Property_Politics_Isuue_26-10-12.doc - Property Politics Weekly by qingyunliuliu

VIEWS: 0 PAGES: 2

									         News weekly on Property and Politics in Print Media, Online TV Video CD Rom & Cyber media.
                                                      Blunt and Sharp News
                   Website with online Video news at: www.propertypolitics.net Mobile: 9945116476

RNI- No 61845/95 Vol : 17 No : 34 26-10-12 Pages -2 Rs 2/- Weekly Bangalore Editor-In –Chief M.S.Yatnatti   Hon Sub-Editor –Swarnamba .R.L M.Com MBA




        Salapuria Properties Private
       Limited is Criminal Trespasser
                Complaint filed before the police Inspector and SHO , Indira Nagar Police station Bangalore: 560038

By: M.S.Yatnatti Bangalore: Request is made to consider complaint from Smt Rani w/o Sri Muniswamy s/o Late Abbaiah
Residing at No 26/1, Dookanhalli Indra Nagar Post ,HAL 2ND Stage Bangalore:560038 dated 24-10-2012 in respect of their property
as Salapuria Properties Private Limited has made Criminal Trespass in S.No 50 (S No 50/1 and 50/2=3.16 acres ) of Dukanhalli
Villlage Kasba Hobli HAL 2nd Stage Bangalore instead of constructing building at their owned BDA Re-conveyed Sites at Site
No 1198 and 1199 at HAL 2nd Stage Bangalore as per approved BDA Layout Plan or at S No 42 Dukanhalli Villlage Kasba Hobli
as per BDA Resolution . Both properties are distinctly on either side of 100 feet Road.Salapuria Properties Private Limited cares
two hoots to Interim Stay order of court in OS No 3009/2010 and BDA Approved Layout Plan. Request the Indiranagar police to
throw Salapuria Properties Private Limited out of S NO 50 and file criminal case under section 448 IPC for trespass and provide
police protection to Smt Rani and her Family as Salapuria Properties Private Limited have threatened them many time in the
past, as Smt Rani and her family are poor people and Salapuria Properties Private Limited are Big Builders . We request the
Bangalore Police to enforce rule of law against big builder, who otherwise thinks that he is above law and cares two hoots to stay
order of court in OS No 3009/2010 and BDA Approved Layout Plan.

The matter will be pursued till the justice is done .We want to make it clear that Smt Rani and her family are real and original
owners and are in peaceful possessions of thier property bearing S No 50/1 and 50/2 of Dukanhalli Villlage Kasba Hobli
HAL 2nd Stage Bangalore for several decades .And they have Interim Stay order in OS No 3009/2010 against the Builders .And
they had requested to maintain this status quo order till the final order of the court to the police by their earlier complaint and
the police Inspector and SHO , Indira Nagar Police station Bangalore: 560038 had issued notice to the builder on 24-05-2011 .

We are aware that Salapuria Properties Private Limited is developing joint development of Site No 1198 and 1199 which
is on other side of the 100 feet road as per BDA Approved Layout Plan or is on S No 42 Dukanhalli Villlage Kasba Hobli
HAL 2nd Stage Bangalore as per BDA records. As per BDA Approved Layout Plan these Site No 1198 and 1199 are on the
other side of the road and S No 50 Dukanhalli Villlage Kasba Hobli HAL 2nd Stage Bangalore is on the other side of the
100 feet road as per BDA Approved Layout Plan . Both properties are distinctly on either side of 100 feet Road .No sites
are made in No 50 Dukanhalli Villlage Kasba Hobli HAL 2nd Stage Bangalore since 48 years as per BDA Approved Layout
Plan and BDA acquisition notifications stands Lapsed.

Wherefore it is clear that instead of constructing their building at Site No 1198 and 1199 Re-conveyed BDA Sites (or at S
No 42 Dukanhalli Villlage as per BDA Record) Salapuria Properties Private Limited have trespassed in S. No 50
Dukanhalli Villlage Kasba Hobli HAL 2nd Stage Bangalore and started constructing their building and this too despite
court interim order in original owners favor which is their owned property and it is in their peaceful possession. They
have even not bothered to check the boundaries and location of their sites as per BDA Approved Layout Plan as Both
properties are distinctly on either side of 100 feet Road.

Wherefore we request the police to throw them out of S.No 50 which they have knowingly trespassed and send them to
their property which is situated at some other place on the other side of 100 feet road as per BDA approved Plan at Site
No 1198 and 1199(or in is S No 42 Dukanhalli Villlage Kasba Hobli HAL 2nd Stage Bangalore which is mentioned in BDA
resolution as per BDA records).

BDA acquisition Notification Lapsed ; Owner do not have any problem with BDA as in approved plan BDA has not made any
site in S No 50 Dukanhalli Villlage Kasba Hobli HAL 2nd Stage Bangalore and owners are in peaceful possession since several
decades and CITB/BDA acquisition notification since lapsed as per several Karnataka High Court Orders cited below . The
Preliminary Notification was dated 28.11.1959 and Final Notification was dated 19.8.1964 for acquiring the land in question
along with other lands. BDA has not made any site in S No 50 Dukanhalli Villlage Kasba Hobl even after 48 years and
     Page 2       Property Politics.net Weekly                     26-10-2012
    News weekly in Print Media, Video CD Rom & Cyber media Website with online
            Video news At: www.propertypolitics.net Mobile: 9945116476
   ==============================================================
acquisition Notification Lapsed and as master plan is blank till date . In the surrounding areas of land in question, sites have
been formed and numbers are assigned and allotted in favors of different persons. In respect of this portion of land ,nether sites
have been formed nor numbers are assigned in the master layout plan. Form this, undisputed fact from layout plan of the BDA it
can be conveniently held that BDA did not take actual possession of the land from petitioner on account of the fact he was in
possession and structures were in existence upon the property in question. In the circumstances it has to be held that the BDA
has abandoned its scheme in so far as the land in question for the reason that it has not formed sites upon the land in question as
is evident from the Master Layout plan produced by the BDA. Consequently, the successor BDA had no jurisdiction to execute or
implement the lapsed and abandoned scheme. If the acquired lands are not utilized for the purpose for which they were acquired
within a reasonable period (for example within a period of 10 years from the date of final notification), it shall be held that such
lands are not required for the purpose for which they were acquired and the same are abandoned. In such cases, it has to be held
that the acquisition proceedings automatically lapsed on account of abandonment of the same for decades and the original
owners of such lands can exercise full ownership rights upon such lands. It is hereby declared that the acquisition proceedings in
respect of the land in question are lapsed and/or abandoned on account of non-utilisation of the land by the BDA for more than a
decade (four decades).Citations: “ Extract of the Court Order in Writ Petition No. 3317/2004 (LA-BDA) as it is Held that: In the
surrounding areas of land in question, sites have been formed and numbers are assigned and allotted in favors of different
persons. In respect of this portion of land, nether sites have been formed nor numbers are assigned in the master layout plan.
Form this, undisputed fact from layout plan of the BDA it can be conveniently held that BDA did not take actual possession of
the land from petitioner on account of the fact he was in possession and structures were in existence upon the property in
question .That is the reason for leaving the land in question blank in the master layout plan ,which is produced by BDA..Under
these circumstances ,it cannot be said that BDA took possession of land in question as asserted by it as mentioned in the
notification .The notification issued under section cannot be accepted by the court ,as it only shows tanking over symbolic
possession of and actual possession of the land was not taken from the petitioner by the government by following the mandatory
procedure as held by Apex Court in case of Balwar :Narayan (AIR 1975 SC 1769)referred to .Therefore the claim made by BDA
regarding taking passion of land in question is wholly untenable and unacceptable to this court ,Therefore ,it can be safely said
that the notification issued under section 16(2) of LA Act to show that the possession of the land was taken is factually incorrect
D Narayanappa Vs The state of Karnataka by its Secreatary Housing and Urban Development Deaprtment Bangalore and others
,2005 (1) KLO 247 :ILR 2005 Kar 295:2005 (2) KCCR 1134:2005 AIR HCR 526.BDA is restrained from interfering with the
possession of the petitioner of the land in question. It is hoped that the observations made in this order will be an eye-opener to
the officers of the BDA to understand better their powers and duties under the BDA Act and the allied Rules, know their
responsibilities and limitations, discharge their duties and functions properly in the manner stipulated and avoid wastage of
public money, which has been done in the instant case for demolishing the structures and to all other consequential actions.”

                                                              Conclusion: Request: Prayer:

    1. Salapuria Properties Private Limited need not worry about lapsed acquisition notification which was issued
       several decades ago by CITB in respect of No 50 Dukanhalli Villlage Kasba Hobli HAL 2nd Stage Bangalore. as in
       approved plan BDA has not made any site in S No 50 Dukanhalli Villlage Kasba Hobli HAL 2nd Stage Bangalore
       and As owners are in peaceful possession since several decades and CITB/BDA acquisition notification since
       lapsed as per several Karnataka High Court Orders cited
    2. We request Police to consider the request of Smt Rani and her family and immediately throw out Salapuria
       Properties Private Limited from their property and file criminal case under section 448 and show them that their
       property is at No 1198 and 1199 which is on the other side of 100 feet road as per BDA Plan or at S No 42
       Dukanhalli Villlage Kasba Hobli HAL 2nd Stage Bangalore as per BDA Record and not on the other side of 100
       feet road which is S No 50 Dukanhalli Villlage Kasba Hobli HAL 2nd Stage Bangalore owned by Smt Rani and her
       family . Smt Rani and her family are in peaceful possession of it and BDA acquisition notification have been
       lapsed as per citations referred. The owners request police help to protect and enforce rule of law. Trespassing is
       an offence punishable under section 448 of IPC. We request the Bangalore Police to enforce rule of law against big
       builder, who otherwise thinks that he is above law and cares two hoots to stay order of court in OS No 3009/2010
       and BDA Approved Layout Plan.



                                                CONSULTANCY HELP LINE
You may have problems with Government Departments PWD, BDA, BMRDA, KIADB, TOWN PLANNING DEPARTMENTS
AND Development Authorities BBMP, Taluka office, D.C. Office, Corporation, K.S.R.T.C., Commercial Tax Offices, K.E.B.,
Pension problems, Acquisitions of Land Problems , Khata, Bifurcation, Tax Revision. Banks Problems etc, which may be have
been pending for months, and years in Government files etc.
                                              Everybody is facing Problems, Problems?
Kindly write to us, we analyze and convince our selves and if appropriate then we will take your problems, to concerned
authorities, ministries, i.e., through our news paper property politics and try to help you. We also provide consultancy and
Liaison service on case to case bases as per agreed terms and fees. Write your problems with Xerox copies.
                                        M.S.Yatnatti , Liaison Consultant Mobile: 9945116476
                   E-Mail: msyatnatti@yahoo.com propertypolitics@yahoo.in and propertypolitics@gmail.com
                www.propertypolitics.net Please mark copy to all e-mail IDs mentioned herein for quick response.


====================================================================================================================
  Edited Printed Published and Owned By M.S YATNATTI at No 677 Gurukrupa Gnana Bharathi Layout Valagerahally Kengeri –Bangalore: 560059
                              Editor –In –Chief M.S YATNATTI E-mail :propertypolitics@gmail.com Phone : 9945116476
 Unsolicited material may not be returned. The opinion of writers are their own ,not our .We are not responsible for incorrect advertisement listings and
  .We do all we can to ensure correctness ,but readers are advised to recheck with concerned establishment before entering into binding contract .No part of this
                          publication should reproduced without our written permission. Legal jurisdiction restricted to   Bangalore only

								
To top