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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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