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HC orders issue of notice to Govt. on adoption of children
By Our Correspondent
BANGALORE, AUG. 9. The acting Chief Justice, Mr. Ashok Bhan and
Mr. Justice R.Gururajan, consisting a Division Bench in the
Karnataka High Court, on Tuesday, ordered issue of notice to the
State of Karnataka and other respondents in a public interest
writ petition filed by the Campaign Against Child Labour (CACL)
Bangalore, in which a direction was sought to prevent the
Sumangali Sevashram of Bangalore and such other organisations
from giving adoption/custody of orphans to any third person.
The petitioner said CACL was an organisation, which was engaged
in uplifting poor and needy children and specially campaigning
against child labour and for their rehabilitation. The Sumangali
Sevashram was a voluntary organisation.
A child by name Sumitha, aged 8, was brought to the sevashram
from Anchepalya in Channapatna. The ashram in order to obtain
favour had handed over the child to Ms. Vimala Bai Deshmukh,
former minister from Bijapur. It was stated that the former
minister had taken the child under the guise of adoption and made
the child do household work. The sevashram was not a recognised
orphanage for children.
The judge adjourned further hearing of the petition.
Use of park
The acting Chief Justice, Mr. Ashok Bhan, and Mr. Justice
R.Gururajan, constituting a Division Bench in the Karnataka High
Court, on Tuesday ordered issue of notice to the State of
Karnataka, the Bangalore City Corporation and other respondents
in a public interest writ petition filed by the Pattabhiramanagar
Residents Welfare Association, fourth T.Block, Jayanagar,
Bangalore-4.
The petitioner had sought a direction to develop a civic
amenities site situated between the 38th and 39th Cross as a
children's park, and to clear the unauthorised occupation of the
park in "T" Block. The civic amenities site in "T" Block had been
planned as a children's park.
According to the petitioner, a volley ball team was practising at
the site thereby depriving others including children of its use.
The petitioners had represented to the authorities and after
inspection it was ordered that the space should be maintained as
a park only. Yet, the authorities had not developed it as a park.
The judges adjourned further hearing of the petition.
Ordinance upheld
Mr. Justice R.V.Raveendran and Mr. Justice V.G.Sabhahit
constituting a Division Bench in the Karnataka High Court, on
Tuesday upheld an ordinance repealing a provision in the
Bangalore Development Authority Act, which provided for
reconveyance of the BDA-acquired land to the original owners. The
judge dismissed a batch of writ petitions challenging the
ordinance promulgated on June 22, 2000, and also for a direction
to the BDA, which had been put up by the petitioner.
The judge observed that any deed executed by any person claiming
to be the original owner or his/her successor after the land
vested with the BDA, was not worth the paper on which it was
written. It could safely be held that any person who claimed to
be in possession, was not in possession by virtue of the title
vested in him, but was in possession only as a trespasser. The
possession with regard to such land was illegal. The judges
observed that the BDA would take immediate steps as per law to
dispossess the unauthorised occupants of the land.
The judges while dismissing the writ petition suggested to the
Government to take steps to make entry with a registration
offices concerned regarding issue of preliminary and final
notification for acquiring land for the BDA and other
authorities. This would help to show the acquisiting in th
Encumbrance Certificate to be issued by the registration
authorities with regard to such lands. Such a measure would go a
long way to ensure that the public was not taken for a ride by
unscrupulous middle-men and former owners of acquired land.
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