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2023 DIGILAW 603 (KAR)

Jayamma v. Commissioner, Bangalore Development Authority

2023-04-17

KRISHNA S.DIXIT

body2023
ORDER : (Krishna S. Dixit, J.) In all these matters, the essential grievance of the Petitioners who happen to be the slum dwellers is as to non-execution & registration of the absolute conveyances in respect of small sites in question. Learned counsel for the Petitioners submits that it is a State Policy that these sites which have been in the occupation of his clients should be regularized and accordingly they are and that most of his clients have already made payment of the prescribed fees therefor and he places on record that those who have not yet made the payment, are ready & willing to pay; that being the position, the Respondents are duty bound to grant legal conveyances in their favour so that they become absolute owners thereof. 2. Learned Panel Advocates appearing for the Respondent-BDA submit that pursuant to Government Order dated 23.02.2021, all records are liable to be transferred to the Slum Clearance Board, and that process is going on, on a war footing. To that effect Endorsements have also been issued to some of the Petitioners and what has been stated in these Endorsements would apply to the rest of the Petitioners as well. 3. Learned Panel Counsel appearing for the Slum Clearance Board submits that till the transfer is duly accomplished in terms of the Government Order dated 23.02.2021, there is difficulty for considering Representations of the Petitioners and that once such accomplishment happens, his client would consider the same in accordance with law & in a time bound way. He also seeks a direction to the Respondent - BDA to expedite the implementation of Government Order so that the true fruits of the State Policy would reach hands of the slum dwellers. 4. Having heard the learned counsel for the parties and having perused the Petition papers, this Court is inclined to grant indulgence in the matter as under and for the following reasons: a) The regularization of occupancy of the slum dwellers in small house sites is consistent with the constitutional policy of the country, cannot be disputed. Already the regularization having been done, many of Petitioners have remitted the prescribed fees. There may be a few cases as indicated by BDA Panel Advocates that the prescribed period for granting conveyances of the kind is yet to be completed and till that happens, conveyances cannot be demanded. Be that as it may. Already the regularization having been done, many of Petitioners have remitted the prescribed fees. There may be a few cases as indicated by BDA Panel Advocates that the prescribed period for granting conveyances of the kind is yet to be completed and till that happens, conveyances cannot be demanded. Be that as it may. So far as the claims of slum dwellers whose prescribed period of occupancy is over, and who have paid the amount prescribed for the purpose, there should not be any delay in granting the conveyances. Delaying the grant of conveyances will generate avoidable anxiety in the minds of poor people and that would not augur well in a Welfare State like ours. b) The contention of BDA Panel Advocates that pursuant to Government order dated 23.02.2021 the records are being transmitted to the Slum Clearance Board cannot be discounted. Maters like this would take some time is true. However the process of transferring the records cannot run like panchavarshika yojana. Learned Panel Counsel appearing for the Slum Clearance Board is more than justified in seeking a direction to the Respondent - BDA for the expeditious transfer of records to the Board on war footing basis so that eh consideration of Petitioners' Representations would take place at the earliest. In view of the above, these Writ Petitions are disposed off directing the Respondent - BDA to accomplish the task of transfer of records & such other things to the Slum Clearance Board within an outer limit of two months and after such transfer, the consideration of Petitioners' Representations would take place at the hands of the Slum Clearance Board within two months next following. The Respondent - BDA shall inform the Petitioners and other slum dwellers about the fructuation of transfer. The Slum Clearance Board shall also communicate result of such consideration of Representations to the Petitioners and other slum dwellers who are similarly circumstanced, at the earliest. It is open to the answering Respondents to solicit any documents/information from the side of the Petitioners for due consideration of subject Representations; however, in the guise of such solicitation, no delay shall be brooked. It is open to the answering Respondents to solicit any documents/information from the side of the Petitioners for due consideration of subject Representations; however, in the guise of such solicitation, no delay shall be brooked. If the transfer of records from the Respondent-BDA to the Respondent - Slum Clearance Board does not happen or despite transfer happening, the consideration of Petitioners' Representations does not take place as directed above, it is open to the Petitioners to move an application before this Court seeking levy of exemplary costs on the concerned officers of the BDA/the Slum Clearance Board. Now, no costs.