DEED OF CONVEYANCE SUBJECT TO RIGHT OF WAY THIS DEED OF CONVEYANCE Is made at ... this ... day of ...

between Mr 'A' of ... (hereinafter referred to as the 'Vendor') of the One Part, and Mr 'B' of ... (hereinafter referred to as 'the Purchaser') of the Other Part WHEREAS the Vendor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the piece of land situate at ... and more particularly described in the First Schedule hereunder written. AND WHEREAS on a portion of the land there is a Bungalow which is occupied by the Vendor. AND WHEREAS another portion of the said land exclusive of the land occupied by the said Bungalow and surrounding area necessary for the enjoyment of the Bungalow is completely vacant and Is not necessary for the enjoyment of the said Bungalow and is separated by sub division of the said land approved by the Town Planning Authority. AND WHEREAS the Vendor has agreed to sell the said last mentioned portion of the land to the Purchaser subject to reserving a right of way or passage on the Eastern boundary of the said portion for the Vendor to pass and re-pass from the said Bungalow to the public road on which the said land is abutting. AND WHEREAS the said portion of land agreed to be sold is shown on the plan of the whole of the said land, by red coloured boundary line, and Is more particularly described in the Second Schedule hereunder written and the said passage is shown by colour burnt sienna on the said plan hereto annexed and marked Annexure 'A'. AND WHEREAS the Vendor has agreed to sell the said portion of the land described in the Second Schedule hereunder written to the Purchaser at the price of Rs... and has received from the Purchaser a sum of Rs... as earnest money on the execution of the said Agreement. AND WHEREAS the Purchaser has requested the Vendor to execute these presents which he has agreed to do. AND WHEREAS for the purposes of stamp duty the consideration/ market value is fixed at Rs ........ NOW THIS DEED WITNESSETH that pursuant to the said agreement and in consideration of the sum of Rs... paid as earnest money as aforesaid and of Rs... paid on or before the execution of these presents, making together the said sum of Rs... agreed to be paid by the Purchaser to the Vendor (receipt whereof the Vendor hereby admits) he, the Vendor doth hereby convey and transfer by way of sale unto the Purchaser all that piece of land situate at ... in the Registration Sub District of ... and more particularly described in the Second Schedule hereunder written and delineated on the plan thereof hereto annexed, by red coloured boundary line (being a part of the land described in the First Schedule hereunder written) TOGETHER WITH ALL the things permanently attached thereto or standing thereon and all the privileges, casements, profits, rights and appurtenances whatsoever to the said land or any Part thereof belonging or anywise appertaining thereto and ALL the estate, right, title. Interest, use, possession, benefit, claim and demand whatsoever at law or otherwise of the Vendor to the said piece of land hereby conveyed and every part thereof 6

TO HOLD the same unto and to the use and benefit of the Purchaser absolutely and forever, subject to the payment of all the proportionate rents, rates. taxes, assessments, dues and duties now chargeable and payable and that may become chargeable and payable from time to time hereafter in respect of the same to the Government or the Municipal Corporation of ... or any other public body or local authority In respect thereof And Subject to the right of way of the Vendor Including that of the Vendor's agents, servants, family members and visitors and his heirs executors administrators and assigns to pass and re-pass over the said passage on the piece of land hereby conveyed and leading from the said Bungalow of the Vendor to the public road known as ... by night and day on foot or by vehicles and it is provided that the said passage will be kept open and unbuilt upon and without any obstruction by the Purchaser. his heirs, executors, administrators and assigns. AND the Vendor doth hereby covenant with the Purchaser that, (1) the Vendor now has in himself good right and full power to convey and transfer by way of sale the said piece of land described In the Second Schedule hereunder written hereby conveyed or intended so to be unto and to the use of the Purchaser in the manner aforesaid, (2) The Purchaser may from time to time and at all times hereafter peaceably and quietly enter upon, occupy or possess and enjoy the said piece of land, hereby conveyed with Its appurtenances, and receive the rents, issues and profits thereof and every part thereof for his own use and benefit without any suit, lawful eviction, or interruption, claim and demand whatsoever from or by him the Vendor or his heirs or any of them or by any person or persons claiming or to claim, from, under or in trust for him or any of them. but subject to the said right of way. (3) the Purchaser shall, subject to what is provided hereinabove, hold the said land free and clear and freely and clearly and absolutely exonerated, and forever released and discharged or otherwise by the Vendor and well and sufficiently saved, defended, kept harmless and indemnified of from and against all former and other estates, titles, charges, and encumbrances whatsoever made occasioned and suffered by the Vendor or by any other person or persons claiming or to claim by, from, under or in trust for him,. (4) the Vendor and all persons having or claiming any estate, right, title or interest in the said land, hereby conveyed or any part thereof by. from, under or in trust for the Vendor or his heirs. executors, administrators and assigns or any of them shall and will from time to time and at all times hereafter at the request and costs of the Purchaser do and execute and cause to be done and executed all such further and other lawful acts. deeds, things, in the law whatsoever for the better and more perfectly and absolutely granting the said land, and premises and every part thereof hereby conveyed unto and to the use of the Purchaser In manner aforesaid as by the Purchaser, his heirs, executors, or administrators and assigns shall be reasonably required. IN WITNESS WHEREOF the Vendor has put his hand the day and year first hereinabove written. THE FIRST SCHEDULE ABOVE REFERRED TO: THE SECOND SCHEDULE ABOVE REFERRED TO: Signed and delivered by the withinnamed Vendor Mr.... in the presence of 6

RECEIVED the day and year first hereinabove written from the abovenamed Purchaser the sum of Rs. ... which together with the sum of Rs. ... received as earnest money as aforesaid makes up the sum of Rs. being the full consideration to be paid by him to me. I say received. Vendor. Witness

Powers of Attorney An instrument created by a person who entrusts someone to act on his behalf is called a Power of Attorney. The person who creates such an instrument is called the Donor and the person who receives the authority to act is called the Donee. A Power of Attorney which is created under Section 48 of the Conveyancing and Law of Property Act (CLPA) may be deposited at the Supreme Court pursuant to Order 60 of the Rules of Court. Powers of Attorney deposited in the court are open for public inspection subject to the payment of a prescribed fee. Requirement to file a Power of Attorney When a person entrusts someone to act on his behalf for some legal transaction, such as the buying or selling of property, he is required to create a Power of Attorney authorising the donee to act. Creation of Power of Attorney As the creation of a Power of Attorney entails legal procedure and issues of law, one is advised to engage a lawyer. Stamp fees for deposit of Powers of Attorney

GENERAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS that, I, RP s/o late GR, r/o ., do hereby appoint Mr. SK, Advocate, s/o Late BN r/o .. as many attorney and authorise them to do all or any of the thing jointly or severally on my behalf. 1. That the said attorney shall demand, collect and receive in my name and on my behalf all debt, loans advantages and other claims do to me . The are further empowered to take all lawful proceedings and means to recover and receive the said loans advances and debts etc. They are empowered to prosecute and defend to lawful action suits and claims and refer the matter to arbitrators, file the suit, compromise the suit and execute such instruments as they think proper and necessary. 2. The said attorneys are empowered to borrow from time to time such loans and advances as they think proper in my interest and furnish security of movable and immovable property on such terms and conditions as the think proper. 3. The said attorneys are empowered to sell, exchange, surrender, lease or depose of any houses and buildings lands, etc, which belong to me in such manner as they thing proper and expedient. 4. The said attorneys are empowered to invest my monies as my attorneys as any of the think proper and expedient . 5. The said attorneys are empowered jointly and severally to deposit the monies they collect on my behalf in my bank account. 6. The said attorneys are authorised to draw, accept, endorse, negotiate, retire, and pay any bills of exchange, promissory note cheques, and other negotiable instruments, as they think proper and expedient in my interest. 7. The said attorneys are authorised to operate to my bank account, close the bank account open bank account in some other bank as they think proper and expedient in my interest. 8. The said attorneys are authorised to let out or to give on lease my properties to the persons they think proper, recover rent, already due, and recover the rent as may due in future from time to time. They are further authorised to sue the persons for recovery to rent, to compromise the sue and do all other works concerning with it . 9. The said attorneys are authorised to take the property on lease and execute lease deed for and on my behalf as my attorneys. 10. They are authorised to call upon shares belonging to me and attend the meetings of any company of which I am the shareholders. 11. The said attorneys are authorised to appoint, or remove the agents to look after my estate and fix the salaries etc. of the agent of my behalf as my attorneys. 12. The said attorneys are authorised to do generally of all such things and acts as may attorneys or attorney, which shall be binding on me. 6

IN WITNESS WHEREOF I have signed this deed of power of attorney in the presence of the following witnesses : Witnesses : 1 Signature. 2

IRREVOCABLE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS THAT WE/ M/sa public/private ltd. Company incorporated under the Companies Act, (1 of 1956) with its registered office at.through Shri.authorised by the Board of Directors of the Company vide Resolution dated or Constituted as a Sole/Proprietor ship Concern /Firm under the Indian Partnership Act, 1932 with its principal place of business at.through its partners/Namely Shri..having executed in favour of the Uttar Pradesh Financial Corporation a Statutory body incorporated under the State Financial Corporation an agreement a deed of hypothecation for Rs..Rupees..only and secured the repayment thereof by deposit of the Corporation empowering the corporation to execute a deed of mortgage in the form of an English Mortgage and have the same registered at the cost of the Company /Firm Concern if and wherever the Corporation find it advisable to do so during the pendency of the liability of the company firm concern to the corporation. Do hereby appoint the Corporation to be its attorney for its and in its name and on its behalf for otherwise for the Company/Firm/Concern for the purpose hereinafter mentioned. To execute a mortgage in the form know as English Mortgage of the whole of the assets of the company/firm sole proprietor including and building machinery a electric fittings both present and future in favour of the corporation on terms and condition contained in the agreement and deed of hypothecation. To sign the said deed of mortgage for and behalf of the Company/Firm concern and to have it registered with proper registering authority by admitting its execution and passing of consideration on behalf of the company/firm/concern and for the company/firm/concern. And also execute and to do all such other acts and things as our said attorney shall deem fit for the purpose of securing the said repayment of the loan by the company /firm concern aforesaid. To perform and obtain the Income-tax clearance certificate under Section 230-A (I) of Income-tax Act, for and on behalf of the borrower. To apply and obtain the necessary permission/exemption under Urban Land Ceiling and Regulation Act, 1976 for and on behalf of the borrower, if necessary. To perform the above functions either through himself for through lawfully constituted authority. And the company/firm/concern hereby do agree to ratify and confirm whatever its said attorney shall do here under. IN WITNESS WHEREOF, I/WEhave hereunto set my/our hand(s) this.day of..in the year ... (.) (.) Signature

REVOCATION OF THE POWER OF ATTORNEY LET IS BE KNOWN TO ALL MEN THROUGH THESE PRESENTS that I.s/o..r/o.do hereby remove and cancel all the powers and authorities given by me to Shri.s/o.r/o.by virtue of a power of attorney dated. I further declare that all or any of the act done or executed by aforesaid Shri s/o.r/ounder or in pursuance of the aforesaid power of attorney datedshall not be deemed to be my acts nor done in my name or on my behalf, after the execution of this present deed. IN WITNESS WHEREOF act.

POWER OF ATTORNEY FOR EXECUTING SALE DEED BY THIS POWER OF ATTORNEY , I BK, s/o , r/o . do hereby appoint AS, s/o .., r/o . to be my Attorney for me and in my name and on my behalf. 1. To negotiate and sell my property situate at No. .. to any purchaser at such price and at such time as my said Attorney may in his absolute discretion think proper to agree upon an for such purpose to execute any document, deed or other papers and to present the same for registration and to admit the execution thereof. 2. To receive from the purchaser the consideration money for the said property and to give receipt and discharge therefor as may be required. 3. To deliver physical possession in the manner that is possible in the circumstances of the said property at to the purchaser or to the nominee of the purchaser. 4. To apply to the Municipal Corporation of for mutation of the said property in favour of and in the name of the purchaser or his nominee and to do and execute all deeds, assurances and to do all such acts as may be necessary to fully effectuate the said sale of the said property. I hereby agree and undertake to ratify all acts, deeds, assurances, done given, executed or made by my said Attorney under the powers conferred by this Power of Attorney as if the same were done or made by me personally. In witness whereof I sing and execute this Power of Attorney on this 26th Day of July 1994 at Calcutta.

POWER TO ATTORNEY TO PRESENT DOCUMENTS FOR REGISTRATION

BY THIS POWER OF ATTORNEY, I AC, s/o , r/o .. do hereby appoint DS, s/o ., r/o . to be my Attorney to present the Deed of Sale dated .. executed by me in favour of GS, s/o , r/o .. before the Sub-Registrar, .. for the purpose of registration of the said deed. This attorney is authorised to admit the execution by me of the said Deed and appear before the said Sub-Registrar, at all times and places as may be necessary to cause the said Deed to be duly registered and to do all other acts that may be necessary to effectuate the said purpose. The said attorney shall be entitled to receive the Deed after registration and to give a receipt therefore to such person or give such authority in relation thereto as may be necessary in this behalf. I hereby confirm and agree that all acts and deeds done by my said attorney in this regard shall be deemed to have been done by me personally and I hereby undertake to confirm, own and ratify all and every act whatsoever that my said Attorney shall lawfully do or may cause to be done in my name, on my account and behalf and for my benefit by virtue of this Authority conferred on him by this Power of Attorney. I have executed this power of attorney before the Registering authority, on this Day of ..

POWER OF ATTORNEY FOR EXECUTION AND PRESENTATION BEFORE SUB-REGISTRAR KNOW YE ALL MEN BY THESE PRESENTS that I ..................... son of Shri ........................... residing at ........................................ send GREETINGS: WHEREAS I am a resident of ________ now AND WHEREAS I intend to sell plot No .................... admeasuring ....................... sq. mtrs., situate in ................... comprised in S. No. ................. (Part) and ....................(Part) purchased by me vide document No. ................ registered in the office of the Sub-Registrar, _________ more particularly described in Schedule hereunder AND WHEREAS it is not possible for me to go over personally to ________ for execution, admission and presentation for registration of the document. I, the said ..................... do hereby nominate, constitute and appoint Shri ............................... son of .......................... resident of ..................................... to be my true and lawful attorney for me and in my name and on my behalf to do or cause to be done all or any of the following acts, deeds, matters and things that is to say: 1. To negotiate, sell and to execute sale deed and necessary forms and papers relating to the execution of the sale of the property more fully described in the Schedule. 2. To declare the value of the property before the Sub-Registrar for purposes of registration of the said sale deed. 3. To present and lodge the sale deed for registration before the Office of the Sub-registrar of Assurances at ________ and to admit execution of the sale deed to receive consideration and give receipt and discharge and to do ail acts and things necessary for effectively registering the said sale deed. 4. To appear before any court or authority for the purposes of any matter relating to the registration, declaration of value or any other proceedings connected with the same. 5. To engage pleader or authorised representatives to act on his behalf in the said proceedings to do all other acts that may be necessary for the proper completion of the work assigned by me to my attorney under these presents. 6. To give possession of the said property to the purchaser by handing over vacant possession and execute possession certificate in favour of Purchaser. 7. To deposit the sale proceeds of the house in my Bank Account No. ............. with Bank of India .................. 8. To apply for and obtain Income-tax Certificate under section 230A, Income-tax Act, 1961 for registration of the said sale deed. I do hereby ratify and confirm that all acts, deeds and things done by my said attorney shall be deemed to have been acts, deeds and things done by me personally and I undertake to 6

ratify and confirm all and whatsoever that my said attorney shall do or purport to do or cause to be done by virtue of these presents. IN WITNESS WHEREOF, I have executed this power ................. on this .............. day of ........................, 2000. The schedule above referred to Signed and delivered by the within named .................. WITNESSES; 1. 2.

SPECIAL POWER OF ATTORNEY TO PRESENT DOCUMENT FOR REGISTRATION BY THIS POWER OF ATTORNEY, I .................. son of ................... resident of .......................... do hereby appoint ....................... son of Shri ...........................resident of ........................... as my attorney for me and on my behalf to appear before the SubRegistrar of ................................. and to present and lodge before him for registration of the deed of conveyance dated the ................ made between me and Shri .........................son of .................... resident of .................................. executed by me on the ......................... to admit on my behalf the execution of the said deed of conveyance by me and receipt of sale consideration by me and to do any act, deed or thing that may be necessary for effectively registering the said deed of conveyance. AND I DO HEREBY agree to ratify and confirm all and whatever my said Attorney shall or purport to do or cause to be done by virtue of these presents. IN WITNESS WHEREOF, I have executed this power ................ this ............. day of ....................., 2000. Signed and delivered by the within named .................. WITNESSES; 1. 2. Identified by me ( ) Before me Advocate Notary Public

TO ALL TO WHOM THESE PRESENTS SHALL COME, I, ....................... son of .............................. resident of ................... at present residing at ................ SEND GREETINGS: WHEREAS I own various movable and immovable properties in various parts of India described in the Schedule I hereto and I have interest in various firms, companies, association of persons, trusts, societies as partner, proprietor, shareholder, member, trustee, beneficiary, etc. and/or otherwise, described in the Schedule II hereto. AND WHEREAS I am presently residing out of India as mentioned hereinabove for the time being, I am personally unable to attend to my day to day affairs and for reasons of convenience it is necessary that I should appoint an attorney and confer upon him the powers hereinafter stated. NOW KNOW YE BY THESE PRESENTS that I the said ................. do hereby nominate and constitute and appoint Shri .......................... son of late ....................... at present residing at ...................... as my true and lawful Attorney for me in the name and on behalf of myself and/or my said Attorney and in any of my said capacities and in the name and on behalf of any partnership firm, association of persons, trustee, beneficiary or businesses in which 1 am now or may in future in any manner become interested to do exercise, execute and perform all or any of the following acts, deeds and things, namely:1. Commercial; 1.1 To transact business:-To commence, transact, manage, carry on, close down any of my business and to do all things requisite or necessary or connected therewith including correspondence with any person or authority. 1.2 To buy and sell:-To buy, receive, store and hold and to sell, pledge, hypothecate, give on hire or otherwise deal with any goods, articles, things or movable property. 1.3 To open branches:-To open, establish, conduct, shift and/or close any branch of any business at any place or places. 1.4 To contract:-To enter into, sign, execute, vary, alter, terminate, suspend, and repudiate any contracts. 1.5 Partnership business:-To act as a partner in the firm or firms in which I am a partner at present or become a partner in future and commence, carry on, close, dissolve or retire from any business of any partnership with any person and for the said purpose to do all acts as partner or partners therein including banking operations, execution of partnership, retirement, dissolution or other deeds and documents. 2. Property 2.1. To acquire and to transfer:-To purchase, take on lease, to take charge or mortgage on and to acquire in any manner and to sell, mortgage, settle, charge, lease, grant tenancy or otherwise transfer and/or in any manner and/or on any terms deal with any immovable or real property or properties or any interest therein. 6

2.2. To manage and maintain:-To hold, defend possession, manage and maintain movable, or immovable properties described in Schedule 1 herein and other immovable properties acquired by me hereafter. 2.3. To receive rents, etc.:-To demand, recover and receive rents, mesne profits, licence fees, maintenance charges, electricity charges, corporation taxes and all other sums of moneys receivable in respect of my properties and to make all just and reasonable allowance therein in respect of rates, taxes, repairs and other outgoings and to take all necessary steps whether by action, distress or otherwise to recover any property or sums of money in arrear. 2.4. To pay outgoings:-To pay all taxes, rates, assessments, charges, expenses and other outgoings whatsoever payable for or on account of my properties or any part thereof and to insure any buildings thereon against loss or damage by fire and other risks as be deemed necessary and/or desirable and to pay all premia for such insurances. 2.5. To serve notice on tenants:-To sign and give any notice to any occupier of any property belonging to me to quit or to repair or to abate any nuisance or to remedy any breach of covenant or for any other purpose whatsoever. 2.6. To construct, repair and/or reconstruct:-To take down, demolish, rebuild and/or repair any of my house, building or other structure of whatever nature. 2.7. To get utilities:-To apply for and obtain electricity, gas, water, sewerage and/or connections of any utilities and/or to make alterations and/or close down and/or have disconnected the same in my properties. 2.8. To view the condition of any property:-To enter upon any of my property or any part of it as often as be desired to view the state of repair thereof and to require any occupier as a result of such view to remedy any want of repair or abate any nuisance. 2.9. To enforce covenants:-To enforce any covenant in any lease, licence or tenancy agreement or any other document affecting any of my property and if any right to re-enter arises in any manner under such covenants or under notice to quit, then to exercise such rights amongst others. 2.10. To deal with trespassers:-To warn off and prohibit and if necessary proceed against in due form of law against all trespassers on any of my property and to take appropriate steps whether by action or otherwise and to abate all nuisances. 2.11. To prepare and have sanctioned the plans:-To get prepared plans for construction of any building or structure and/or otherwise on any of my property and to have the same sanctioned, modified and/or altered by any Corporation, Municipality or other authority and in connection therewith or to make necessary applications, give undertakings, pay fees, obtain sanctions and such other orders and permissions as may be expedient. 2.12. To apply for obtaining building materials:-To apply for and obtain such permission as may be necessary for obtaining steel, cement, bricks and other construction materials and construction equipments and to appoint architects and contractors for the construction of building or buildings to be constructed on the plots belonging to me. 6

2.13. To act in proceedings under rent control legislation:-To appear and represent in any proceedings for fixation of fair rent and/or for any other purpose or purposes before any court, Rent Controller or other authority in connection with any matter relating to and/or arising out of any of my property. 2.14. To obtain any certificate:-To apply for and obtain such certificate and other permissions and clearances including certificates and/or permission under any law relating to ceiling on urban land, or other law relating to land and/or buildings both urban and rural or under the Income-tax Act or any other law as may be required for execution and/or registration of any conveyance or other document and/or for transferring any rights in any land, building or other property belonging to me or acquired by me hereafter. 2.15. To file declarations:-To prepare, sign, declare and file declarations, statements, applications and/or returns and otherwise in connection with holding, possessing, acquiring, transferring, partitioning or otherwise dealing with any of my property before any appropriate or other authority as may be required under any law or laws now prevailing or as may in future become applicable and to do, exercise, execute and perform any or all the necessary acts, deeds and things required thereunder. 3. Companies 3.1. To promote company:-To promote or form or cause to be promoted or formed or join with any other person in promoting or forming and to do all things necessary or proper to be done or causing to be formed and incorporated a company with limited or unlimited liability for any object and to settle and sign the memorandum and articles of association, prospectus, application forms, statement in lieu of prospectus and all other papers required for or in connection with incorporation, commencement of business of such company and other acts, relating thereto. 3.2. To spend money in promoting a company:-To expend or agree to expend moneys for promoting and forming any such company as aforesaid and in taking up and paying for any shares in my name in any such company as aforesaid. 3.3. To contract to take shares:-To sign and file with the Registrar of Companies or any other appropriate authorities contract in writing to take from and/or pay for any share or shares in any such company as aforesaid in my name. 3.4. To apply for, accept and deal with shares:-To make application or applications for and take allotment or allotments or purchase or otherwise acquire or hold any share or shares in any company in my name and to sell, transfer, pledge, hypothecate and/or deal with any share or shares held by me or acquired by me hereafter and to execute and/or deliver all deeds and documents including transfer deeds in connection therewith and/or for registration of any transfer and/or transmission. 3.5. To consent to act as a director:-To sign and file with the Registrar of Companies or any other appropriate authority in my name, consent in writing to act as a director of any company as aforesaid. 3.6. To exercise shareholder's privileges:-To attend, vote at and otherwise act in the meetings of any company or companies or to appoint or act as proxy or representative in respect of any shares, stock or debentures now held by me or which may hereafter be 6

acquired by me and generally to exercise all rights and privileges and perform all duties in respect of any shares, stocks or debentures as the holder, owner and/or registered owner thereof or as otherwise being interested in any company including carrying on correspondence and making or consent in the making of any applications in connection therewith before the Centra4 Government, court or other authority under the Companies Act or any other law for the time being in force. 3.7. To transfer securities:-To transfer any share, stock, debenture or other securities held by me or to be acquired by me hereafter in any company and to execute transfer deeds, receipts and ail other papers in connection therewith and also to transmit and/or apply for and/or to consent to the transmission of any share, stock, debenture and/or other securities and/or have the same registered and/or to have such registration altered and/or cancelled in any manner. 3.8. General:-To do such acts and deeds and to execute such papers and documents as may be necessary in any capacity as shareholder, debtor, creditor or otherwise in relation to any company which may be required to be done by me. 3.9. To receive bonus shares and other benefits:-To receive and to hold and to deal with bonus shares and all other benefits that may accrue as a shareholder or otherwise in relation to any company. 4. Investments 4.1. To sell investments:-To acquire or sell, transfer, assign or join in acquiring or selling, transferring or assigning ail or any stocks, shares, annuities, debentures, stocks, bonds, obligations, government securities, units and other securities or investments of any nature whatever which do now or shall hereafter stand in my name or to which I am now or may at any time hereafter be entitled to and for that purpose to employ and pay brokers and other agents in that behalf and to receive and give receipts for the purchase money payable in respect of such sales and to transfer any investments so sold to the purchaser or purchasers thereof or as he or they direct and for these purposes to sign and execute all such contracts, transfer deeds and other writings and do all such other acts as may be necessary for effectually transferring or assigning the same. 4.2. Allotment of shares in companies:-To apply for and accept allotments of shares in my name in any company, corporation or body corporate or any statutory body. 4.3. To receive dividends and repaid capital sums:-To demand, sue for and receive from any company, corporation, government or other body politic or person all deposits, dividends, interest, bonuses or any other sums that may become due in respect of any investment and likewise any capital sum represented by or comprised in any investment held by me as and when the same shall be payable or repayable and for any such purpose to sign, indorse and execute all receipts, dividends and interest warrants, cheques, releases, discharges, Reconveyance or other deeds, documents, instruments and other writings whatsoever that may be required or necessary for the purpose. 4.4. Investment in and dealing with provident funds:- To operate, open, withdraw and deal with funds in the Public Provident Fund Account or any other provident fund accounts whatsoever in my name. 6

4.5. Investments in company deposits, shares, etc.:- To invest my monies in company deposits, shares, stocks, debentures, bonds, units or other corporate securities or securities of local authorities, any other statutory bodies or corporations, whether incorporated in India or in any other country, in such manner and upon such securities as my attorney shall in his absolute discretion think fit and from time to time withdraw any such moneys and apply the same to any purpose as he may think fit. 4.6. To initiate proceedings:-To give all notices, commence any legal proceedings or use any other lawful means that may appear to my attorney desirable or necessary in order to safeguard or enforce my rights in or in connection with any of the investments with full power to prosecute or discontinue any such proceeding and to compromise or submit to arbitration any matter in dispute or doubt. 4.7. To pay all calls:-To pay all calls that may be lawfully made or other expenses that may be incurred in relation to any of my investments and to give security for the payment of the same. 4.8. To assent to arrangements:-To assent (if it seems to my attorney necessary or desirable) to any arrangement modifying any rights, privileges or duties in relation to any of my investments and to agree to any scheme or arrangement for the increase or reduction of the value or amount of the same or of the capital of any company or corporation and for any such purpose to deposit, surrender or exchange any of the investments or the documents of title relating thereto and to pay any contribution or incur any other necessary expense in connection with any such scheme or arrangement. 4.9. To apply for and contract for investments:-To tender, contract for, purchase, accept and sign the transfer into my name any government securities, securities of local authorities or any statutory body, shares, stocks or debentures in any such company, corporation or body as aforesaid or other stocks, funds, debentures and securities of any and every description whatsoever or any other properties. 5. Banker/Banking 5.1. Banking operation:-To open, operate, continue or close any account including any overdraft or other loan account and/or saving account, current, fixed or other accounts and also safe deposit lockers and all accounts whatsoever in my name and on my behalf with any bank or banks that may be existing or may in future be opened in my name or in the name of my firm or firms or business or businesses or in my capacity as trustee or beneficiary of any trust with any bank or banks including Postal Savings Bank. 5.2. Drawing and negotiations of cheques:-To draw, sign, negotiate and/or endorse cheques, payment orders, drafts, dividend warrants and/or any other instruments and to execute, enter into, acknowledge, do and present all such deeds, instruments, contracts, agreements, acts, deeds and things as shall be requisite or deemed fit and proper for or in relation to all or any of the purposes, matters or things herein contained or others with any bank or banks. 5.3. To deal with bills of exchange:- For all or any of the banking purposes to draw, accept, endorse, discount or otherwise deal with any bills of exchange, bills of lading, mates' receipts, delivery orders, promissory notes or other mercantile instruments relating to moneys, goods, properties or otherwise. 6

5.4. To operate bank locker or safe deposit vault locker:- To operate any bank locker or safe deposit vault locker and to deposit therein and withdraw therefrom any articles belonging to me. 6. Moneys 6.1. To realise loans or borrow money:- To realise loans and/or borrow money or moneys from time to time from any bank, institution, or any person or persons, organisation whatsoever against the security or properties both movable and immovable belonging to me or any of my firm or firms of business or businesses in which I am now or may hereafter become interested and to execute, sign and register mortgage, charges, transfer and/or give other security or securities by any other deed or deeds on such terms and conditions as my said attorney or his substitute or substitutes may think fit and proper. 6.2. Loans and advances:- To make and/or to receive any loan or advance from any bank, financial institution or other person to such extent and on such terms as the said attorney may deem expedient and also to secure the same by pledging, hypothecating, mortgaging, charging or any other manner encumbering any of my movable or immovable property. 6.3 Miscellaneous 6.3.1. To agree to charge or pay any interest or other considerations for any loan and/or advance and to vary such rates of interests or consideration from lime to time. 6.3.2. To remit, reduce or settle any claim of any moneys, losses and/or damages. 6.3.3. To draw, execute, negotiate, cancel, present for payment and/or make or receive payment of any promissory note, bill of exchange, bond or undertaking regarding any money receipt and/or advance. 7. Representations 7.1. To represent before bank or banks, insurance companies, etc:-To represent me or any of my firm or firms or business in any of the bank or banks, insurance companies, courts, registration offices, municipal offices, office of competent authority, urban land ceiling, post offices, sales tax offices, income-tax offices, customs offices, revenue offices or any co-operative society, Central or any other State Government or other authority, society, body corporate or other person for any purpose or purposes whatsoever and do all acts as may be expedient before the same or in connection therewith. 7.2. To prepare, sign and file tax returns:-To prepare, sign, execute and/or file any of my and/or any of my firm or firms or business or businesses in my personal capacity or as trustee or beneficiary of any trust, sales tax returns, income-tax returns, wealth- tax returns, gift tax returns or any other returns under the Income-tax Act, 1961, Wealth-tax Act, 1957, Gift-tax Act, 1958 and/or any other law for the time being in force or other returns, statements, papers, documents in connection with the aforesaid Acts, to sign and/or submit returns, statements of accounts, balance sheets, declaration forms, to receive refund orders or vouchers from any of the aforesaid authorities, to apply for and to sign and submit to necessary authorities and to represent me or any of the firm or firms or business or businesses, trusts, proprietary concerns in which 1 am now or may hereafter be interested as 6

proprietor, partner, trustee or beneficiary with such authority or authorities concerned therewith. 7.3. Appear before Assessing Officer, etc.:-To appear before any Assessing Officer, Deputy Commissioner and/or Assistant Commissioner and/or Commissioner and/or Central Board of Direct Taxes and/or tribunal and/or any other authority or authorities in connection with any matter or matters and to represent me or my proprietary concerns, firm or firms, business or businesses, trusts in which 1 am trustee or beneficiary and to produce, explain accounts, documents and papers as may be necessary and to pay taxes and other amounts to such authorities and to any other authority by virtue of these presents and to sign, execute and deliver all other papers, documents and deeds in connection therewith. 7.4. To appear before registrar, notary public, magistrate, etc.:-To appear before any Notary Public, Registrar of Assurances, District Registrar, Sub-Registrar of Assurances, Metropolitan Magistrate and other officer or officers or authority having jurisdiction and to acknowledge and register or have registered and perfected all deeds, instruments and writings, executed, signed or made by me personally or as partner of any firm or firms or business or businesses or by my said attorneys or any of them by virtue of the powers herein conferred. 8. Trusts 8.1. To execute trusts:-To do all acts, deeds relating to any matter in which I am a trustee and/or beneficiary and to exercise all powers and authorities elsewhere hereunder or otherwise as expedient. 8.2. To exercise powers:-To execute and exercise in relation to any land or investment or property for the time being subject to any trust and all powers and description for the lime being vested in me as such trustee or as beneficiary as aforesaid or under any deed of trust, settlement or other documents to the extent lawfully possible. 9. Execution and registration of documents 9.1. To execute documents (stocks, shares, annuities):-To execute all deeds and other instruments necessary or proper for transferring any stock, shares, annuities, debentures, obligations and other securities held by me or to be acquired by me hereafter to the purchaser or purchasers thereof. 9.2. To execute and register deeds:-To sign, execute, enter into, modify, cancel, alter, draw, approve, present for registration and admit registration of all papers, documents, contracts, agreements, conveyances, mortgage deeds, leases, grants, assurances, applications, declarations, trust deeds and other documents as may in any way be required to be so done for or in connection with any movable or immovable property belonging to me or to be acquired by me hereafter or of any part thereof or any interest therein including those held by me as owner, lessor, lessee, partner, mortgagor, tenant, trustee or otherwise be interested for the time being including those connected with the management and development of any business and also in connection with the sale, purchase, lease, transfer and disposition or construction or sanction of plan or obtaining of clearances or permits from the Government or for any other purpose whatsoever. 10. legal proceedings 6

10.1. To compound the debts and to submit claims to arbitration:-To compound with or make allowances to any person for or in respect of any debt or demand whatsoever which now is or shall or may at any time hereafter become due or payable to me and to take or receive any composition or dividend thereof or thereupon and give receipts, releases or other discharges for the whole of the same debts, sums or demands or to settle, compromise or submit to arbitration every such debt or demand and every other claim, right, matter and thing due to or concerning me and for that purpose in my name to enter into, make, sign, execute such agreements as are necessary in like cases, execute such agreements for arbitration or other deeds or instruments as are necessary in like cases and to allow time for the payment of any such debt or demand (with or without security) upon such terms as the attorney may think fit. 10.2. To conduct and defend legal proceedings:-To commence, prosecute, enforce, defend, answer or oppose all notices, suits, and other legal proceedings and demands touching any of the matters aforesaid or any other matters in which 1 am now or may hereafter be interested or concerned and also if thought fit with such consent as aforesaid to compromise, refer to arbitration, abandon, submit to judgment or become non-suited in any such action or proceeding as aforesaid before any court, civil, or criminal, or revenue including the Rent Controller, City Civil and Small Causes Courts. 10.3. To appoint advocates, etc.:-To appoint any solicitor, advocate, pleader or counsel as may be necessary for prosecuting and defending any suit or proceedings, in the matters relating to my properties, business, firm, trusts, companies or organisations, in which 1 am interested or become interested hereafter in my name or in the name of my said attorney as he may think fit and proper and to sign vakalatnamas, warrant of attorney in favour of any solicitor, advocate, pleader or counsel engaged by him. 10.4. To sign plaints and other papers:-To sign, declare and/or affirm any plaints, written statements, petitions, consent petition, affidavits, memorandum of appeal or any other document or paper in my name in any proceeding or in any way connected therewith. 10.5. To deposit and receive documents from court:- To deposit and receive documents and moneys in and from any court or courts and/or any other person or authority in my name and give valid receipts and discharges therefor. 11. Receipts and discharges 11.1. Receiving monies and goods:-To demand, collect, sue for, recover and receive of and from all and every person or persons, body or bodies, politic or corporate, court or authority including government and/or local bodies whomsoever concerned or chargeable therewith all or every sum or sums of money including rent, documents, securities, goods, effects, dues, duties, interests, rents, profits, income, purchase consideration, dividends, compensation and/or any other money or moneys which shall belong or be or become payable to me or to any of my firm or firms, business or businesses or companies in which I am interested. 11.2. To collect debts:-To demand, collect, sue for, recover and receive in my name, from all and every person, body, politic or municipal or corporate or firm or company wheresoever and whatsoever all sums of money, debts, dues, goods, wares, merchandise, chattels, effects and things of any nature or description whatsoever which now are or which at any time or times hereafter shall or may become due or owing or payable to or 6

recoverable including those from or by the bank by virtue of any hypothecations, bonds, mortgages, pledges, agreements or other securities whatsoever or upon or by virtue of any bills of exchange, promissory notes, cheques, bills of lading or other mercantile or negotiable instruments whatever or otherwise. 11.3. To give receipts:-To receive and give effectual receipts and discharges in my name for all monies, securities for monies, debts, goods, chattels and personal estate which are or may become due, owing, payable or transferable in or by any right, title, ways or means howsoever from any person or persons or corporation or other body or authority. 11.4. To receive debts, gifts, legacies, etc.:-To receive and give good and valid receipts and discharges in my name for share of assets of any business or for the purchase money of any share therein or of any part of such share and all such other monies as may be payable to me in any manner whatsoever. 12. Agents 12.1. Agency:-To act as agents for any person or to appoint any person as agent for any purpose in connection with any business or matter herein contained or otherwise and on such terms and with such powers and authorities as may be deemed by my said attorney to be expedient and to vary, modify and/or terminate such appointment and/or appointments and make other or others. 12.2. To employ persons in any capacity:-To employ any person in any capacity for my business firm, trusts, companies in which I am interested and require to employ such person or become interested in future and require to employ such person and to suspend, dismiss or discharge any employee so employed as my said attorney may deem fit. 12.3. To employ professionals:- For the better and more effectually executing the powers or authorities aforesaid or any of them to retain and employ solicitors, advocates, chartered accountants, managers, consultants or any other professional persons and/or debt collecting or other agents. 13. Miscellaneous 13.1. To enter into bond and indemnities:- For all or any purpose to give and execute all such bonds, guarantees, indemnities, covenants and obligations in my name. 14. To substitute and appoint in his place (on such terms and conditions as my said attorney shall think fit and proper) one or more attorneys to exercise for me as my attorney or attorneys any or all of the powers and authorities hereby conferred and to revoke any such appointment from time to time and to substitute or appoint any other person or persons in the place of such attorney or attorneys as the said attorney shall from time to time think fit and proper. 15. AND in case of the death of the said attorney or inability or unwillingness to act through illness or any other reason to act as my said attorney in relation to all or any of the matters aforesaid, I hereby appoint Smt. ................................ wife of ...................... resident of ..................................... to act as my attorney in place of the said attorney after his death or during such inability or unwillingness and in the latter case during the subsistence of any 6

such inability or unwillingness as the name of Smt...................... had been inserted in this deed instead of the name of the said attorney. 16. And generally my said attorney shall have the power to do all such acts, deeds and things on my behalf and I could have lawfully done, if personally present. AND I do hereby for myself, my heirs, executors, administrators of acts done and legal representatives ratify and confirm and agree to ratify and by attorney confirm all and whatsoever my said attorney or his substitute or substitutes shall lawfully do or cause to be done by virtue of these presents. IN WITNESS WHEREOF, I .............................. this ....................... day of .................... 2000. Schedule I above referred to Schedule II above referred to Signed and delivered by the within named .................. WITNESSES; 1. 2. Identified by me ( ) Before me Advocate Notary Public have hereunto set my hand

Signing deeds and documents the law clarified

On 15 September 2005, changes were made to the law of execution of deeds and documents by bodies corporate by the Regulatory Reform (Execution of Deeds and Documents) Order 2005 ("RRO"). The changes resolve existing uncertainties with the law and align the law more with common practice for executing documents. A summary of the changes is set out below. As a result of the RRO, practice and clauses for executing documents will not change substantially, although in three cases (see paragraphs 2, 4 and 8 of this note) practice will be made easier for those practitioners who may have taken a particularly cautious approach in the past. Now that the law has been clarified, in-house counsel should review their internal procedures and standard clauses for executing documents to ensure they comply. These are the main changes introduced by the RRO: 1. Director/secretary signing for more than one company One of the ways a company may sign a document is by a director and the secretary or by two directors of the company under section 36A Companies Act 1985. When signed in this way it has effect as if executed under the company's common seal and there is also presumption in favour of a purchaser of "due execution". The RRO has made it clear that where a person is signing in this way as a director or secretary of more than one company, they should sign it separately for each company that is a party to the document. This is likely to be particularly relevant where different companies in a group are party to a document and have directors or the secretary in common. 2. Corporate officer If a company signs as in 1, it was not previously clear how a director or secretary who was not an individual (e.g. one who was a company) could sign. The document will now be regarded as signed by that corporate director/secretary if it is (or purports to be) signed by an individual authorised by the director or secretary to sign on its behalf. If you rely on this section you should ask to see a board minute evidencing the authority by which the individual signs on behalf of the director or secretary. 3. Deed to say that it is a deed One of the requirements for a document to be executed as a deed is that it make clear on its face that it is a deed. There was a view, however, that if a document was executed under seal, it did not need to describe itself as a deed if it was a document which was by its nature one that had to be executed as a deed (e.g. this lease) and it was in fact executed under seal. The RRO amends the Law of Property (Miscellaneous Provisions) Act 1989. It now provides that a document shall not be taken to make clear on its face that it is a deed merely because it is executed under seal. Therefore simply stating that the common seal was affixed in the presence of a director/secretary does not necessarily mean that the document is a deed. There needs to be clear wording on the document to the effect that the document is a deed. This is often done in the introductory wording to the document (for example "This Deed is made on [date]"); in the
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testimonium clause (for example "This deed has been executed and delivered by or on behalf of the parties on the date on page [ ]") or in the execution clauses or some or all of those options. The Land Registry has amended the execution wording for Land Registry documents where a common seal is used so they now refer to being executed as a deed. 4. Signing in advance of completion: presumption of delivery of a deed For a deed to be effective it must be delivered it has effect immediately from being unconditionally delivered. Delivery is the point in time at which the party evinces an intention to be bound. As such, it is a distinct step from execution. However, prior to the changes introduced by the RRO there were two presumptions that delivery had taken place: a rebuttable presumption that a deed executed by a company is delivered upon being executed - this presumption applies irrespective of whether execution is under seal or by the signatures of two directors/director and secretary (old section 36A(5), now section 36AA

Companies Act 1985); an irrebuttable presumption that a deed was deemed to be delivered on its execution where there was a purchaser in good faith and the deed had been signed by people purporting to be two directors or director and secretary of the company (old section 36A(6) Companies Act 1985). Because the second presumption was not rebuttable, problems arose where a document was signed in advance of completion. This resulted in work -arounds such as obtaining a power of attorney for someone who would be available to sign at the relevant time. These will no longer be necessary. However, you should nevertheless note that there is still a rebuttable presumption of delivery so it will continue to be important to ensure that if the parties do not want the deed to have immediate effect on execution (e.g. a document is signed in advance of completion), they must prove contrary intention. This is usually done by taking both of the following steps: drafting the testimonium and execution clauses so as to make clear that delivery takes place when the document is dated rather than at its earlier execution (for example, by amending the wording to read "Delivered as a deed on the date of the deed"); and keeping a careful board minute recording that the document is not to have effect on execution but that delivery is to take place when the document is dated for example, the board minute could state "[Name Agreement] is not to be delivered on execution, but any director shall be authorised to deliver the Agreement by dating it or causing it to be dated.". 5. Presumption of authority to deliver The presumption in favour of a purchaser that a party's solicitor or other legal advisor is authorised to deliver a deed on behalf of the party has been extended by the RRO and is no longer limited to the creation or disposal of an interest in land. This means that solicitors will have presumed authority to complete other types of transaction (although note that the presumption only operates in favour of a purchaser), not just those where land is being sold. Previously, it was necessary to obtain express authority from the client in order to deliver the deed on their behalf. 6. Execution on behalf of another person (e.g. by attorney) The Law of Property (Miscellaneous Provisions) Act 1989 used to require a deed to be validly executed by the person making it or the parties to it. It did not expressly contemplate execution by anyone other than the maker or a party to the deed (although in practice people have read in an ability for an attorney to sign on the partys behalf). The RRO has now changed the requirement
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so that to be a deed it must be validly executed by the maker or party or by a person authorised to execute it in the name or on behalf of that person. So it is now clear that an attorney may sign a deed. 7. Formalities for signing by an attorney The RRO has confirmed the formalities for execution where an attorney signs are the formalities that apply to execution by the attorney (not those that would apply to the donor). Therefore, where an individual attorney signs (whether on behalf of a company or an individual) he should comply with the requirements for individuals i.e. if he executes a deed he should do so by signing in the presence of a witness who attests. Where a company acts as attorney (whether on behalf of an individual or corporate donor) the company should execute in accordance with the requirements for a company (i.e. in accordance with section 36A Companies Act 1985 - see 1 above). In addition, it has now been made clear that an individual attorney executing a deed may either sign his own name or the name of the donor of the attorney. 8. Corporations aggregate executing by seal This paragraph is relevant to documents signed by a corporation aggregate which includes bodies such as charities, local authorities or building societies. There is a statutory pres umption in favour of a purchaser that a document has been duly executed by a corporation aggregate (section 74(1) Law Property Act 1925) if the corporation's seal is affixed to the document in the presence of and attested by: two members of the board of directors, council or other governing body of the corporation; or one such member and the clerk, secretary or other permanent officer of the corporation or his deputy. This presumption has been extended to cover all documents under seal (it was previously restricted only to deeds) and to permit two members of the corporation's governing body to attest (previously, it could only be a single member and the secretary/clerk/deputy etc.). Where an officer in a corporation is not an individual, the seal will be regarded as affixed if it is affixed in the presence of and attested by an individual authorised by an officer to attest on its behalf. There is also a rebuttable presumption of delivery as referred to at 4 above for deeds executed by

corporations aggregate so the same practical steps should be taken to ensure that the document is not deemed delivered on execution.

For further information, please speak to your usual Olswang contact, or click here to view the Olswang Corporate Group

REGISTRATION SERVICES OF DOCUMENTS & DEEDS IN INDIA Posted on February 15, 2011 by admin The registration of documents in India means the physical presentation of the particular category of documentation alongwith the parties executing the said document, before the Sub-Registrar or the authority concerned for registration. Elaborate provisions have been made in Indian law under The Indian Registration Act, 1908 for registration of various types of document in India. The Indian Registration Act, 1908 defines the mode, method and requirements of the registration of documents relating to various transactions. The registration process of a documents involves the drafting of memorandum which is often in accordance with the provisions of the law and the terms and conditions set-in by the parties regarding the transaction, its presentation before the Sub-Registrar concerned for registration after due stamping and finally registration of the said document in accordance with the provisions of The Indian Registration Act. This process is called documentation services which is often done through registered deed writers and is done mainly by Indian advocates and Indian Attorneys who specialize in legal documentation services. The Registration of documents becomes very important from the point of their admissibility as a piece of evidence in case of any legal dispute regarding the claim and the counter claim of any benefit, any property or any right. Indian Property laws are basically handled by a set of laws involving the Transfer of Property Act, 1882, Indian Registration Act, 1908 and Specific Relief Act, 1963. SECTION 17 OF THE INDIAN REGISTRATION ACT, 1908 stipulates legal requirement about the documents which are to be registered compulsorily, the following types of documents fall under this category: (a) Instrument of gift of immovable property; (b) Other testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property; (c) Non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right , title or interest; (d) Lease of immovable property form year to year, or for any terms exceeding one year, or reserving a yearly rent; and\ (e) Non-testamentary instrument transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish whether in present or in future any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards to or in immovable property; The following documents thus fall under these categories which are to be compulsorily registered: i. Rectification Deed for any immovable property ii. Agreements relating to deposit of title of a property iii. Award of movable as well as immovable property iv. Cancellation of any instrument v. Certificate of Sale of a property vi. Conveyance deed vii. Sale deed of a property viii. Decree of Sale deed /conveyance ix. Any instrument creating an additional copy of a document x. Deed for exchange of property xi. Further charge 6

xii. Gift xiii. Perpetual lease of a property xiv. Lease of rents up to one year and above xv. Deed of Mortgage of a property xvi. Deed of Mortgage as collateral xvii. Mortgage of a crop xviii. Deed of partition xix. Relinquishment Deed xx. Release Deed xxi. Settlement Deed xxii. Decree of settlement xxiii. Memorandum of Settlement of any kind xxiv. Surrender of lease xxv. Transfer of lease xxvi. Trust SECTION 18 OF THE INDIAN REGISTRATION ACT, 1908 describes the category of the documents which does not require registration or the documents for which registration is optional. The said section thus determines the category of the documents which need no registration. LIST OF DOCUMENTS REGISTRATION OF WHICH IS OPTIONAL: i. Adoption deed ii. Declaration iii. General Agreement iv. Consent letter v. Rectification Deed of a movable property vi. Authority to adopt vii. Award of movable property viii. Indemnity Bond ix. Cancellation of any agreement x. Divorce xi. Partnership Deed xii. Special Power of Attorney xiii. General Power of Attorney xiv. GPA with consideration xv. Authenticated GPA xvi. Receipt xvii. Disclaimer xviii. Revocation of Trust deed xix. Dissolution Deed of Partnership xx. Deed of Retirement form Partnership It is very essential to seek good legal services for drafting and registration of the documents as the said documents have very long ranging legal effects and in case of any dispute the nature of document becomes an important piece of evidence. As described above the legal documentation services inn Indian is done by Indian lawyers and Indian Attorneys who specialize in legal documentation services of drafting, vetting and execution of legal documents. The registration of legal documents through valid and proper process would safeguard the interests of the parties forever. The steps involved in registration of documents are as under: Taking of inputs regarding the terms and conditions to be incorporated as per the deal of the parties to the transaction. Drafting the memorandum containing all the terms and conditions and the legal 6

ingredients of the deal. Calculating and arranging for the stamp duty for the registration of the document. Obtaining the signature of the parties to the deal in accordance with the registration laws. Obtaining the signatures of the witnesses or the attesting witnesses who counter sign on the document. Presenting the parties before the Sub-Registrar for registration of the document and to complete all the formalities regarding the registration of the document with the office of the Sub-Registrar. Obtaining the original copy of the registration document after stamping and registration by the office of the registrar. This entry was posted in Legal Service and tagged document registration in india, gift deed, gpa, legal documentation in india, office of sub registar, sale deed, spa, stamping of document in india, will. Bookmark the permalink. COMMENCING BUSINESS OPERATIONS IN INDIA: LEGAL FRAMEWORK LAUNCHING OF BUSINESS IN INDIA BY OFFSHORE BODIES

CAVA invites applications for Foundation, BFA courses Source: Star of Mysore Mysore, June 1- The Chamarajendra Academy of Visual Arts (CAVA), Sayyaji Rao Road, Mysore, has invited applications for First Foundation course and I BFA course, with specialisation in Painting, Sculpture, Graphics, Applied Art, Photography & Photojournalism and History of Art. The qualification for the First Foundation course is a pass in SSLC or equivalent examination. The candidates should not exceed the age limit of 22 years as on June 8. The eligibility to apply for I BFA course is a pass in II Foundation or equivalent examination. The age limit is 24 years. The prospectus, along with application, can be obtained directly from the office on payment of Rs. 100 or by sending a DD of Rs. 125 drawn in favour of Dean, CAVA, Mysore. The last date for submission of application for I Foundation course is June 7 and for I BFA course is June 9. An aptitude test will be conducted for the eligible candidates of Foundation course at 11 am on June 8 and the interview will be conducted at 2 pm at CTI building, Sayyaji Rao Road, Mysore-570001. The last date for payment of fees for I Foundation students will be June 10 and for BFA students it will be as per the date notified by the University. The classes will commence on June 13, according to a press release. Home | Contact Us

LAND ACQUIRED BY GOVT CAN BE RESOLD BY IT once a piece of land has been duly acquired under the Land Acquisition Act, the land becomes the property of the State. The State can dispose of the property thereafter or convey it to anyone, if the land is not needed for the purpose for which it was acquired, only for the market value that may be fetched for the property as on the date of conveyance. The doctrine of public trust would disable the State from giving back the property for anything lessthan the market value. FOR DETAILS CLICK HERE BMIC CONTROVERSY Bangalore-Mysore Infrastructure Corridor Project - Framework Agreement challenged and dismissed. FOR FULL CASE CLICK HERE ACQUISITION FOR NATIONAL HIGHWAYS National Highways Act, 1956 - Compulsory acquisition of certain lands - least that is required in such cases is that acquisition notification should let the person whose land is sought to be acquired know what he is going to lose Notification shows that there is no mention of any Plan - Description of land under acquisition in the impugned Notification fails to meet legal requirement of a brief description of land which renders the Notification invalid - Taking of possession of lands is in total violation of statutory provisions. FOR FULL CASE CLICK HERE

ACQUISITION Once possession

is

taken

Government

cannot

AND withdraw

from

acquisition.

FOR

FULL

CASE

WITHDRAWL CLICK HERE

COMPENSATION IN RESPECT OF TREES OVER ACQUIRED LAND SHOULD BE GIVEN Compensation for acquired land trees standing on acquired land. Appellant is entitled to have his claim in respect of trees on land acquired FOR FULL CASE CLICK HERE

RECONVEYING OF ACQUIRED LAND when land is acquired under Land Acquisition Act which is vested in State Government free from all encumbrances, question of reconveying land as claimed by respondent could not be accepted. FOR FULL CASE CLICK HERE

ACQUISITION VIOLATIVE OF ARTICLE 14 QUASHED Land Acquisition - once it is held that the action was discriminatory and hit by Article 14 of the Constitution of India, then the High Court was justified in quashing the whole proceedings. FOR FULL CASE CLICK HERE

TIMES OF INDIA
Date :- 7th July 1998 (page 4) Notices issued to BDA, KPTC Legal Correspondent -- HIGH COURT NEWS-Bangalore: The Karnataka High Court on Thursday directed issuance of notices to the Bangalore Development Authority (BDA), Bangalore Water Supply and Sewerage Board (BWSSB) and Karnataka Power Transmission Company (KPTC) The notice was based on a petition filed by the Residents Association of Amarjyothinagar, which that they have been deprived of basic civic amenities. TIMES OF INDIA Date :5th July 1998 (page 3) Housing Society encroaching on our land : Army Threatens to take issue to Court BANGALORE: While probing a series of encroachments on defense land in Bangalore, the Army has unearthed another encroachment in Domlur, this time by a housing Co-operative Society. After a recent inspection of their land in the Domlur civil area close to the Army School of Mechanical Transport (ASMT), the Army has alleged encroachment of its land by the Amar Jyothi House Building Co-operative Society. In a letter addressed to the Society on June 17, the Karnataka and GOA (KK & G) sub-area head quarters has written: In a letter addressed to the Society on June 17, the Karnataka and GOA (KK & G) sub-area head quarters has written: "It has come to our notice that you have formed a layout on the land which belongs to the Ministry of Defense in survey Nos. 59, part of 58/1, part of 58/3, and part of 58/4, of Domlur site nos. 57 to 90", adding that legal action would be initiated if they attempt to build a layout on Army ASMT and the Defense Estate Officer about the encroachment and directed them to keep vigil. Amar Jyothi Society had come under scrutiny in 1988-89, when the GVK Rao Committee was constituted by the government of Karnataka to probe irregularities in the acquisition of land by some housing co-operative Societies TIMES OF INDIA 17TH June 1998 BDA told to payup for land grabbing 14,000 sq ft of Army land at Agaram has been encroached on BANGALORE : Having beaten back land sharks who were trying to encroach upon defense land in Bangalore during the last six months, army officers of Karnataka, Kerala and GAO (KK & G) SubArea headquarters are now caught in a piquant situation. The Bangalore Development Authority (BDA). has encroached upon a part of the defense land, according to highly-placed army sources. During a recent inspection by KK&G Sub-Area officers and the Defense Estate Officer, the Army discovered the encroachment. The BDA which is implementing the Ring Road project, has run a road right through defense land on the Agaram plains. The extent of encroachment is said to be about 14,000 square feet, sources said. It may be recalled that the Army had agreed to hand over 85 acres of land worth Rs. 44.53 crore, to the State Govt in lieu of 214 falts for its officers at the Koramangala National Games Village.

About 17 acres of land was handed over to the BDA for the construction of the Ring Road, about 11.1 acres to the Bangalore City Corporation and 57 acres to the Bangalore Metropolitan Rapid Transit Limited (BMTRL). The portion that BDA received is said to be located in Agaram, away from the plot where the Army has now alleged encroachment. In a letter to the BDA Commissioner, the Army has claimed a compensation from the BDA. The letter reads: The 14,000 sq ft on Agaram In a letter to the BDA Commissioner, the Army has claimed a compensation from the BDA. The letter reads: :The 14,000 sq ft on Agaram plain is not a part of the 17 acres of defense land already transferred to the state government for the purpose of building the government for the purpose of building the ring road. "You are therefore requested to handover the land (or pay a compensation) before opening the road to the public." According to Army Land Records this piece of land was procured in the 1970s by the defense ministry for sinking three open wells and has remained in the Armys possession since, it is part of the 9.06 acres that was bought by the Army then.???? possession since, it is part of the 9.06 acres that was bought by the Army then. Top BANGALORE AGE DATE: 02-04-1998. Ex minister his facts in BDA site case Court asks shivanna to pay Rs. 15,000 in suit against Vyjanath Bangalore, April 1: The Karnataka high court has asked former minister B. Shivnna to pay Rs.15, 000 for "concealing material facts" in a petition he had filed to protest the allotment of a site by the Bangalore Development Authority to former urban development minister Vyjanath Patil. In this March 16 order, Justice Harinath Tilhari regrette dsuch "clandestine behavior" by a former minister. He directed Mr. Shivanna to deposit the money with the high court registry with in three months. While the bulk of the money could go to the state legal aid board, Rs. 1,750 each would be given to the BDA and the housing department secretary, and Rs. 1,500 would go to Mr. Patil, the order said. The costs were imposed under section 35(A) of the Civil Procedure Code which says that a court can levy exemplary costs if it finds that all facts have not been revealed to it in a case under its consideration. Mr. Shivanna had filed the petition protesting against the cancellation of a site allotted to him by the BDA and its subsequent allotment to Mr. Patil, who was a minister in the recent Deve Gowda government in Karnataka. He said that he had been allotted the 60 x 90 site at R.T. Nagar in 1981 under a Legislators Housing Development C0-operative Society scheme for allotment of sites to legislators and minister. He had paid the required amount for the site tots he society. However, on November 18, 1992, the BDA informed him that as he owned two sited in the city-one in HAL II stage allotted to him in 1973 by the then City Improvement Trust Board and the R.T. Nagar site he would have to surrender one of them. Mr. Shivanna said although he protested the move, the site allotment in R.T. Nagar was cancelled by the BDA in July 1996. The same site was later allotted to Mr. Vyjanath Patil, he said. However, when considering his petition, the court found that Mr. Shivanna had not revealed all the facts of the case. Mr. Patil in his objections filed in court pointed out that Mr. Shivanna had himself agreed to surrender the site in question to the BDA in December 1994 in return for a complete title deed over the HAL II stage site where he planned to start construction.

Mr. Patil also told the court that Mr. Shivanna had filed a false affidavit with the BDA in 1981 saying that he owned no other site within the authoritys jurisdiction, although he was already in possession of the HAL site. It was on the basis of this affidavit that he was allotted the R.T. Nagar site, Mr. Patil, Mr. J.V.Hulsoor, produced copies of both the affidavit and the letter surrendering the site in court. In his order, justice Tilhari said, "I feel sorry to find that a person who held office of minister and was legislative member filed a false affidavit before an authority. If persons holding such offices behave clandestinely like this, a day will not be too far off when people may completely lose faith," The judge added, "If such persons, who are expected to be men of character, behave in such a fashion. In my opinion such persons do not deserve exercise of writ jurisdiction under Article 226 from the court in their favour. He dismissed the petition in view of the fact that " material facts" had been concealed from the court and imposed the costs on the former minister. Top THE INDIAN EXPRESS, Wednesday, June 24, 1998, BDA ensures that buyers dream house stays just so a dream Bangalore.

Bangalore, June 23: A dream house for several thousand members of some housing co-operative societies in the City will be a far cry with the Bangalore Development Authority (BDA) putting a spoke in the works by warning members not to buy housing sites from these societies. The housing societies on their part have been crying foul against the BDA, which had slapped heavy levies running into crores of rupees on the societies to get approval from the BDA. The levies per acre of land are for supply of Cauvery water at the rate of Rs. 3lakh, construction of water at the rate of Rs. 3 lakh, construction of Ring Roads for Rs. 1 lakh, BMRTC cess of Rs. 50,000 charges for developing slums Rs. 10,000 per acre besides charges for development, inspection, asphalting and for development of CA sites and improving other amenities. According to Vijay Singh, Honorary Secretary, Association of Housing Co-operatives in Bangalore, some of the housing co-operatives are singled out while slapping the levies while some others are exempted from such charges. "It seems that the BDA is in a hurry to raise funds to pay the salaries of its staff. It is a matter of surprise that all these are happening even as a recommendation by the present BDA Commissioner A. Ravindra to scrap the BDA is pending. The BDA, which had failed to perform its duties of allotting sites for nearly a decade, is now trying to gag the societies which are working more efficiently than the BDA it-self. He accused the BDA of taking unilateral decision by suppressing material facts thereby misleading the members of the societies by yielding to the pressure of local politicians and former land owners despite the fact that these lands were denotified and reconveyed to the housing societies legally by the Revenue Department Adding to this is yet another blow from the BDA, which came out with a notification blacklisting certain societies. They include: Ex-servicemen House Building Co- operative Society, NTI Gruha Nirmana Sahakara Sangha, Atmeeyara Geleyara Balga Gruha Nirmana Sahakara Sangha, Vittalnagar HBCS Limited, Maruthi Gruha Nirmana Sahakara Sangha and Sri Venjgopal Reddy, Poornaiah Rathan and Thyagaraj Amalgamated Property Developers. A large extent of land acquired by these societies now has been termed as unauthorised layouts without obtaining approval from BDA. However, the Housing Co-operatives have been crying foul against the BDA stating that the unilateral and unjustifiable decision taken by the BDA would attract contempt proceedings in appropriate courts.

Some of the housing societies had openly stated through the media that the demand note on levies send by the BDA on Oct 20, 1995 was unjustifiable as it was impracticable for the BDA to supply Cauvery water as water was not available, and there were no Ring Roads passing through the layouts formed by the societies and there are no slums in the adjoining areas. Vijay Singh stated that there appears to be pressure on BDA and there was no need for it to publish notices in newspapers misleading the misleading the members and public. "Let the BDA allow the societies to complete the pending projects without further delay, subject to payment of supervisory charges legally determined by the High Court at a later stage so as to help the members of these societies who had invested their life savings in the hope of getting a shelter," he added. THE TIMES OF INDIA,Date; 09-04-1999, IAS officer remanded to police custody for misuse of power (P-9)

MUMBAI: An IAS officer C.D. Patil has been remanded to 14 days police custody by a local court for alleged misuse of power in allotment of a house. Mr. Patil, a former joint chief officer of the Repair and Reconstruction Board of Maharashtra Housing and Area Development Authority (MHADA), was arrested from Santa Cruz Airport at midnight on April 6. According to the remand application, a 772 sq ft flat in a building at Dadar in northeast Mumbai was fraudulently allotted to one Abdul Essaq in December last in connivance with Mr. Patil and other coaccused in the case. The MHADA authorities had received a "confidential letter" against Mr. Essaq for cheating MHADA and obtaining the allotment of the flat valued at Rs. 40 lakh by producing bogus affidavits, it said. The application said the flat was offered to Mr. Essaqs mother Fatimabai, whose Bhindi Bazar flat was demolished in August, 1979, following a "vacation notice" from the authorities. There were two sub-tenants, usman Lasunwala and Gulam Batatwala, in the Bhindi Bazar flat of Fatimabai, it said. However, in November 1998, MHADA received a letter from Me. Essaq, requesting allotment of the Dadar flat to him claiming that he was the only legal heir as his mother died and the sub-tenants relinquished their rights. Following this, a meeting of the master list committee of MHADA was held in the cabin of Mr. Patil where the allotment of the flat to Mr. Essaq was cleared with Mr. Patil allegedly influencing the committee members to pass the tenement in favour of Mr. Essaq, the remand application said. N.Kelkar, a co-accused and auditor at MHADA, along with another accused prepared noting, documents for completing formalities and handed over possession of the flat to Mr. Essaq by accepting Fs. 1,84,607 as the official amount for allotment of the flat. However an inquiry was initiated when the MHADA authorities received a letter on April 4 this year from the heirs of the sub-tenants claiming a share in the flat and declaring that the signatures on the documents had been forged. Mr. Kelkar was arrested on April 6. Top THE TIMES OF INDIA , 11-6-1999 WRIT CHALLENGING ALLOTMENT OF LAND TO EX-MINISTER ADMITTED P-4

BANGALORE: The Karnataka High Court on Thursday admitted a writ petition filed by former MLA Ugaranasimhaiah challenging the allotment of a site to former minister Vyjanath Patil in Matadahalli. Chief Justice Y. Bhaskar Rao and Justice V. Gopal Gowda have stayed any construction on the disputed site, which according to the petition was granted to Mr. Patil by the Karnataka Legislators House Building Co-operative Society. The grievance of the petitioner was that the Society had sanctioned the site measuring 60 X 90 feet in Matadahalli Layout to the former Minister though he was not a member of the Society. THE TIMES OF INDIA , DATE: Legislators Society flouts laws, forms unauthorised Lay-outs 21-01-99

BANGALORE: The Karnataka Legislators House Building Co-operative Society is forming two layouts, including one in the green Belt around Bangalore, in violation of the rules of the Bangalore Development Authority(BDA). According to BDA Comprehensive Development Plan (CDP) regulations, Anchepalya, where one of the layouts is coming up, comes under the Green Belt and the other at Rachenahalli is meant for "Public and Semi-public" use. Both need "change of land use" certificates to set up residential layouts. Strangely, in only one case, at Anchepalya, that the BDA has been approached for the sanction. Despite the BDA has been approached for the sanction. Despite the BDA not giving its approval, road formation and drainage works are underway at both places for the last six months. Which makes the legislators Society business "illegal and unauthorised ",former MLA B. V. Ramachandra Reddy concludes in his letter circulated to all the members. To give sites to each of its 1,200 members- including sitting and former MLAs, MLCs and MPs- the Society has thrown all norms of the Karnataka Co-operative Societys Act and BDA regulations to the winds. A Society office-bearer, who pleaded anonymity, confirmed that the Society was going ahead with the two projects despite being advised against it. "Though I raised the matter and a few other members put in their dissent notes, the society paid another installment of money to the developers." The Society has a 7-acre property in Rachenahalli (survey nos 81/3 and 83/1), next to Jakkur Airport in K. R . Puram Hobli, and the other 12 Acres and 18 Guntas is in Anchepalya (Survey no. 21/1), adjoining Jindal Nagar near Peenya. BDA Commissioner Lakshmi Venkatachalam said the society had asked for "change of land use" certificate in Anchepalya the Green Belt area. But due to the interim stay be the Karnataka High Court on all conversions in the Green Belt, the BDA has maintained a status quo on all such applications. Ms Venkatachalam said she was not aware of the society starting works on the layouts. "Theres no question of sanctioning any plan on the Green Belt. Weve also advised the Government not to permit any development in the Green Belt Areas." In his letter, Mr. Reddy has cautioned the society not to go ahead with this unauthorised and illegal project as the society had violated bye-laws governing such bodies. "They should acquired the land, appointed a consultant, prepared a plan according to BDA guidelines and got its approval and entrusted the work to Government contractors. But all these were followed more in the breach." The Society has not entered into any direct transaction with the seller, the farmer in this case. But instead used middlemen to but the property in 1997. Though the two contractors assigned the works are not registered with the Government, they have been given the layout projects.

"In case they dont deliver, the members cannot even claim their money back." The project cost has been pegged at Rs. 4 Crore. According to BDA housing project norms, sites can be formed in only 50 per cent of the land. The rest has to be earmarked for roads, footpaths, parks and for civic amenity sites. But in Rachenahalli, the developers are utilising as much as 73 percent of the total land for sites. Incidentally, the farmer who sold the Anchepalya land has mortgaged it to both the Bangalore District City Co-operative Bank and a private finance company at the same time. Top THE TIMES OF INDIA , Notice to legislators Society for forming unlawful Layouts 3-5-99 ,P-6

BANGALORE: While private land developers have been flouting laws with impunity, legislators in Karnataka do not seem to be an exception. The Registrar of Societies has rapped the Karnataka Legislators House Building Co-operative Society for forming four unauthorized layouts. The Registrar ordered an inquiry into the affairs of the Society following a report in The Times of India. A show notice issued to the Society, lists several irregularities. The inquiry found that in Kengeri, the society paid in advance of Rs. 20 Lakh in violation of rules. In Anchepalya (12 acres in the green belt), it had advanced Rs. 17.5 Lakh to an investor without any proper agreement. In Rachenahalli (seven Acres), the society had paid in advance of Rs. 35 Lakh without taking possession of the land. This land is meant for "Public and Semi-Public use" and not for construction of houses. The Registrar has held that the formation of the lay-outs was unlawful as work was started without BDA approval. While accusing the board of directors of misusing Society funds, the notice said work was not given to registered contractors. THE INDIAN EXPRESS, DATE 29-9-98, HIGH COURT QUASHES LAND GRANT TO AMAR JYOTHI SOCIETY P-4

Bangalore: The High Court division bench has quashed the Government notification to acquire the 122 acres of land in Kempapura Agrahara, Challaghatta Village, Bangalore North Taluk, in favour of Amar Jyothi House Building Co-operative Society. The housing society in its batch of writ appeals has sought the intervention of the division bench to set aside an earlier order by a single judge order quashing the same acquisition order by the Revenue Commissioner and Secretary directing the Special Deputy Commissioner to acquire the land. Upholding the single judges order, the division bench comprising Chief Justice R P Sethi and K R Prasad Rao held that the Society had not obtained a prior approval for a scheme of forming sites before the acquisition process commenced. "The acquisitions are found to be the result of colourable exercise of power and are activated by legal malafides as it was not done for public purpose but are made in favour of bogus members of the housing society." "It was found that in the entire proceedings as well as in the award, it was Ranghadhama Setty, who participated in the receipt of compensation on behalf of the land owners for passing the consent award by taking a general power of attorney from the land owners", the court order noted. Top

Saturday, ePaper Karnataka -

Online Jan

edition

of

India's 06,

National

Mysore

MUDA should not permit changes in land use pattern, says group
Special Correspondent Non-governmental organisations term it a violation of High Court order MUDA recently published advertisements for converting residential sites into commercial ones `Land use change can be effected only when such changes are in public interest' MYSORE: The Mysore Urban Development Authority's (MUDA) decision to entertain requests to convert a few residential sites into commercial ones has drawn flak from the non-governmental organisations in the city who have described it as a violation of the High Court order. The MUDA recently published a series of advertisements in the local papers for converting residential sites into commercial sites and had called for objections from the public. But the Mysore Grahakara Parishat (MGP) has pointed out that even though the Karnataka Town and Country Planning Act, 1961 permits it, such land use change violates the law as enunciated by the Karnataka High Court. B.V. Shenoy of the MGP cited a decision of the Karnataka High Court, which said that the "conditions and limitations imposed by the original scheme cannot be changed". The court has clearly stated that land use conversions, especially, from residential into commercial, residential into public, public into semi-public or commercial, should not be effected and hence the MUDA should abstain from effecting the change. "The High Court order is independent of the Karnataka Town and Country Planning Act, 1961. Even if we assume that the Act controls land use change completely, it is clear from Sec. 14(a)(1) of the Act that land use change can be effected only when such changes are in public interest," said Mr. Shenoy. The perceived public benefits as enunciated by the MUDA in the recent advertisements were far from the truth and sounded ludicrous. "The first two advertisements claim that the land use change will help surrounding residents buy necessary merchandise. But these areas already have shops," according to the MGP. Likewise, the purported benefit of land conversion as enunciated in the third advertisement said that it would help create employment for about 20 people. Supreme Court order

Drawing attention to a Supreme Court order on the issue of change in land use pattern, the MGP said it had clearly stated that, in order to exercise this power, the authority should first decide if the land use change is required in the public interest and then accept applications for land use change, said the MGP. Citing an example, the MUDA pointed out that it would be in order if there was no bank or other such institution in any residential locality and if the MUDA was convinced that a bank was indeed required for public benefit, it should decide to convert a site of a suitable dimension from residential to commercial use, invite applications from owners of such sites and select one of them in an impartial manner. But if the owners of any site comes forward on their own and asks for land use conversion, the Supreme Court order is clear that such requests should not be entertained. Hence the MGP urged the MUDA to reject all the applications for change in land use pattern and where required, it should follow the directions of the Supreme Court.
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JUDGMENT Rama Jois, J. 1. These appeals which involve the question of the legality of the grant of permission for conversion of vast areas of agricultural lands situate in the green belt area within the Bangalore City Planning area for non-agricultural use, are a glaring example to show how good cases for the Government are allowed to be lost before the Courts and public Interest is allowed to suffer which could thereafter be attributed to decisions of the Court. 1A. These two Writ Appeals are by the Special Dy. Commissioner, Bangalore Dist, Bangalore and the State of Karnataka, by its Secretary, Revenue Department, Vidhana Soudha, Bangalore, against the order of the Learned Single Judge dismissing the two Writ Petitions filed by them in which the validity of the order of the Karnataka Appellate Tribunal had been challenged by the appellants. 2. The facts of the case, in brief, are as follows : Smt. Bhargavi Madhavan, one of the respondents in the appeals, is the owner of 15 acres 15 guntas of land in Sy. No. 19 of Guni Agrahara Village, Hersaraghatta Hobli, Bangalore North Taluk, Bangalore District. She had made an application seeking permission for conversion of the aforesaid land for non-agricultural use under Sub-section (3) of Section 95 of the Karnataka Land Revenue Act ('the Act' for short). That application was rejected by an order dated 12-12-1983 by the Special Deputy Commissioner, Bangalore District. Sri Muthukutty Vaidhyan is the owner of 15 acres 34 guntas of land of the same Village. He also applied for grant of per-mission for conversion of the land for non-agricultural use under Sub-section (3) of Section 95 of the Act. That application was also rejected by the Special Deputy Commissioner, by another order dated 12-12-83 (vide Annexure-B). Aggrieved by this order respondents herein had preferred earlier appeals before the Tribunal. The Tribunal not being satisfied with the reasons given by the Special Deputy Commissioner, set aside the order and remitted the matter for reconsideration. Again, the Special Deputy Commissioner by his order dated 24-5-85 rejected the application of the respondents. Aggrieved by the said order, the respondents again appealed to the Tribunal, The Tribunal found that none of the reasons given by the Special Deputy Commissioner for rejecting the permission were tenable. Having regard to the reasons given by the Special Deputy Commissioner that the view of the Director of Town Planning was against the grant of permission, the Tribunal pointed out that the view taken by the Special Deputy Commissioner was in the teeth of the Judgment of this Court in 1974 (1) Kar. L.J. Short Notes Item No. 67. As regards the reason given by the Special Deputy Commissioner that granting of permission would create a mushroom growth of residential pockets all round Bangalore and create liability on the local bodies and the Government for providing basic civic amenities and might lead to insanitary conditions and creation of sites of inadequate dimensions resulting in health hazards to the residents, the Tribunal was of the view that this could have been remedied by imposing conditions which he had the authority to impose under Clause (4) of Section 95 of the Act. In the result, the Tribunal allowed the appeals. The operative portion of the order reads : "Both the appeals are allowed and the order of the Spl. Deputy Commissioner, Bangalore District, Bangalore, passed in AIN/SR(N) 51 and 52/83-84 dated 24-5-85 is set aside. The appellants are entitled to have their lands diverted for non-agricultural use and the Spl. Deputy Commissioner, Bangalore District, Bangalore shall sanction the diversion of these lands for non-agricultural use subject of course of imposing such conditions as are 6

permissible within Clause (4) of Section 95 of the Act so as to secure the health, safety and convenience and in order to secure that the dimensions, arrangement and accessibility of the sites are adequate for health and convenience of the occupiers and that they do not contravene the provisions of any law relating to town and country planning or the erection of buildings and shall also levy the conversion fine as prescribed under the rules. No costs The original Judgment be placed in Appeal No 241/85 and a copy thereof shall be placed in the other connected appeal No 212/85 for purpose of reference and completion of records." Aggrieved by the said order the Special Deputy Commissioner and the State of Karnataka preferred two Writ Petitions. By order dated 26th June 1986 the Writ Petitions were dismissed by the learned Single Judge who held that the grounds on which the Deputy Commissioner rejected the application were found to be factually incorrect and therefore there was no ground to entertain the petition. It is against that order these two appeals have been preferred. 3. The ground urged in the appeals was that the permission directed to be accorded by the Triblunal was in clear infraction of Section 95(3A) of the Act, according to which permission for conversion of agricultural lands for non-agricultural use could not be granted as the lands in question fell within the green belt area. The provision on which reliance is placed by the appellants were introduced into the Karnataka Land Revenue Act by Amendment Act of 1984 on 28th April 1984. They read : "(3A) The State Government may, with a view to protecting and improving the environment, by notification declare as Green Belt any area lying within the limits of or within the prescribed distance from the limits of the Cities under the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) or City Municipalities, Town Municipalities and Notified areas constituted or deemed to be constituted under the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) and different distances may be so prescribed for each such City, City Municipality, Town Mnnicipality or Notified Area. (3B) Notwithstanding anything contained in this Section, no permission shall be granted or held for the purpose of agriculture lying within the limits of the Green Belt to any other purpose." This provision empowered the Government to declare as 'Green Belt' any area lying within the limits of the prescribed distance from, the limits of the cities. In order that green belt is brought into existence, two conditions should be fulfilled. They are :"(1) The distance from the limits of the cities named with in which the Green Belt area could be declared by the State Government by issuing an appropriate notification has to be prescribed by making a rule. (2) After such prescription, to issue a notification specifying the actual green belt area within such distance." The object and purpose of the provision is obvious. It is intended to give environmental protection to growing cities and is designed in the interest of public health, protection and development of greenery for that purpose etc. Therefore, the provision cast a duty on the part of the State Government to implement the Section without delay as any delay would certainly be utilised by those who are eager to get their agricultural land lying in the viciniiy 6

converted for non-agricultural use and by such action the provision would be met with a fait accompli. In fact the main ground urged in the appeal is that the order of the Special Deputy Commissioner rejecting the permission sought for was correct and the order of the Tribunal contravenes Section 95(3A) and (3B) of the Act. 4. But to our dismay, the desire of the Government to implement the provision enacted by the Legislature is found expressed only in the grounds of appeal. Whereas its inaction as also actions are such as would frustrate the object and purpose of the provision. It is not disputed by the learned Counsel for the State that though the two sub-sections came into force on 28-4-1984, it is, only after more than 1 1/2 years thereafter i.e. on 24-10-1985 the State Government framed the rules prescribing the distance within which Green Belt area could be declared. The said rules read thus : "Whereas the draft of the following rules further to amend the Karnataka Land Revenue Rules, 1966 was published as required by Sub-section (1) of Section 197 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964) in notification No GSR 101 (RD 48 LGP 84 dated 18th April, 1985) published in Part IV-2C (i) of the Karnataka Gazette (extraordinary) dated 18th April 1985, inviting objections or suggestions from all the persons likely to be affected thereby on or after one month from the date of publication in the Official Gazette ; AND WHEREAS, the said Gazette was made available to the public on 18th April, 1985 ; And Whereas, the objections and suggestions received have been considered by the Government ; Now, therefore, in exercise of the powers conferred by Section 197 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), the Government of Karnataka hereby makes the following rules namely :(1) Title and commencement -(1) These rules may be called The Karnataka Land Revenue (Amendment) Rules, 1985. (2) They shall come into force at once. 2. Insertion of new Rule 102 B : After Rule 102 A Karnataka Land Revenue Rules, 1966, the following rule shall be inserted namely :-"102 B Limits of green belt : The State Government may in respect of the cities, city municipalities, town municipalities or notified areas specified in column (2) of the Table Below, declare any area lying within the limits thereof or within the distance from such limits specified in the corresponding entries in column (3) of the said Table as green belt under Sub-section (3A) of Section 95 of the Act. TABLE __________________________________________________________________ Sl. No. Places Distances __________________________________________________________________ 123 __________________________________________________________________ 1. Bangalore City - under the Karnataka Municipal Corporations Act, 1976 18 Kms. 2. The Cities of Belgaum, Gulbarga, Hubli-Dharwad, Mangalore & Mysore res-pectively under the provisions of Karnataka Municipal Corporation Act,1976 10 Kms. 3. All City Municipalities under the Karnataka Municipalities Act, 1964 8 Kms. 4. All Town Municipalities - under theKarnataka Municipalities Act, 1964. 8 Kms 5. Any Notified area - under the Karnataka Municipalities Act, 1964 6 Kms 6

__________________________________________________________________ "NOTE : The distances specified in column (3) shall be calculated by drawing a line parallel to the contour of the limits of the Corporations, cities, town municipalities and notified areas specified in column (2)." 5. As can be seen from the contents of the notifications, as far as Bangalore City constituted under the Karnataka Municipal Corporations Act, 1976, is concerned, the distance prescribed is 18 Kms from the Corporation area. After prescribing of the distance by promulgating the above rule, it was necessary for the State Government to issue a notification declaring Green Belt area. The learned Counsel for respondents submitted that till date no such notification has been issued by the State Government and this fact is not controverted by the learned Counsel for the State. The learned Counsel for respondents submitted that after the promulgation of the Rules on 24-10-1985 far from issuing any notification declaring the Green Belt, the State Government had issued Circular dated 29-71986, by which the revenue authorities were informed that they were not within law in refusing the applications for conversion within the prescribed distance from the cities concerned, as the Government had not yet issued the notification declaring and specifying the Green belt area. The said Circular reads : GOVERNMENT OF KARNATAKA No. RD 48 LGP 84 Karnataka Government Secretariat, 5th Floor, 3rd Stage, M.S. Bldgs., Bangalore Dated: 29-7-1986 CIRCULAR Sub : Sanction of diversion/conversion of Agricultural lands into non-agricultural use within the zones of "Green Belt" - clarifications thereon. It has come to the notice of Government that applications for conversion/diversion of agricultural lands for non-agricultural purposes are being rejected by the competent Revenue Authorities on the ground that the said agricultural land are lying within the area declared as "Green Belt" on the basis of Government Notification No. RD 48 LGP 84 dated 24th October, 1985. 2. The new sub-sections (3A) and (3B) were inserted in Section 95 of the Karnataka Land Revenue Act, 1964 by the amendment made under the Karnataka Land Revenue (Amendment) Act, 1984 (Karnataka Act No. 23 of 1984). Sub-section (3B) is intended to prohibit absolutely the diversion of any land lying within the area declared as Green Belt, to any non-agricultural purpose. Sub-section (3A) provides the mechanism for declaring an area as Green Belt. 3. In order to bring into existence the Green Belt, two actions have to be initiated and completed by the State Government. The first one is to make a rule for identifying the limits within which an area can be declared as Green Belt. This has been done vide Government notification No. RD 48 LGP 84 dated: 24th October, 1985, where under the necssasary rules were issued. The other action which is necessary is to issue another notification declaring as 6

Green Belt particular areas lying within the limits of cities and towns or within the prescribed distance from such limits. This notification is yet to be issued. Consequently, there is no area at present which in the eye of law can be regarded as a declared Green Belt. 4 In view of the above legal position, it is hereby clarified that till such time as the notification necessary to actually declare a given area as Green Belt is issued, as contemplated under Sub-section (3A) of Section 95 of the Karnataka Land Revenue Act, it would be impermissible to reject an application for diversion of agricultural land for other purposes in cases where permission for the diversion can otherwise be given under Section 95 of the Act Applications for diversion received under Section 95 of the Act may be examined under that section and either rejected or granted by invoking grounds permissible under the said section and the rules concerning such diversion, and the requirements of the Town and Country Planning Act. If, however, it is found that permission can be accorded under Section 95, then such permission cannot be refused now solely on the ground that the area concerned is lying within a Green Belt, as in the eye of law there is no such Green Belt at present. These instructions would hold good till the notification required for declaring an area as Green Belt is actually issued." 6. While this is the Circular issued by the Government on 29-7-1986, on this very day the Government Advocate had made a submission before this Court, which is recorded while admitting the appeal. The relevant portion of the order reads : "One of the grounds urged in these two appeals is that the permission if granted will be in contravention of the Karnataka Land Revenue (Amendment) Act, 1984 (Karnataka Act No. 23 of 1984). Our attention has been invited to Sub-section 3(B), which has been inserted in Section 95 of the Karnataka Land Revenue Act, which imposes an embargo on permission to be granted to divert any land or part thereof assessed or held for the purpose of agriculture lying within the limits of Green Belt to any other purpose. Counsel has produced before us prima facie material to show that the land in question is located within the Green Belt area." On 13-8-1986, the respondents produced the aforesaid Circular dated 29-7-1986 and prayed for vacating the interim order and the Government Advocate sought adjournment When the matter came up on 18-8-1986, the Hon'ble Acting Chief Justice and Venkatesh, J, made the following order : "We are extremely sorry to note that the officers concerned, who have instructed the Learned Government Advocate that there exists a green belt area, appear to have misled the Court. This is a case in which proper action should be taken against the officers concerned. The Learned Government Advocate must give the names of the officers concerned and they should appear before this Court at 10.30 a.m. on Friday the 22nd instant, for taking action under contempt proceedings." (Underlining by us) Thereafter, on 19-8-1986, the Bench made the following order : "Pursuant to our order dated August 18, 1986, the Government Advocate has kept the officers in person in Court. He has also produced some Circular dated August 20, 1984, with a plea the officers were guided by the said Circular setting out the green belt area in the 6

Bangalore North and South Taluks and that they had no intention to misguide the Government Advocate or the Court nor they had misguided him. We have perused the Circular dated August 20, 1984. It gives some indication about the green-belt area ear marked for Bangalore. In the circumstances, we do not want to proceed against the officers. No further action is called for." Post the appeal for hearing on 22-8-1986." 7. At the hearing, the non-issue of a notification under Section 95(3A) declaring the green belt area and the issue of Circular dated 29-7-1986 was not disputed. The only submission made was that the Circular dated 29-7-1986 was kept in abeyance by Circular dated 29-101986 for two months and by Circular dated 4-1-1987 it was kept in abeyance till January 1987 and by Circular dated 3rd March, 1987 it was kept in abeyance till 31st March 1987. But the fact remains, there is no declaration of Green Belt in respect of any of the cities under Section 95(3A) of the Land Revenue Act till now. Thus, though the legislative intention and purpose as is evident from Section 95(3A) of the Act was for protecting the environment of fast growing cities and the provisions came into force as early as on 28-41984 itself, the intent and purpose has remained unimplemented on account of the inaction on the part of the State Government. As pointed out earlier, the Government took more than 1 1/2 years just to pre scribe the distance by making an amendment to the Rules on 24-101985. Even after the promulgation of the Rules with such great delay, the State Government has not issued the notification specifying the Green Belt till date, though it could have been done by issuing a notification forthwith thereafter. In the meanwhile, as made out by the Learned Counsel for the respondents, innumerable cases permission for conversion have been granted both before and after the Circular dated 29-7-1986. To what extent the provision has been frustrated could be revealed only in an inquiry instituted for that purpose. 8. These circumstances make us to express our deep anguish at the frustration of public interest brought about by the failure to specify the green belt. What is intriguing is that though the Government is contending before this Court that the Green Belt has been brought into existence by virtue of Section 95(3A) of the Land Revenue Act, it has not made any declaration for reasons best known to it and is telling all its officers that there was no green belt and thereby causing the defeat of the legislative mandate incorporated in Section 95(3A) and (3B) and furnishing a ground to the respondents to get these appeals dismissed. 8.A The learned Counsel for the respondents also submitted that large number of such permissions have been granted by the first appellant-Deputy Commissioner before and after the issue of the Circular dated 29-7-1986 under the direction of the second appellant - State Government. He has produced one such order dated 10-3-1986, by which the Special Deputy Commissioner, Bangalore, accorded permission for conversion of an extent of 30 acres of land for non-agricultural use situated within 18 Kms. from the City of Bangalore. The relevant portion of the order reads : (Editor: The text of the vernacular matter has not been reproduced. required.) The order shows that it was issued pursuant to the direction of the Government dated 10-121985. 9. In the circumstances and for the reasons aforesaid, we dictated an order on 9-3-1987 dismissing these appeals observing that if the Government was failing in these appeals it 6

was only on account of its failure in discharging its duty to implement Section 95(3A) and (3B). We also observed that by the time the Government issues the notification, all the agricultural lands in the proposed green belt might be converted for non-agricultural use leaving the 'Green Belt' only in the Section and in the notification, if issued. 10. But before the fate of these appeals were sealed by the transcription of the order and our signing it, we discovered a ground which the appellants, for reasons best known to them, had not urged either in the grounds of appeal or at the time of hearing, which would have ensured the allowing of these appeals. This makes the history of these cases a mystery and the action and inaction of the Government more and more curious. 11. After we dictated the order as indicated above and proceeded to pass an order dismissing these appeals, another batch of appeals, namely, Writ Appeal Nos. 2396 to 2338 of 1986 presented by the State Government itself came up for hearing on 16th March, 1987. We noticed that in the Memorandum of appeals in those cases, the State Government, in, respect of the Bangalore City Planning area, was relying on the Comprehensive Development Plan ('the CDP' for short) approved and published under the provisions of sub-section(4) of Section 23 of the Karnataka Country and Town Planning Act ('the Planning Act' for short), according to which the land concerned in the said appeals as well as in these appeals fell within the 'Green Belt Area' earmarked under the C.D.P. approved for the Bangalore Metropolitan Area and contending that the Appellate Tribunal was in error in issuing a direction to the Special Deputy Commissioner to grant conversion and further in support of the said contention the State Government relied on a Judgment delivered by Doddakale-gowda, J, in Writ Petition Nos. 17132 to 17140 of 1984, dated 298-1985, -- State of Karnataka v. Jayashree. In the said case in which the State Government had challenged the legality of a similar order of the Appellate Tribunal issuing a direction to the Special Deputy Commissioner, Bangalore, to grant permission for conversion of land for non-agricultural use, it relied upon the Comprehensive Development Plan approved under Section 23 of the Planning Act, the learned Judge came to the conclusion that in view of the Comprehensive Development Plan, the Deputy Commissioner could not exercise any of his powers under Section 95 of the Act. We expressed our agreement with the said view taken by the learned Single Judge in the said Judgment and allowed the appeals. 12. It was really amazing that in these appeals the State Government did not raise a ground relying upon the Comprehensive Development Plan and the Judgment of this Court in Jayashree's case, -- State of Karnataka v. Jayashree, referred to above. As seen earlier, the Division Bench of this Court which admitted these appeals after reading the Circular dated 29-7-1986 produced later by the respondents, observed that the Court was extremely sorry to note that the Court was misled by the appellants to believe that the green belt existed and getting the appeals admitted, though it did not exist. Now on seeing the CDP approved by the Government as early as on 12-10-1984 and published on 18-10-1984, we are extremely sorry to note that the Court was misled to believe that green belt did not exist, which resulted in our dictating an order dismissing these appeals though the green belt did exist and the appellants did not even urge a ground relying on the CDP even at the time of arguing these appeals, which would have constituted a strong ground for allowing the appeals and by not doing so ensured their defeat to the detriment of public interest. Even after we dictated the order, the appellants did not inform us about the existence of green belt for Bangalore City Planning area under the CDP. But on our coming to know on 16-3-1987 of the existence of the CDP covering the area in question and the judgment of the learned Judge delivered in Jayashree's case, -- State of Karnataka v. Jayashree as public interest 6

would suffer irretrievably by our Judgment and it would be in plain contravention of the provisions of the Planning Act and the Judgment of the Supreme Court in P.K. Srinivasan -v.- State of Karnataka, CA Nos. 278(sic)6 and 2781 of 1982 dated 19th Jan 1982 in which the Supreme Court, confirming the Judgment of this Court held that the Regulations framed under the Planning Act were binding and had over-riding effect on all other laws and their contravention cannot be permitted by the authorities of Bangalore Corporation, we suo motu directed that these appeals be posted for 'For being spoken to' for further hearing on 24-3-1987, that is, yesterday. We invited the attention of the Learned Counsel for the respondents as also the Government Advocate to the Judgment in Jayashree's case, -- State of Karnataka v. Jayashree as also the circumstances under which the matter was being directed to be posted for 'For being spoken to' and asked them to examine the matter and make their submissions in the light of the CDP having come into existence for Bangalore Planning Area. 13. Accordingly, the matter was posted and we have heard the Learned Counsel. The relevant statutory Notifications pursuant to which the Bangalore Metropolitan Planning Area was demarcated and the CDP was published are : (1) On 13th March 1984, a Notification under Sub-section (1) of Section 4A of the Planning Act was published. It reads : "Notification No. HUD 496 TTP 83 Bangalore, dated 13th March 1984. In exercise of the powers conferred by Sub-section (1) of Section 4A of the Karnataka Town and Country Planning Act 1961 (Karnataka Act No. 11 of 1963) the Government of Karnataka hereby declares that w.e f. 15-3-1984 the area comprising peripheral villages around Bangalore as indicated in Schedule I to be a Local Planning Area for purposes of the said Act which shall be called by the name of 'Planning Area for the environs of Bangalore and the limits of the said planning area shall be as indicated in Schedule-II." According to the above notification, a planning area called 'the environs of Bangalore was brought into existence. Schedule (1) to the said notification furnishes the list of as many as 324 villages in different Hoblis around the City of Bangalore which fall within the territorial jurisdiction of the Bangalore North, Magadi, Nelamangala and Hosakote Taluks. The boundaries of that planning area were set out in detail in schedule (2) and at the end there was the following note : "Note : This excludes the Bangalore City Local Planning Area declared in Government Notification PLN 42 MNP 65(S.O. 3446) dated 1st November 1965." In the list of the villages, we found Guni Agrahara (wrongly printed as Gini Agrahara) of Hesaraghatta Hobli in which the lands of the respondents are situate as one of the villages included in the Local Planning Area, environs of Bangalore. (2) Thereafter, on 6th April 1984 there was another notification issued under Section 4A of the Planning Act. It reads : "HOUSING AND URBAN DEVELOPMENT SECRETARIAT Notification No. HUD 496 TTP 83(1) Bangalore, dated : 6th April 1984. In exercise of the powers conferred by sub-section(3) of Section 4A of the Karnataka Town and Country Planning Act 1960 Karnataka Act 11 of 1963) the Government of Karnataka hereby amalgamate the 'Local Planning Area of Bangalore' declared in Notification No. PLM 42 MNP 65 dated 1st November, 1965 and the Local Planning Area declared for the environs of Bangalore in Notification of Even No. dated 13-3-1964 The amalgamated Local Planning Area shall be called by the name of Bangalore City Planning Area' w.e.f. 1st April 1984. The names of villages towns included in the amalgamated Local Planning Area are as 6

indicated in Schedule I and the limits of the said Planning Area shall be as indicated in Schedule II annexed in notification Nos. dated 1st November 1965 and 13th March 1984." The effect of the above notification is, the Bangalore City Planning Area as declared earlier and the Planning Area of environs of Bangalore declared in the Notification dated 13th March 1984 were amalgamated to form the Bangalore City Planning Area. This notification has been issued under the powers vested in the Government under Sub-section (3) of Section 4A of the Planning Act which empowers the Government to amalgamate more than one planning area into one. (3) After issuing the above declaration, a C.D.P. was approved by the Government on 1210-1984 for the Bangalore City Planning Area as enlarged by Notification dated 6th April 1984. The said notification was published on 18-10-1984 in the Official Gazette. It reads : "OFFICE OF THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, SANKEY ROAD, BLOCK XII. KUMARAPARK WEST EXTENSION, BANGALORE560 020 Notification dated : 12th October 1984 Sub : Approval of C.D.P. for Bangalore Metropolitan Area. No. BDA/TPM/648/84-85. Government in their Notification 1 No. HUD. 3 TTP 83 dated 12-10-1984 have approved under Section 22(3) of Karnataka Town and Country Planning Act, the CDP of Bangalore Metropolitan Area prepared by the Bangalore Development Authority. As required under Section 22(4) of the Act and Rule 44 of the Karnataka Planning Authority Rules, 1965, this notification is published for information of the public and institutions concerned. The Plans, Regulations and the report of the C.D.P. is available for inspection by the public in the Planning Section of the Bangalore Development Authority, Bangalore. From the date of this notification, the provisions of the CDP shall have effect and shall govern all changes in the land use and development in the Bangalore Metropolitan Area. The provisions of the Outline Development Plan and regulations approved by Government in Order No. HMA 32 MNP 68 dated 22-5-1972 under Section 13 shall be deemed to be superseded, as provided in Section 23 of the Act. Sd/-- Commissioner." 14. In the order made in Jayashree's case, -- State of Karnataka v. Jayashree at paragraph 10 of the Report it is said that the C.D.P. was approved and published in the order dated 20th August 1984. But it is a mistake. The C.D.P. was approved by the aforesaid Notification. 15. Under the C.D.P. the village, Guni Agrahara falls within the area earmarked as 'green belt'. A copy of the C.D.P. was made available to us by one of the Learned Counsel appearing in a connected case. The relevant Zoning Rule in the CDP governing the Green Belt reads : "1.2.6 Agricultural Zone (Green Belt) 1.2.6.1. Uses that are permitted : Horticulture, farm houses and their accessory building and uses not exceeding 200 Sq.m. of plinth area within the plot area limitation of minimum 1.2 hectares plot, uses specifically shown as stated in the land use plan like urban village, brick kilns and removal of clay upto 2.4 m depth beyond a distance of 1.5 k.m. from the

development plan limits, gardens, orchards, nurseries, land under stable crops, grazing pastures and forest lands, marshy land, barren land, land under water. 1.2.6.2 Uses permissible under special circumstances : Parks and other public and semipublic recreational use not conducted for profit." Relevant part of Section 14 which applies to the Outline Development plan prepared under the Act and Section 24 which applies Section 14 to the CDP read : "14. ENFORCEMENT OF THE OUTLINE DEVELOPMENT PLAN AND THE REGULATIONS : (1) On and from the date on which a declaration of intention to prepare an outline is published under Sub-section (1) of Section 10, every land use, every change in land-use and every development in the area covered by the plan shall conform to the provisions of this Act, the Outline Development Plan and the regulations, as finally approved by the State Government under Sub-section (3) of Section 13. (2) No such change in land use or development as is refer: red to in Sub-section (1) shall be made except with the written permission of the Planning Authority which shall be contained in a commencement certificate granted by the Planning authority in the form prescribed. "24. ENFORCEMENT OF THE COMPREHENSIVE DEVELOPMENT PLAN : (1) The provisions of Section 14, Section 15 and Section 16 shall apply mutatis mutandis to the enforcement of the Comprehensive Development plan." Section 76M of the Act reads : "76M. EFFECT OF OTHER LAWS : (1) Save as provided in the Act, the provisions of this Act and the rules regulations and bye-laws made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law. (2) Notwithstanding anything contained in any such other law. a) When permission for development in respect of any land has been obtained under this act, such development shall not be deemed to be unlawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has not been obtained. b) when permission for such development has not been obtained under this Act, such development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has been obtained." In view of these provisions, the respondents or any other person in a position like the respondents could apply for change of use of any land lying within the area of the CDP only to the Planning Authority, that is, the Bangalore Development Authority and not to the Deputy Commissioner. Even so, after more than one and half years after the CDP came into force the Government had issued directions to all the Deputy Commissioners including the Deputy Commissioner, Bangalore, not to reject the permission for conversion of agricultural lands for non-agricultural use assuming the existence of green belt. There is no mention to the CDP in the Government Circular dated 29-7-1986 which was sent to the Deputy Commissioner of Bangalore City and rural districts. It is difficult to comprehend as to why and how in the Circular dated 29-7-1986 issued long after the promulgation of the CDP and the Judgment of this Court in JAYASHREE'S case, -- State of Karnataka v. Jayashree, decided in August 1985, reference to the existence of Green Belt for Bangalore City under the CDP was omitted and has not even been referred to in the three subsequent Circulars keeping the Circular dated 29-7-1986 in abeyance.

16. In view of the CDP and Sections 14 24 and 76M of the Planning Act, on and after 1810-1984 the Deputy Commissioner, Bangalore, had no power or authority to deal with any application for change of use of land lying within the area of the CDP and that power vested with the Planning Authority. Therefore, the appeals have to be allowed and the order of the Appellate Tribunal has to be set aside, though on grounds not urged or raised by the appellants in these appeals, as it goes to the root of the matter, for, when transgression of law affecting public interest comes to the notice of this Court it is the duty of this Court to give effect to the law and not for its transgression, on the ground that the appellants did not choose to raise it. 17. The Learned Counsel for the respondent, however, submitted that the CDP in so far it relates to the additional area which is brought, within the Bangalore City Planning Area, was not in accordance with law on the ground that the prescribed procedure had not been followed. There is no dispute that Sub-section (3) of Section 4A empowers the Government to amalgamate more than one planning area into one planning area. This is what was done by Notification dated 6th April 1984. Sub-section (4) of Section 19 enables the preparation of a CDP for amalgamated planning area. Accordingly, a CDP has been prepared and approved for the amalgamated Bangalore City planning area. If, according to the respondents, there are grounds to challenge the validity of the CDP, they are at liberty to do so by filing a separate Writ Petition, but they cannot be permitted to raise such a contention in this proceedings, for, unless the validity is challenged by making the Planning Authority also a party and a prayer is made for striking down the CDP, the validity of CDP cannot be raised or considered. 18. Learned Counsel for the respondents, however, submitted an alternative argument for sustaining the order of the Tribunal. He submitted that as the application was made on 29-81983 and as under Sub-section (5) of Section 95 of the Act, the Deputy Commissioner was required to pass orders on the said application within four months, the law which prevailed within those four months alone governs his application and the respondents had a vested right to secure permission for conversion. He also relied on Article 400A of the Constitution and submitted that the respondents had the right to enjoy their property as they pleased in accordance with law which was in force within a period of four months from the date on which the application was made. The right to acquire, hold and dispose of the property, which was originally a fundamental right under Clause (f) of Article 19 has been omitted by the Constitution 44th Amendment. The right incorporated under Article 400A thereafter is that 'no person shall be deprived of his property save by authority of law'. It is difficult to appreciate how the respondents can be said to have been deprived of their property by the provisions of the CDP. The CDP imposes restriction regarding the use of property and Section 14 of the Planning Act read with Section 24 provides that for every charge of use of land within the planning area, written permission of the Planning Authority is necessary and even if permission had been obtained under any other law, to act according to such permission would not be lawful. Therefore, on and after the date on which the CDP came into force, the Deputy Commissioner stood divested of his power under Section 95 of the Land Revenue Act to deal with the application of the respondents, though presented earlier. 19. Further, combined effect of Clauses(a) and (b) of Subsection (2) of Section 76M of the Act is, any change of land use with the permission of the Planning Authority alone is lawful. In other words, change of use of land lying within the planning area can be effected 6

only with the permission obtained from the Planning Authority and acting on the permission rescued from the Deputy Commissioner would no longer be lawful and the Planning Authority is empowered to prevent any person acting on the basis of the permission granted by the Deputy Commissioner under Section 95 of the Land. Revenue Act. Therefore, there is no substance in the contention that the law which was in force earlier governs the application or that Article 400A of the Constitution is violated. 20. Before concluding, we consider it appropriate to observe that the gravity and magnitude of subversion of law disclosed in this case are such as would call for an immediate inquiry and in particular in respect of the following matters : (i) Why in issuing the directions to the Deputy Commissioner, Bangalore regarding grant of permission for conversion of agricultural lands lying in the Green Belt area for nonagricultural use and in the Circular dated 29-7-1986 issued by the Government informing the Deputy Commissioners of all the districts including those of Bangalore Urban and Rural Districts, the existence of Green Belt for Bangalore City Planning Area under the CDP was ignored and who were all responsible for its issue when the CDP which specified the Green Belt for Bangalore City Planning Area had been approved by the Government itself on 1210-1984 and was published in the Official Gazette on 18-10-1984 and the Government had itself relied on it before this Court in the case of Jayashree, -- State of Karnataka v. Jayashree decided on 25-8-1985 and its plea had been upheld, and what action should be taken in the matter ? ii) How many permissions have been granted in violation of the CDP and what action should be taken to annul such permissions given in contravention of the CDP ? iii) Why a ground relying on the CDP was not taken in these cases before the Tribunal, before the Learned Judge and in these appeals ? 21. In the result, we recall the order dictated by us on 9-3-1987 dismissing these appeals and make the following order : i) The writ appeals are allowed. ii) In reversal of the order made by the Learned Single Judge in Writ Petition Nos. 7214 and 7215 of 1986, we allow the Writ Petitions and quash the order of the Karnataka Appellate Tribunal, impugned in the Writ Petitions. ____________________________________________________________

APPENDIX-12

SIMPLE MORTGAGE DEED FOR KISAN CREDIT CARD SCHEME (KCCS) FACILITY TO AGRICULTURISTS
THIS DEED OF MORTGAGE executed on this _______________ day of ____________________ 20____ day Sri.VENKATESH, S/o.Sri. Halegowda, aged about 61 years, residing at Chikkanahalli Village, Yelawala Hobli, Mysore Taluk, Mysore District. OR M/s. ___________________________________________________________ a partnership firm/company, incorporated under companies, Act, 1956 represented by Sri. __________________________ S/o. _________________ having his/her/its place business/Registered office at ____________________ _______________________________________________________________ hereinafter called the MORTGAGOR/S (which expression shall wherever the context so requires or admits, be deemed to include his heirs, executors, administrators, successors in title, assigns, attorneys, partners from time to time, survivor/s of them and their successors in interest, successors and assigns) in favour of Canara Bank a body corporate constituted under Banking Companies (acquisition and transfer of Undertaking) Act, 1970, having its Head office at 112, J.C.Road, Bangalore-2 and having branch office, among other places at _____________________ of District _____________________ state __________________ hereinafter referred to as Mortgagee (which term means and includes unless repugnant to the context thereof, its attorneys, successors in interest, administrators and assigns). 2. WHEREAS the Mortgagor/s are desirous of availing financial accommodation from Mortgagee for purposes of working on his/their land/estate, more particularly described in the schedule, has requested the Mortgagor to sanction loans under Kisan Credit Card Scheme (KCCS) and grant financial assistance upto a maximum limit of Rs. ____________ against which the Mortgagor may draw upto the said limit subject to the following conditions. WHEREAS the Mortgagee has agreed to grant to grant the financial accommodation in the manner aforesaid upto the maximum limit of Rs. ___________ (Rupees ________________ _______________________) that is to say the debtor balance in the said account on account of the amount drawn against and credited thereto shall not nay time so long as the account remains open, exceed Rs. ___________ (Rupees ____________________

3.

Description of the schedule properties with building, if any Property situated in ____________________________________________ Sy. Extent Village Taluk 6 District Boundaries

Nos. 134/2

Acre-G 1-35

Chikkanahalli

Chikkanahalli 51/P22 51/60A 51/PA 0-30 4-00 3-00

Mysore Mysore East by : Remaining land of Venkateshagowda West by : Government land North by: Remaining land of Venkateshagowda South by: Land belongs to Chikkegowda Mysore Mysore East by : Road West by : Remaining land of Venkateshagowda North by: Land belongs to Marasiddegowda South by: Land belongs to Chikkegowda

With building/s door No./s ________________ of ward _____________ of panchayat, trees/coconut _______________________. Witnesses:1)

K. KUMAR Chikkanahalli Village, Yelawala Hobli, Mysore Taluk. Signature of the Mortgagor/s 2)

M. MAHESH No.2550, CH-86, K.G.Koppal, Kantharaja Road, Mysore.