PRESS RELEASE
The Pravasi Bharatiya Divas, New Delhi
SEMINAR ON PRAVASI PROPERTY PROTECTION ISSUES
PRAVASI PROPERTY PROTECTION ISSUES
PRESENTED AT THE 8TH PRAVASI BHARATHIYA DIVAS
AT NEW DELHI ON JAN. 7, 2010
======================================
Given the critical importance of the issue, the first session of the Pravasi conference on Jan.7, 2010 was devoted to the PRAVASI PROPERTY PROTECTION ISSUES. Dr. Sreedhar Kavil , Chairman, Global Advisory Board, World Malayalee Council and Sr. Advocate, Kerala High Court, Jose Kannanthanam were presenters on (a) the crisis presenting the Pravasis globally (b) the urgent need for a national legislation, and (c) the remedial measures to protect the properties of over 30 million Pravasis who have remitted to India in 2009 over US dollars 53 billion.
On behalf of the World Malayalee ouncil, Dr. Sreedhar Kavil presented a PowerPoint Presentation of two case studies. In one, the Pravasi property was fraudulently transferred with the help of the Registrar to the name of another, taxes and penalties were paid with the help of the State Revenue officials, and the property was ultimately sold out in the open market. The Pravasi came back and filed a case at the local court, and it remained pending for years. The relevant limitation act In respect of adverse possession kicked in, and the Pravasi becomes absolutely helpless in the eye of law.
In another case, Dr. Kavil's property (under the name KAVIL PROPERTIES PRIVATE LIMITED) was targeted by the Kerala Govt. ( Devaswam Department) under false pretext of the need for land, pollution if the property is developed, etc., despite the fact that Dr. Kavil had obtained all permit for pollution control from the Kerala State. The case went up to the Kerala High Court, the Kerala . tried several unfair tactics including delaying the hearing of the case. Unltimately Jose Kannantham, who argues the case on behalf of Dr. Kavil won the case in May 2009.
Dr. Kavil had alleged corruption, but it was very difficult to prove.
Dr. Kavil stressed that the history of economic development of China, S. Korea, and Taiwan was fueled by the help and contribution of their overseas people. It is really sad that India does only lip service to this, and does not show real action to recognize and enthusiastically take steps to protect the properties owned by Pravasis in India.
Jose George Kannathanam, Sr. Advocate, Kerala High Court and the chairman of PRAVASI LEGAL COUNCIL discussed the constitutional issues concernibng Land Laws in India, and concluded that this issue should be subjected to a national legislation. He suggested specific remedies as follows:
1. Formation of a Pravasi Tribunal to try such cases
2. Setting 8p time limits ( three years) for resolution of
such cases
3. Suspension of the rules of Adverse Possession in
these cases
4. Compensation at the current replacement cost.
During the conference, the Leadership team conisting of Dr. Kavil, Advocate Kannanthanam and
T. M. Jacob ( President, WMC European Region) met with a lot of govt. officials, speakers, Judges, and Pravasis.
Dr. Kavil stressed that this is not an issue for only World Malayalees ( who cosist of only 1/6th of the Pravasis polpulation) is meant for all Pravasis, and the battle hyas only begun. The Indian govt. will have to be urged to take immediate action for a suitable legislation on the lines of a DRAFT BILL that was submitted by WMC on Oct. 19, 2009 to the Prvasi Minister at the earlier Pravasi Bharatiya Divas in Hague..
Dr. Sreedhar Kavil of World Malayalee Council presenting the lead paper for the need of an Act on Pravasi Property Protection at the PBD, New Delhi
Advocate George Kannanthanam explains the legal issues on
Property Protection of Pravasis
SPEAKERS AND PANELISTS ON PRAVASI PROPERTY PROTECTION ISSUES
AT THE PRAVASI CONFERENCE IH NEW DELHI ON JAN. 7, 2010
--------------------------------------------------------------------------------------------------------------
STANDING: LEFT TO RIGHT: DR. SREEDHAR KAVIL, CHAIRMAN, GLOBAL ADVISORY BOARD, WORLD MALAYALEE COUNCIL[ New York], BAR-AT-LAW /SUPREME COURT MALHOTRA, JOSE KANNANTHANAM, SR. ADVOCATE, KERALA HIGHCOURT, COCHI, ATTORNEY SUSHEELA VARMA, NEW JESEY
SEATED: LEFT TO RIGHT: PROF. BIMAL PATEL, VICE CHANCELLOR, GUJARAT NATIONAL LAW UNIVERSITY, JUSTICE AJIT SINGH, and DR. JUSTICE AR. LAKSHMANAN, (SUPREME COURT OF INDIA) CHAIRMAN, LAW COMMISSION OF INDIA
(News forwarded by Jose pinto Stephen @ yahoo.com)
________________________________________________________________________
No comments:
Post a Comment