No. 629 which gives general power to include all extensions of BDA which are pending for regularization by re-allotment cases in all other extensions which are pending for a long time, so that the cases of other revenue site owners may also be solved wherefore BDA need to re-convey all sites in respect of S No 223/1 consisting 34 Guntas Kodihalli HAL 2ND STAGE Bangalore which are in owners possession as site owners and legal heirs since several decades and pending regularization as since owners had applied for regularization several time in the past and since provision of law is now available for regularization BDA is duty bound to Re-convey all revenue sites each 30x40 coming under S No 223/1 consisting 34 Guntas Kodihalli HAL 2ND STAGE Bangalore. And 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 .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 .The Preliminary Notification was dated 28.11.1959, Final Notification was dated 19.8.1964 and the Award according to the BDA was passed on 13.5.1969. However, possession of the land in question is claimed to have been taken on 28.12.1976. The B.D.A. Act came into force w.e.f. 20.12.1975 (received the assent of the Governor on 2.3.1976). Earlier to that, the City of Bangalore Improvement Act, 1945 (hereinafter called "1945 Act") was in force.