3 months ago
1
Pointing retired that nationalist properties controlled by assorted municipalities are not maintained and protected arsenic mandated by law, the High Court of Karnataka directed the State authorities to acceptable up and operationalise a Municipal Trust Property Management System (MTPMS), arsenic a azygous root of information for each specified properties crossed the State and delegate a Trust Property Identification Number (TPIN).
Besides, the tribunal directed that each municipalities nether the Karnataka Municipalities (KMC) Act, 1964, volition person to place and hole a broad inventories of each “municipal properties” arsenic defined nether Section 81 of the KMC Act by correlating municipal and gross records, onshore assistance orders, and municipality readying documents wrong 90 days. The MTPMS should beryllium integrated with different onshore related systems similar Bhoomi, Mojini, e-municipalities, and Sakala portal, etc., the tribunal said.
Classify, grade
Stating that each identified “municipal properties” volition person to beryllium classified, risk-graded, physically demarcated connected the ground, and geo-tagged utilizing GIS technology, the tribunal said gross records, including Records of Rights, Tenancy and Crop (RTCs) and municipal records should intelligibly bespeak classification arsenic Municipal Trust Property and nary alteration should beryllium made without issuance of notice, behaviour of enquiry and passing orders arsenic per the law.
Justice Suraj Govindaraj issued the absorption portion disposing of a petition filed by Syed Matin Abbas against the Mysuru Deputy Commissioner’s (DC) 2017 bid of cancelling khata of spot that his begetter had purchased successful auction conducted by Town Municipal Council, Periyapatna, successful 1977.
Audit and alienation
No “municipal property” coming nether Section 81 of the Act, should beryllium sold, leased, oregon different alienated but successful strict compliance with Section 72(2) of the Act, and with explicit Government approval, wherever specified support is required, arsenic “municipal properties vest successful the municipalities lone successful a fiduciary capableness arsenic “trustee” and not arsenic “absolute owner”, the tribunal made it clear.
At State and territory levels
While directing the authorities to acceptable up 2 committees astatine the State and the territory levels, the tribunal has tasked the territory level committees, to beryllium headed by the respective DCs, to behaviour time-bound audit of past sales, leases, grant, oregon transfers, encroachments oregon unauthorised constructions, and impermissible alteration of onshore use.
Stating that a nationalist integer portal should beryllium maintained displaying municipality-wise properties, and providing mechanisms for citizens to study encroachments oregon misuse of “municipal properties”, the tribunal said that work should beryllium fixed connected officers recovered to person facilitated amerciable alienation, encroachment, oregon misuse of “municipal properties” and disciplinary oregon different enactment should beryllium initiated against them arsenic per law.
Court’s directions
Prepare broad inventory of ‘municipal properties’ crossed the State
Create Municipal Trust Property Management System to negociate each of them.
Assign Trust Property Identification Number to each ‘municipal properties’
Identify municipal properties with geo-tagging utilizing GIS tech
Time-bound audits of past sales, leases, encroachments, and onshore usage changes
Provide a nationalist portal for national to study misuse of ‘municipal property’
