The Madaakhilah are the name of a sect which ascribes itself to Salafeeyah. They are named after Rabee’ bin Haadee al-Madkhalee (from the Madkhalee tribe). Just like the Ashaa’irah are named after Abul-Hasan al-Ash’aree (from the Ash’aree tribe).

They have been named other things too

• Jaameeyah: named after Muhammad Amaan al-Jaamee, a scholar from Africa, who started some of the criticisms of scholars, students, and callers early on. I personally don’t like this name, because Muhammad Amaan al-Jaamee is not as well known as Rabee’, nor does he hold as high a place amongst the sect, nor was he as extreme as Rabee’.
• Salafeeyah Jadeedah: Neo-Salafeeyah.
• Jamaa’at at-Tabdee’ wal-Hijrah: The group of declaring others innovators and boycotting.
• Ad’iyaa’ as-Salafeeyah: Salafee claimants.
• Khuloof: Which means those who came after (the Salaf), in reference to the Hadeeth in Saheeh Muslim, “Then there will come Khuloof, who will say what they do not do, and do what they were not ordered, so whoever does Jihaad against them with his hand, then he is a believer…etc.”
• Salafeeyoo Ahl al-Walaa’: Those with alliance/friendship [to the government] Salafees. This term was coined up by a group of Madaakhilah in a research paper that they wrote for the interior minister of Saudi Arabia, to help him against “the callers to revolution.” The label has also been used against them by some of the scholars.
• Murji’at al-’Asr: The Murji’ah of the era, due to the fact that Irjaa’ runs rampand amongst their followers, although it is not their most unique trait.

I prefer to call them Madaakhilah, because the person who spread their corrupt call east and west was Rabee’, May Allaah Give him what he deserves. He is also the most famous of their scholars.

As for their most unique trait (not their worst), I personally believe that to be their exaggerated and extreme understandings of Jarh and Tabdee’. Jarh is the science of disparaging narrators due to deficiency in their trustworthiness. This was practiced by the scholars so as to know from who Hadeeth can be accepted from, and from who should it be rejected. They also used it in the later generations in the sense from who can knowledge be taken from. Tabdee’ is to declare someone an innovator.

This extremity is most clear in their wrong application of the principle “whoever does not declare the innovator to be an innovator then he is an innovator.” So they misapply this principle as the Takfeeree groups misapply the correct principle “whoever does not declare the Kaafir to be a Kaafir then he is a Kaafir.” The starting point for the average and typical Madkhalee (layman or scholar) is Sayyid Qutb. Whoever does not declare him to be an innovator, then he is an innovator. Whoever does not declare the one who abstained from Tabdee’ of Sayyid, to be an innovator, then he also is an innovator, and onwards, until noone is left on the earth except the few members of their sect.

Due to their extremism, they followed the habits of Ahl al-Bida’ before them, so they further divided into subsects. Those who sided with Rabee’ on some issues, and those who sided with an Egyptian by the name of Abul-Hasan al-Ma’ribee. The division started over Abul-Hasan’s abstaining from declaring certain individuals innovators (in addition to other things), and those who abstained from declaring Abul-Hasan an innovator was grouped with him. This includes the Jordanian Madaakhilah who claim to be students of Shaykh al-Albaanee (which has been declared a false claim, by some of those who were close to the Shaykh, such as Aboo Maalik Muhammad Ibraaheem Shaqrah, an ex-Madkhalee).

The innovations and deviance of the Madaakhilah include:

• Believing that legislating manmade laws, complete abstinence from ruling by the Sharee’ah, or resisting to rule by the Sharee’ah, seeking judgement from Taaghoot, are all just minor Kufr, that do not exit the doer from the religion of Islaam, except with Istihlaal. Istihlaal is to believe his sin to be permissible. So they make the sins of major Kufr and major Shirk equal to lesser sins like adultery, drinking alcohol, etc., by placing the condition of Istihlaal on the major Kufr, which only exists as a condition for minor Kufr.
• Believing that actions of the limbs are not a pillar nor condition for the existence of Eemaan for one to be ruled a Muslim. So for them one can never pray, give Zakaah, fast Ramadaah, or do Hajj, never do Wudoo’, never get Tahaarah, etc., and he would still be a Muslim, who’s Islaam can save him from Hellfire eventually. They would label him a sinner, as for a Kaafir, then no. So they have followed the Murji’ah of the past.
• Exaggerating the concept of excuse due to ignorance with regards to the rules of this life. So for them they excuse the one who calls himself a Muslim (i.e., they judge him a Muslim), in all situations, in all issues. So for them, there is no difference between the basis of Islaam, the matters that are known from the religion by necessity, or those issues that are less apparent or obvious. There is no difference between one who was raised amongst the Muslims, or the one who was not. There is no difference between the new Muslim, and others. All of them are always Muslims, even if they fall into many types of obvious Kufr and Shirk, because of the “possibility” of ignorance. This confusion amonst them also applies to the issue of Ta’weel (misinterpretation) by which (for example) they excuse many of the rulers who have pronounced their Istihlaal of their legislating manmade laws.
• Believing that major Walaa’ (alliance/friendship) with the Kuffaar is not major Kufr, unless the person internalizes a Kufr intention, such as wishing to aid the religion of Kufr, or to destroy Allaah’s Religion, etc. So if one were to lead the crusade against Islaam, head it, support it by wealth and blood, he would still be a Muslim, until he pronounces the internalized intentions of Kufr. So they do not make the act itself Kufr, until this innovated condition is proven.
• Believing that Jihaad cannot be Fard ‘Ayn upon the whole Ummah. Also, related to Jihaad, is believing that Jihaad is not permissible without an Islaamic state whose Imaam directs it. Believing Jihaad to be forbidden without the permission of the Imaam. All of this is regarding defensive Jihaad.
• Labelling those who do Takfeer of the apostate rulers and their soldiers to be Khawaarij or Takfeerees. They prohibit Khurooj against these apostate rulers, due to the fact that they rule them to be Muslims. If they rule some of them to be Kuffaar, they still prohibit it due to the fact it is not led by an Imaam (head of Muslim state).
• Belittling the importance of awareness of current affairs and events, saying that such is only for the rulers and scholars, and that the laymen have no need for such. This foolish idea leads many laymen to believe the rulers in their lands to be Muslims, because they are unaware of the Kufr that he practices. So these laymen sometimes end up sacrificing themselves for the apostate ruler by being his sincere servants and slaves.
• Testing people on their positions regarding certain individuals they have labelled innovators. If the person agrees with them regarding their Tabdee’ then he is befriended, if not, he is taken as an enemy and belittled. The individuals they test people by, many times are labelled innovators based upon some of the above misunderstandings. Example: ‘Abdullaah ‘Azzaam said Jihaad is Fard ‘Ayn, according the Madaakhilah this is an innovation, so he is an innovator. They ask Fulaan at the Masjid giving a lecture, what do you think of ‘Azzaam? He says he is good, then they consider him an innovator, or hold him suspicious.
• They blindly follow the official government scholars on their stances towards their governments and politics. So if the government scholars say peace with the Jews is fine in Palestine, the Madaakhilah parrot his words. Note: Not all government scholars are Madaakhilah, but the Madaakhilah blindly follow them in politics. Example, Ibn Baaz or Ibn ‘Uthaymeen are not Madaakhilah, although they might possibly have some branches of the Madkhalee fundamentals, but the Madaakhilah blindly follow their opinions that are related to politics.
• Holding a few people to be scholars in what they call “Manhaj.” Noone else can be questioned on these “Manhaj” issues. These “Manhaj” doctors include Rabee’, ‘Ubayd al-Jaabiree, etc. They follow them blindly in issues of Jarh and Tabdee’.
• The Madaakhilah tend to have a supportive position of the Saudi apostate regime, although they are supportive of most of the apostate regimes in general. But due to the fact that some of them do do Takfeer of some of these regimes (Syria, Libya, etc.), they always are in agreement in praising and supporting the Saudi regime by heart and soul.
• They are very quick and easy in declaring people to be innovators, even over issues which are not innovation, rather from the best of Islaam! Like Jihaad. As for things that are indeed innovation, if one falls into them, they prohibit reading or praising anything that person wrote. For example, Sayyid Qutb had innovations, but so did many many scholars of the past and present, who Ahl as-Sunnah, as well as the Madaakhilah, both quote, such as Ibn Hazm, an-Nawawee, Ibn Hajr, etc. Yet they absolutely prohibit to treat the books of Sayyid Qutb, or others like him in the same respect.
• Due to the fact that they hold many of these apostate rulers to be legit Muslims rulers/governments, and those who revolt against them to be rebellious Khawaarij bandits, they permit allying and befriending the apostate governments, even if that ends up in aiding these apostates against a Muslim. This is probably the worst of the Madaakhilah’s crimes (for those who hold this position) since it is apostasy, the apostasy of Mudhaaharah (helping the Mushrikeen against the Muslims).

In the end, they tend to take positions that are favorable for Islaam’s enemies, harsh against the Muslims, mimmicking the Khawaarij in their “killing of Islaam’s people, leaving the idol-worshippers.”

http://salafiyyah-jadeedah.tripod.com/Summary_of_Deviations.htm

Home, Black Dots and History

Being in Maryland this past week, I was reminded of two things: how much I miss my family and friends and how depressing I find the area of my birth. Prince Georges County is perhaps the most misbegotten stretch of suburban decay in all of America. Buildings sag and crack, cars rust and whine, roads heave and buckle, strip malls fade and eventually fall down only to be replaced by newer, no less decrepit generations. And everywhere you look people appear stricken. miniature mirrors reflecting their inanimate surroundings - mothers frown in line at the grocery store with raw-faced toddlers at their sides; men idle on sidewalks and at gas stations, arms and faces as slack as forgotten laundry; students, city workers and tourists watch for trains with heads bent low over damp newspapers and battered cell phones. Overhead, the sun refuses to shine, hung low in a sky laden with sadness and unshed snow.

And yet, it is home.

Although I don’t actually like Maryland, I’m comfortable there in a way I’ve not been able to replicate since leaving in 1995. I’m not sure, and it would take hours of therapy I can’t afford to find out, but I think this has more to do with my present life than my past. Although not rural, my current house in Fort Mill, South Carolina is miles from any type of excitement. My neighbors, all younger, perkier and blonder than I’ll ever be, have toddlers and responsibilities I can barely remember much less relate to. We speak, but superficially. Friendship is, it seems, out. For entertainment, I drive half an hour to meet other writers, go to the movies and take piano lessons in Charlotte. Yoga is twenty minutes away, as is Qi Gong and the nearest coffee shop – which because I can’t stand the silence of an empty house, is where I work. About the only thing I do that doesn’t burn half a tank of gas is cook, garden and play Super Mario.

Maryland is different. I was born there, went to school there, worked got married had a child lived there for 32 years. In addition to my brother Eric and his family, my aunt and uncle are there, as are my cousins, neices, sisters-in-law and several good friends. I still go back to my old job, drive by my old house, buy soap at the Smile Herb Shop and eat barbeque at Red Hot and Blue. Although the area is depressing – it’s in a way I’m familiar with. A Rizzo/Shirley relatives-living-in-trailors sort of way. That’s where the past comes in. My father (a Rizzo) was a hard-working man of great compassion and lousy judgement. He was also the most unlucky person I’ve ever known, starting with the day he was born as an only child to parents obsessed with children and ending the day he died a wrenching, painful death. Still, my brother is a close second. In spite of being warm, funny and smart – he never found his niche and so he flounders. As he stumbles about looking for a purpose in this world, drunk drivers smash into his car, termites infest his termite-proofed house and strays from three neighborhoods down limp to his door bearing diseases and kittens and begging for food. His wife and kids love him, but it seems to be against their better judgment.

In an attempt to explain and thus refute his many misfortunes, Eric developed a theory about fate based upon a trio of dots. There are, in this theory, three levels of luck in the world, all with a corresponding dot. Red signifies really good luck, the kind associated with fame, fortune and a good chin. Tan signifies reasonable luck, insuring that the bearer will land a decent job, marry well and sire/birth talented though not exceptional children. Black dots, Rizzo dots, signify horrible luck – leading to dead-end jobs, various forms of mental illness and/or jail. According to Eric, all Rizzos labor beneath the black dot. Although no Rizzo can aspire to a red dot, they can – as I did – marry one and thus attain tan status, increasing the likelihood that drunk-drivers, termites and starving kittens will pass them by.

Eric’s theory has, over the years, proved remarkably reliable, one might even say self-fulfilling, with the only exceptions being our children – all of whom have genes only lightly tainted by the stigma of the black dot. Eric’s oldest daughter is brilliant, with a Phd in molecular, biological, cellular something. His youngest is a gifted and determined writer. And my daughter, a lighting technician for Wooly Mammoth Theatre in DC, graduated from college and immediately ensconced herself in a profession she loves. That all three struggle mightily with the whole social thing is simply proof of their ancestry.

Perhaps my dottage (not to be confused with my dotage) is enough to explain the nearly unrecognizable lack of self-consciousness I enjoy in my hometown. We’re all misfits in this life – normal being no more than a out-dated, poorly defined word – but as with everything, there are degrees of deviation. Fleeing Maryland so long ago, I thought to leave the gloom behind. I don’t know, though. In trying to understand my love/hate relationship with the place I still call “home,”  I can’t help recalling the words of a friend, who once cautioned me against the lure and promise of escape.

“Just remember,” he said, “you can take the girl out of PG County, but you can never take PG County out of the girl.”

As much as the idea disturbs me – I think he might have been right.

Otford Rail Tunnel – Closed

The Otford Tunnel IS the grand daddy of all the six disused tunnels in the Helensburgh and surrounds area. None of the other five existing tunnels have more written about them than the Otford Tunnel. Technically it is the No.7 tunnel on the Illawarra line, measuring a whooping 1550m in length, more than double the length of any of the other five tunnels. The tunnel is dead straight right up until the Stanwell Park end where there is a short curve.

In the 70’s, my aunty would often look after me when I was quite young. She owned a house in Station Rd, Otford and I remember vividly hearing the trains roar by and tractors moving around in the approach of the northern portal of Otford Tunnel, then a busy mushroom farm. I clearly remember the smell of mushroom compost and used to watch the tractor turn the compost to see masses of steam rising from it. In the late 70’s my aunty met with one of the workers from the mushroom farm and a romance blossomed. He lived in the house which is located on the northern side of the school boundry next to the field, and left of the entrance road to the then mushroom farm.

Some time had passed and I remembered one afternoon going down to the mushroom farm with my cousin who was of similar age to me. We went into the northern portal of Otford Tunnel on the back of a tractor with my uncle, and goofed around in there while my newly related uncle did his job of farming mushrooms. I remember the smell of mushroom compost more than anything as the scent would emanate through the air and bathe the whole of Otford with its stench. I also remember many old wooden box crates piled on top of each other. They looked old, as the wood was that grey, weather beaten colour. The tractor used in the tunnel had really flat tyres and to my amazement and shock, I watched my cousin place his foot under the back tyre of the tractor. The expression on my face must have been of horror as my cousin just laughed at me. He said “try it”…”it doesn’t hurt”. Cautiously I did and I immediately wanted to pull away but kept my foot in the path of the tractor tyre. The tyre is coming closer and closer, I start to get nervous and it goes over my foot. A mass of pressure now starts to weigh on my foot but its soon over. “I did it” I yelled. I think we did it another 5 times after that. I have no idea what my uncle was thinking letting two children place their feet under a tractor tyre, but as I recall he didn’t say anything.
Years later I showed my Father a photo of the strange prawn looking tractor that has been discarded and abandoned in the Otford Tunnel. He told me that he remembers when it was in use, and that my uncle and his work mate used to fool around with that piece of machinery. I can’t remember it however… faint and distant are most of my memories of the Mushroom Farm, except the ones I have shared.

Another time I remember, was being woken very early and it was dark. (when you’re a very small child dark is sleep time). In thinking back, it must have been around 2-3am, and my uncle had a delivery of mushrooms to the Sydney Markets. The trip to the Markets was long and I think I must have slept most of the way as I can’t recall much other than a long drive in the dark. Upon arriving I remember the truck driving into a HUGE warehouse at night where there was loads of space and few people. I don’t remember much after that as I think I must have fallen asleep. A vivid memory it is and one that is etched into my mind. I must have been no more that 5 or 6 years old at the time.

A few years after this my aunty, uncle and two cousins packed up their belongings and moved north. Both houses are still intact and standing in Station Road, Otford today. Their appearance has changed but they are still there. All access to the northern end of Otford Tunnel is completely blocked. A couple of houses have been built near and on the driveway leading down to the northern end of Otford Tunnel, and the area outside of the tunnel where the mushroom production existed is completely overgrown with weeds and lantana.

Otford itself has a rich history and in the early days, grazing and farmlands in the valleys was common right up through to Lilyvale and beyond. The other areas in Otford were to be prized for their inhabitants of some of the best cedars in Australia supporting several mills at the time. A popular well known family in Otford around the 1860’s were the Gardiner’s who’s offspring included six sons and three daughters. Their property consisted of goats for milk, grapes for wine and the training of horses.

In the 1880’s the government decided that a rail link from Sydney to the Illawarra was needed as farming and mining warranted it. Gangers moved in the area starting at Westmacot (Waterfall) then Cawley and Camp Creek (Helensburgh) in 1884. By 1889 the 1st Helensburgh Railway Station opened sending its first train off to Sydney the following year. By 1885 the line had reached Otford and the gangers set up their camps to work on an engineering feat, the Otford Tunnel. During this time the township had the nickname of ‘Little Italy’ as most of the gangers on the tunnels construction were Italians. The rock removed to create the tunnel was an astounding 49,000+ cubic meters and the gangers would work in shifts to complete the tunnel. Five million bricks were made and used in the tunnels construction.

Soon after its construction, the Otford Tunnel became problematic with traffic as more and heavier trains started to use the line. Many trains would have to roll back to Stanwell Park station after stalling or having both travelers and engine crew of the trains, choked and asphyxiated in the tunnel. The engine crews only option was to shut off the engine, engage the brakes and roll back to Stanwell Park. Engine crew would split the carriages and make several trips up to Waterfall then reattach the full load and continue on. Many a story has been circulated by passengers and crew recounting stories of their torture through the Otford Tunnel. Although a tablet system* was introduced making the passage between Stanwell Park and Otford safe, the massive 1 in 40 grade made it very steep and difficult for heavy steam trains heading north.
*Only one train was allowed on the section at a time making it safe. The driver would pick up the tablet from Stanwell Park Station and head to Otford Station. Trains behind him could not leave Stanwell Park until the first driver had relinquished the tablet at Otford. This would be relayed to Stanwell Park that the train had successfully passed through the tunnel and the next train could continue.

In 1891 the powers that be decided to cut a ventilation shaft into the roof of the tunnel to aid in clearer and cleaner air. This was done approximately halfway into the tunnel at a depth of approximately 60m deep with the main vent shaft being 2m wide which expanded into the top of the tunnels roof forming a pretty impressive cone. This worked for a certain period of time but the problems of soot and smoke continued as time went by. Larger trains and more of them with greater loads compounded the problem. Other methods were needed to remedy this problem.

As the years went by, suggestions at the time (early 1900’s) consisted of a rope or cable to haul the trains through the tunnel, electrifying the line between Stanwell Park and Waterfall with a third rail being laid in the Otford Tunnel to provide the electrification as the roof had not enough clearance. Ideas that never came to be as plans for the deviation were in discussions and by 1908 the deviation was being re-surveyed to give a 1 in 80 grade. By 1909 the powers that be attempted another way to overcome the severe problems of soot and smoke. The installation of a massive blower system was initiated with a false portal being installed at the front of the original portal at the northern end. An engine room was constructed just outside the northern portal housing a massive gas engine, (later replaced with a steam engine). This would blow air through the tunnel south along the roof and walls clearing the tunnel of fumes and smoke in minutes. This remained in operation until the remaining section of the deviation works were completed in 1920. There was a delay in the completion of the deviation between Otford and Coal Cliff due to the war, and full operations on the new deviation didn’t swing into action til October 1920. The blower fan was later purchased by the Lithgow Mine in 1923 and was overhauled and converted into an exhaust fan at the mine.

After the Otford Tunnel was decommissioned on October the Tenth 1920, it became a nice walk for pedestrians as a shortcut between Stanwell Park and Otford. My favourite story of the Otford Tunnel revolves around the rectangular concrete brace holding up part of the tunnel just inside the southern end. Fears of a Japanese invasion had the government at the time securing all beaches around Sydney. Upon a successful invasion, the government had plans in place to prevent making the spoils of war easy. A plan was devised to blow up all bridges up and down the coast with the Sydney Harbour Bridge being the one exception. A ’scorched earth policy’ was also hatched and the Military ordered a test explosion which involved blowing up the Otford Tunnel to prevent intrusion of an advancing hostile enemy. The army exploded a demolition charge in the roof 30-odd metres in the southern end of the Otford Tunnel completely blocking access in 1942.

Years passed and water had banked up behind the fallen earth creating a dam. Hardly anyone could walk right through after the tunnel was blown in, although there are stories of some people being able to crawl through a small opening in the earthen heap, emerging at the Stanwell Park end during times of drought when not much water was present in the tunnel. During the early 60’s the mushroom farmers leased the tunnel to cultivate mushrooms. Sometime in the 70’s the mushroom farmers cleared the fallen debris from the explosion and erected a rectangular concrete brace to allow passage once again. By the late 80’s the mushroom cultivators had vanished and the land was leased to another company which ended up not allowing anyone to enter the area. During the late 80’s early 90’s several attempts by State Rail to restrict access to the tunnel had been implemented and shortly after vandalised and failed.

In 1999 the State Rail Authority deemed the tunnel unsafe due to erosion and past human actions. In 2000-2001 the Sydney Water Corporation made plans to have a sewerage pipe routed through the tunnel to link Stanwell Park to the sewerage system. Presentations were made to the Heritage Council who were advised of several other proposals but had considerable costs involved. The proposal were:

1. a pipeline laid partly following Lawrence Hargrave Drive with two pumping stations required in restricted areas;

2. a new tunnel to the cost of $8 million;

3. construct a pipeline over Bald Hill with similarities to the 1st proposal with greater environmental impact.

The cost to use the disused Otford Tunnel was quoted in section 60 of their application as being in the range of $500,000.00 to $1,000,000.00. After consideration by the members of the Heritage Council the members agreed that the presentation by Sydney Water to have been poor and lacking in detail. After much debate and working out of finer details, the council approved the application with several conditions.

• the pipe should be fixed to wall with non-ferrous fixings, preferably into the joints, and otherwise conform to Recommendation 1 of the Heritage Impact Statement (HIS);
• further consideration be given to reducing the visual impact of the pipe;
• the pipe should be buried at the south portal to conform to recommendation 4 of the HIS. The pipe is to be buried as far as possible in the tunnel without disturbing significant archaeology. The minimum length for the buried portion of the pipe within the tunnel, from the portal is 20 metres;
• that the location of the SPS4 pumping station conform to recommendation 6 of the HIS, but the precise location, elevations, construction details and details of any associated equipment be subject to approval by the Director of the Heritage Office. The detailed plans are to include the relationship of the pumping stations and associated equipment to the curtilage boundary of the item and to significant archaeology like the track bed;
• the pipe should remain buried from the south portal to SPS 4 pumping station and beyond it as in recommendations 5 and 7of the HIS;
• the nominated excavation director must be present to monitor any excavation works and to record any archaeological features that are located. Significant relics should not be removed and should be retained in situ. The pipeline is to be diverted around relics if found;
• the works will be supervised on site by a consultant/s experienced in the conservation of similar heritage items;
• the repair works required to the tunnel, to enable the installation of the pipe, must be carried out prior to or in parallel with these works. The repair works will require a separate section 60 application where they are in excess of the Standard Exemptions. These repair works must include items 10, 12 & 15 of the Recommendations of the HIS described by Edward Higginbotham & Associates;
• a Conservation Management Plan (CMP) should be prepared and endorsed by the Heritage Council prior to the repair works being carried out to inform the future management and interpretation of the heritage item. The CMP should include consideration for limited public access to the tunnel;
• a Conservation Management Plan (CMP) should be prepared and endorsed by the Heritage Council prior to the repair works being carried out to inform the future management and interpretation of the heritage item. The CMP should include consideration for limited public access to the tunnel;
• a photographic archival record shall be prepared including black and white prints and colour slides prior to the commencement of works. Copies are to be lodged with Wollongong Council and the NSW Heritage Office prior to the commencement of works;
• a photographic archival record as described above shall be prepared of any significant fabric uncovered during the course of the works. Copies are to be lodged as described in i);
• a photographic archival record as described above shall be prepared at the completion of the work. Copies are to be lodged as described above;
• a Heritage Agreement must be signed by Sydney Water (as applicant for the work), the State Rail Authority (as owner of the heritage item) and the Minister for Urban Affairs and Planning to cover the conservation, adaptive re-use and maintenance of the heritage item;
• the Heritage Council notes that as the proposal has the potential to improve visitor access to the tunnel a strategy that will facilitate safe public access and interpretation of the tunnel will be prepared to the satisfaction of the Heritage Council.

The last point has interesting implications from a rail and historic enthusiast point of view. I look forward to seeing what comes of it if anything. I remember reading a comment posted online from a surveyor who had passaged through the tunnel recently to survey it for the Water Board. I don’t think much has become of the proposal because as of October 2009, nothing has disturbed the growth of lantana and other weeds encroaching on the northern portal entrance of the Otford Tunnel, let alone the presence of a sewerage pipe. Nothing is in the tunnel except the remains of the mushroom cultivators machinery at both the entrance at the northern end, and a piece of machinery in the middle near the ventilation shaft.

Accessing the northern end of the Otford Tunnel is almost impossible if you don’t know how to access it. Access through the old driveway is now block as mentioned before, and western access is almost impossible. Cutting through the school is a commonly used access route but is fraught with danger such as lantana thick as aerosol cans and stinging nettle, not to mention the alignment floor is now a nice water reservoir. The false portal is still present although the whole portal can barely be seen because of weed infestation. Upon entry, you are immediately greeted with piles of rubbish abandoned by the mushroom farmer. Once passed, the floor of the tunnel is in very bad shape with areas completely washed away exposing the original 3 brick high water culvert which runs the entire length of the tunnel. Black walls are still present with the occasional chalk graffiti on the walls and some modern rubbish carelessly discarded on the tunnel floor. (nothing compared to the mess left behind by the mushroom cultivators). The tunnels length is astounding and just goes on and on, dead straight till the light at the northern end is a small speck. The tunnel must of been hell to travel on via a steam train. Towards the bend and end of the tunnel, the roof dramatically appears closer to you as the amount of erosion and earth run off has build up the area around the southern end. So much has washed down that the first manhole in from the southern end just pass the concrete brace, is at knee height. Much graffiti and vandalism has occurred at the Stanwell Park end including the damage and removal of four layers of bricks on the left side of the portal which lined the tunnel and entrance.

The Otford Tunnel is truly a magnificent feat of engineering and hard work. The work involved just boggles ones mind when you consider man power made the bore and lined it with an artwork of bricks. Hats off to the gangers. Well done, even though the tunnel had a relatively short life of 32 years.

Otford Tunnel, 121 years old and still there.

Opened: 3 October 1888

Closed: 10 October 1920

The Otford Tunnel is listed on the State Heritage Register as item number 1219.

http://www.nswrail.net/locations/show.php?name=NSW:Otford+Tunnel

I finished my Contemporary Literature paper last Friday. Now, I just need to send it through e-mail or print it before leaving it on Sir June’s table. Afterwards, I’ll get my grade.

From Wednesday to Friday (or Saturday morning), I’ll be out for COPRE (College Press Conference) so I won’t be, in theory, able to go online for updates and such. Cross your fingers so I may be lucky enough to win something.

Earlier, I finished typing my autobiography for a Theology class. I’ll be (hand)writing it tomorrow.

I was planning to update this place with an old article last published on Aklan Collegian, or the autobiography actually (but I haven’t passed it yet so I won’t publish it anywhere else), but this will have to do for now.

The last week, though tedious, brought out new sources of creativity for me and thus I had the following poetry as products of my wit. Special thanks to the people mentioned. Hopefully, this continues throughout the year.

———–NEW DEVIATIONS

Tap-tappity-tap-tap. Finally, this piece broke (hopefully) my literary rut. I’ve been having a bad case of writer’s block (or writer’s laziness, to be more precise) for a few months but it all ended earlieryesterday when I risked my lifeskipped lunch just to come up with something new.

See how desperatedetermined I am?

Bottomless. Looks like I wrote my first sociorealist poem. I was hoping for another horror and macabre (or just something creepy and strange) piece but I get this. Well, maybe it shares some elements with the latter genre. Is there a hint of dark romanticism? I fail at noticing those things on my own work.

Who says annoying iced tea commercials can’t inspire a bored and desperate writer? /rhetorical question.

source: deviantART

† Jofer

This is in memory, for all those
forgotten;
for those who can’t cry
for those who have died.

This is for the hidden faces;
the disappeared and wandering.
For those who call home:
no voice, and no answer.

This is for those who remember,
who watch, and wait,
sitting up at night,
unable or unwilling to sleep.

Here’s to the people
who are going away,
those who look astray,
and like it that way.

Here’s to those
who can’t help but search;
for self definition, self recognition,
and destroy themselves in the process.

You will be remembered,
and you ARE loved.

This is for those who wish
they’d disappear;
they’d become the shadows,
they’d become the whispers.

Your echoes resound, late at night
in the rustling of leaves
and the far off howl
of dogs, the breaker of suburb silence.

We’ll hear them,
though not always understanding
or knowing they are you,
and we’ll say:

This is for you;
these moments alone and feeling unalone.
These haunting memories,
and anxious questions.

–is anyone there?
-hello?
-come on, stop playing games!
-come out!

Talking to the dark,
it’s talking to us,
you’re talking.
You are the shadows,

You are the whispers.
-I wish I could have loved you.
-I’ll never be good enough.
-I never got to say goodbye.

This is for you.
This is your prayer.
I love you so much,
and want to help;

Loneliness ends;
even when you least expect it.

In Japan’s early history, a serious disregard for manners could be punishable by death, and any samurai could kill any common person who failed to show him proper respect. The Japanese were required to behave in precisely prescribed ways—wearing permitted clothing, walking only a certain way, sleeping with their heads pointing in a certain direction and legs arranged a particular way. Eating, greeting, gesturing with hands, opening doors and many work tasks had to be done in assigned ways without deviation. Conduct became a measure of morality, and virtue in manners was visible for all to see. Even today, the code of conduct plays a significant role in the lives of the Japanese. Many societies, not Japan alone, have a prescribed form and manner for every familiar situation that might arise. Unforeseen situations can cause intense embarrassment or discomfort. Throughout East Asia, actions are judged by the manner in which they are performed. More important than the accomplishment of a task is the question of how someone went about trying to complete the task: Did he act sincerely? More important than winning the race is the grace of the runner. More important than expertise is the way one gets along with others. More important than profits is harmony. In contrast, Westerners and particularly Americans are more concerned with the principles of things, hard “measures” and objective facts. Although rules of ethics are extremely important, we are more goal oriented than method-conscious, we say “a good loser is a loser.”

One aspect of form is the concept of “face.” Much has been written about “face-saving” in Japan and China, but face-saving is important absolutely everywhere. The difference is only a matter of degree and nuance. Where an American might feel a little guilty or inadequate, an Asian, Arab or South American may feel deep shame and humiliation. What an American might see as a little honest and constructive criticism, the foreigner may take as a devastating blow to pride and dignity. A foreigner is likely to be sensitive to feelings of others in transactions that an American would consider strictly impersonal, such as returning a defective product or switching hairdressers. The traveler simply must be more conscious of saying things or behaving in ways that cannot be taken as disrespect, criticism or humiliation. In some countries it seems just about anything can be taken personally, even such indirect affronts as not taking your shoes off in a mosque or complaining about the heat.

Harmony with the environment can be as important as sensitivity to people in some cultures. In Japan a woman wears a soft pastel dress to a flower show so as not to take away from the beauty of the flowers. In countries where people believe in reincarnation they are careful about all forms of life. In India, for example, people are careful not to swallow gnats or step on ants—one might be a relative.

My Consultancy–Asif J. Mir - Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, Lectures, Line of Sight.

i am pretty much addicted 2 deviation

it has been running 4 2 years on the first wed of evry month

its always big

november saw sa-ra creative partners bless us with their gifts

it was glorious

full album on fbook

]]> http://remarquez.ca/2009/11/13/jurisprudence-variation-de-vocabulaire-et-deviation-de-marques/ Fri, 13 Nov 2009 16:29:52 +0000 Sébastien Lapointe http://remarquez.ca/2009/11/13/jurisprudence-variation-de-vocabulaire-et-deviation-de-marques/ http://brealsousmontfort.wordpress.com/2009/11/01/aller-et-venir-a-et-%e2%80%a6-dans-breal/ Sun, 01 Nov 2009 11:43:35 +0000 Roger Ribault http://brealsousmontfort.wordpress.com/2009/11/01/aller-et-venir-a-et-%e2%80%a6-dans-breal/

Le trafic routier en centre-ville est une source de nuisances importantes. Il contrarie le commerce en centre-ville et il constitue un danger pour tous, jeunes, personnes handicapées, adultes et jeunes parents avec leurs enfants.

Nous proposons que :

L’aménagement du rond-point des Quatre Routes ne soit plus différé.

L’étude et mise en œuvre d’un plan de circulation. Les voies nouvelles nécessaires à sa mise en place seront une priorité. La déviation ouest constituera une voie structurante du développement à venir.

Dans l’attente, des décisions ponctuelles doivent être prises pour dissuader le trafic de transit des camions. Une consultation publique de la population sera lancée dans les meilleurs délais.

Un espace sécurisé pour les piétons sera crée en centre ville. L’espace public sera partagé par les cyclistes, les automobilistes et les piétons qui seront prioritaires dans la zone urbaine limitée à 30 km/h. sur cet espace sera institué le principe d’un stationnement de courte durée, gratuit, pour favoriser la rotation des autos et par là le commerce de proximité.

Ces propositions étaient déjà au coeur de notre programme pour les élections municipales en 2008.

Rappel du programme de Bréal Autrement en 2008 pour les municipales

IQT3 pdf revision notes download

Covers

1. Arithmatic Mean
2. Mode
3. Medean
4. Dispersion
5. Range
6. Variance
7. Standard Deviation
8. Mean Absolute Deviation
9. Semi-interquartile range

It is the common query, heard everywhere, in and around bangalore.

The normal procedure to build a house, apartment begins with the sanction of the building plan as per by laws from the appropriate authority.
The building must be constructed as per the sanctioned plan.
When, it is not constructed as per the plan and when it is violated it is considered as DANGEROUS BUILDING as per KMC Act.
Normally a site of 30feet X 40 feet of 1200 feet site is allowed or permitted to build 1.5 times of the Floor Area Ratio- that is 1200 sft and 1.5 times is 1800 sft. But , when the structure is built beyond 1800 feet , it is termed as illegal construction and have violated the sanctioned plan, deviating from the sanctioned plan, would not be allowed.

That is called AKRAMA. Such mistakes are regularised through this regularisation scheme of the Governement under AKRAMA-SAKRAMA.

BDA finds violations in luxury residential apartment

IDEB Projects Pvt Ltd and Parkway Developers, which has built a 697-unit luxury residential apartment complex on Sarjapur Road, had violated the plan sanctioned by the Bangalore Development Authority.
BDA inspected the complex on July 1, 2009, & issued notice to H.S. Bedi of M/s Parkway Developers on July 5, the BDA Executive Engineer (East Division) has pointed out four major violations which were noticed during the inspection of the apartment complex . IDEB Projects Pvt Ltd and Parkway Developers. had obtained the commencement and the occupancy certificates only for the wings A,B and C of the building-1, while no such certificates have been obtained for wings D, E and F of building-1 and the building -2 having wings G, H, I and J. The BDA also said that many dwelling units were allowed to be occupied without the occupancy certificates.
While asking the developer to set right the violations, the BDA has directed IDEB Projects Pvt Ltd and Parkway Developers to obtain the occupancy certificate by furnishing statutory clearance of departments concerned within seven days from the receipt of the notice.
The BDA has issued a Direction to vacate the premises which had not obtained occupancy certificates, is the direction to vacate all these flats in the wings D, E. F, G, H, I and J till the occupancy certificate is obtained.
BDA said that the purchasers had the responsibility to get occupancy certificates from the builder before occupying the flats. But the residents were unaware of these facts caught napping.
IT IS BUYER BEWARE . The entire responsibility lies on the buyer.
HENCE, BEWARE AND BE CAREFUL.

In order to brush up some elementary statistics, I decided to read more about standard deviation as a measure of variability. What I couldn’t understand initially was the difference between

as ’standard deviation of a sample’, and …

which is ’sample standard deviation’.The difference here lies in the denominator – n versus n-1.

The wikipedia article on SD calls it Bessel’s correction and the wiki entry on that is equally impenetrable, only for qualified mathematicians. Here’s a more plausible (in my own words) explanation of the reason behind reducing n to n-1 that I read in the book ‘How to think about statistics’:

Enter Degrees of Freedom.

They are essentially values of data, or scores, that are free to vary. Consider a set of 5 numbers. If you were asked to guess those numbers, you could theoretically be free to think of any number. Let’s say that the first number is 3. What’s the second number? Again, you could think of anything. Let’s say you come up with 4 (let’s keep it simple); and so on (3, 4, 5 and 7). Now, assuming you know the mean (5 for our example) of the scores, what could be the missing value? There’s only one possible number – 6.

So, if you know the mean of a set of scores with a single value missing, you are no longer free to select its value and the only way to determine value for the 5th score is by using the remaining 4 scores. That’s the n-1 right there.

When you calculate the mean of a set of scores, all scores were free to have whichever values they were. So you divide them by n and get a mean for that set of scores. Remember, when you calculate the mean for score(s), your degrees of freedom remains n.

When you calculate standard deviation, you are not using those independent values, but the mean as well! If you had a score missing, using the mean would have been fine. However, in order to ensure our standard deviation isn’t biased and is based on ‘truly independent’ scores, you have to make corrections for the loss of a single degree of freedom.

Which is why an ‘accurate’ formula for standard deviation will have n-1 and not n. The reason this is usually ignored is that the effect on standard deviation for a large set of scores doesn’t really change that much. A sample of 100 scores will only have 1% difference on the number of samples to be used.

I know I sound like a complete novice at this – I am. Knowing mathematics and actually writing about it are two completely different things. Let’s see if I can learn both (wink).

The Government of Karnataka has finally penned down the AKRAMA-SAKRAMA Scheme. 50% of the violations and deviation in the residential construction will be regularised in A and B zone and the commercial structures will be regularised by 25% respectively. The penalty is based on the guidance value. The cut off date might be 30-06-2007 or 31-12-2007, 30-06-2008 or 31-12-2008. It has not been clear regarding the cut off date. More than 50% residential and 25% commercial structures will be demolished. This is one time opportunity for violators. Even the Ordinance, if promulgated, has to undergo Judicial scrutiny, as there some PIL is still pending in the Honourable High Court Of karnataka. Main beneficiaries are builders and developers and all those, who have already bought apartments, which have blatantly violated sanctioned building plans and building by-laws. Most of the apartments in Bangalore, does not have COMMENCEMENT CERTIFICATE, which is mandatory and COMPLETION/ OCCUPANCY CERTIFICATE. The Honourable High Court of Karnataka has directed BESCOM AND BWSSB not to provide services, for the buildings, which have violated the sanctioned plans and by laws. The KATHA issued by the local municipal authorities stands automatically canceled and Katha certificate will not convey any right, interest and titles. It is an account with the local municipal administration. Even payment of property taxes, will not in any manner, make the titles clear and marketable, when the by laws are violated. IGNORANCE OF LAW IS NO EXCUSE.

Consulter la biographie de la Baraka

Fairly minor news, but a lot of Tanuke readers get their art through DA. The new layout is a bit more segmented and seems to have a few more features than before. But for the most part it’s just a slight rearrangement of the original layout.

That explains the downtime earlier today.

Antwort: Der Kursunterschied (in Grad) zwischen dem festgestellten Kompasskurs und dem magnetischen Nordkurs wird Deviation genannt. Diese Deviation kann die Vorzeichen plus oder minus tragen und ist von Fahrtengebiet zu Fahrtengebiet unterschiedlich. Die Deviation kann den entsprechenden Seekarten entnommen werden.
Je weiter der Kompass von potentiellen Störquellen (andere Kompasse, Feuerlöscher, Lautsprecher, Elektrokabel, metallische Steuerelemente, Fotoapparate, Werkzeuge, etc.) entfernt ist, desto geringer fällt die bordeigene Ablenkung aus. Nehmen Sie die Deviationswerte auf und übertragen Sie diese auf eine Deviationstabelle, die Sie neben dem Kompass anbringen. Die Deviationskurve muss jedes Jahr und für jedes Fahrtengebiet neu erstellt werden.

Wie Sie eine Deviationstabelle erstellen, können Sie hier nachlesen.

Von Jessica Lenz

On s'arrête ? On continue ? On va où ?

Après la relative déception et l’incompréhension liées à la lecture de l’exposé de la vision partagée à long terme, la France expose dans un second temps ses objectifs globaux en terme de réduction d’émissions. De très nombreux points sont développés dans cette partie que je vais tâcher de vous expliquer un par un. Pour cela, il faut nettement distinguer trois sous-parties, l’une sera consacrée aux pays développés, une autre aux pays en développement et une troisième relative à des points divers tels que les forêts, le transport maritime et aérien.

Côté pays développés:

Après avoir rapidement réintroduit les objectifs généraux de réduction des émissions pour l’année 2020, la France attaque directement le vif du sujet, qui est celui des pays de l’Annexe I. L’annexe I représente l’ensemble des pays concernés par les obligations de réduction des émissions de CO2. Entrer dans ce club de l’annexe I a de nombreuses conséquences pour le pays en question, il doit d’une part réduire ses émissions, et d’autre part contribuer et aider à l’adaptation des pays en développement. Clairement, cela va leur coûter. D’autant que l’objectif de réduction des émissions est enfin et clairement précisé. Il s’agit d’un objectif de 30% pour les pays développés. Là encore, on peut développer une double analyse. Il est vrai qu’au regard de nombreux pays du Monde, 30% peut paraître ambitieux ; mais au regard de la science, 30% se situe tout de même dans le bas de la fourchette conseillée par les scientifiques du GIEC.
En vertu du développement de certains pays du Monde entre 1997, date de l’accord de Kyoto, et nos jours, des pays doivent, selon la France, intégrer l’annexe I, parmi ces pays, on compte :

• Chypre et Malte, depuis leur intégration dans l’Union Européenne,
• La Macédoine, la Serbie, le Monténégro, la Bosnie Herzegovine, et l’Albanie en tant que pays candidat à l’entrée dans l’Union Européenne,
• Le Qatar, les Emirats Arabes Unis, Brunei, le Koweit, Singapour, Bahrein (pays ayant un PIB par habitant supérieur à la moyenne des pays de l’OCDE).

Il n’y a malheureusement pas de trackers pour ces pays, mais il est clair que l’ambiance dans ces pays ne doit pas être au beau fixe, passer de simple spectateur à acteur de la lutte contre les changements climatiques ne doit pas être si simple à accepter !

De plus, apparaît un point qui me semble être relativement récent dans les négociations (je n’ai pas souvenir d’un tel mécanisme dans le protocole de Kyoto), la comparabilité des efforts. Ce mécanisme permet d’adapter les objectifs de réductions au regard de la capacité du pays à réduire ses émissions. La comparabilité est enfin expliquée plus clairement avec différents critères mis en avant par la France tels que le potentiel de réduction des émissions, ou bien encore l’impact macroéconomique des efforts de réductions (il existe 3 autres critères que vous pourrez retrouver directement dans le mémo français).

Côté pays en développement :

Concernant les pays en développement, est rappelé l’objectif de déviation. Le terme paraît très barbare, probablement encore un de ces termes extrêmement technique qui vont rendre l’application d’un éventuel protocole de Copenhague toujours plus compliquée. En terme plus simple, la déviation des émissions se construit sur un système prévisionnel dit « business-as-usual », l’État en question devra réduire ses émissions donc non pas par rapport à une base passée, mais à une prévision future.

Prenons un exemple. Un pays en l’an 2009 émet 1Gt de CO2 par an (lire une gigatonne, soit 1 milliard de tonnes de CO2) ; selon les prévisions (prenant en compte notamment la croissance économique actuelle, ou bien encore la démographie), qui seront probablement établies par le secrétariat de la convention des Nations Unies sur les Changements Climatiques, ce même pays émettra 2 Gt en 2020. La déviation des émissions encouragera et aidera le pays à n’émettre qu’entre 1,7 (si 30% de déviation) et 1,85 Gt (si 15%) de CO2 en 2020. Pour atteindre ces objectifs de déviation, ces pays devront développer des stratégies de développement faiblement émettrices en gaz à effet de serre.

Enfin, un dernier paragraphe appelle les pays émergents parmi lesquels la Chine, l’Inde, le Brésil, l’Afrique du Sud, et l’Indonésie à montrer une forte volonté politique à la réussite du processus de négociations.

Cette partie est relativement intéressante, si elle s’accompagne d’une aide conséquente pour développer de tels projets et permettre à ces pays en développement d’atteindre les objectifs de déviation que la France propose.

Le Maersk, plus gros porte-containers au Monde

Forêts, bateaux et autres avions :

Relativement aux forêts, il y a assez peu de choses nouvelles à relever, si ce n’est ce grand écart pratiqué par la France au regard de la décision du Conseil des Ministres. En effet, là où le Conseil s’accordait sur une réduction d’au mois 50% de la déforestation, la France ne propose qu’un peu clair système visant à maintenir et augmenter les stocks de carbone terrestre.
Enfin, derniers points très intéressants relatifs aux réductions d’émissions liées d’une part au transport aérien, mais également au transport maritime. Concernant le secteur aérien, une réduction de 5% des émissions est proposée pour l’année 2020 avec 2005 pour année de référence. Est-ce assez ? Sachant que le transport aérien représente déjà 4% des émissions mondiales, et qu’un simple aller-retour entre Paris et NYC suffit à émettre 2 tonnes de CO2 ; on ne peut que se poser la question de savoir si une simple réduction de 5% sera suffisante pour prévenir des conséquences de l’augmentation mondiale du transport aérien…

Le bilan pour chacune des parties pourrait être à chaque fois le même. Au niveau international et en comparaison des autres pays développés du Monde, la France passe pour un bon élève. Mais eu égard à la science, et à la réalité des enjeux climatiques, on ne peut que se dire que la France peut et doit mieux faire. D’autant que de nombreux restent encore des grands points d’interrogation, notamment relatif à l’acceptation des stratégies qui ressemblent presque à des mises sous tutelle du développement des pays en développement.

While buying a house, ensure all documents are in order.

Transactions in immovable property are carried out by parties in properties containing the following elements:

Original owner.

Intermediary owners.

Promoter.

Developer.

Contractor.

Investor.

Marketing agency.

Prospective buyer.

Lending institutions.

Association of Owners.

The following are the nature of properties:

Land.

Houses.

Flats/apartments.

Infrastructure.

Special amenities and facilities.

The following are the nature of rights:

Ownership.

Possession.

Leasehold rights.

Rights under a mortgage.

Easement.

Licence.

Lien.

There are two types of inheritance and succession:

Intestate succession i.e. by operation of personal laws.

Testamentary succession i.e. through wills.

Titles

Three-tier legal scrutiny of titles is essential:

In the hands of the present owner.

In the hands of the prospective buyer for his benefits.

For the benefit of the lending institutions.

Issuing public notice in leading English and vernacular newspapers, inviting objections or claims, is recommended in all cases.

Properties attract the following taxation:

1) Service Tax (on services in contracts).

2) VAT (on transfer of goods in contracts).

3) Income tax on income and capital gains.

4) Tax exemptions and deductions under special schemes for housing, economic zones etc.

The following are various modes by means of which any person can acquire any type of right, title and interest in an immovable property:

1. Direct purchase/transfer.

2. Gift/settlement.

3. Will/probate/succession certificate.

4. Intestate succession and inheritance.

5. Partition, release, family settlement, reunion.

6Family arrangement.

7. Partition among co-owners.

8. Property as a capital contribution in a firm.

9. Distribution of assets in a firm on reconstitution and on the dissolution of a firm. 10. Private trust.

11. Amalgamation, merger, de-merger and liquidation of companies.

12. Rights and interests held through shares in companies, cooperative society etc.

13. Adverse possession.

14. Awards in arbitration proceedings.

15. Orders and decrees of courts of law and other statutory authorities

including Lok Adalats.

16. By operation of various provisions of personal laws relating to Hindus, Mohammedans, Christians, Sikhs, Parsis, Jews etc.

17. By operation of law under laws relating to other persons and legal entities including cooperative societies, other societies including mutual benefit societies and other Association of Persons.

18. BDA sites.

19. Land acquisition.

20. Urban Land (Ceiling and Regulation) Act, 1976 (now repealed).

21.By grants given or orders passed by Governments and statutory authorities.

22. By a Conciliation Order passed under section 19(v) (i) and (ii) read with Section 21 of the Legal Services Authority Act, 1977. Such an order can be passed by a High Court Judge and other competent authorities by which rights and interests between contending parties can be settled and established.

Let us look into tracing, investigation, verification and certification of titles.

Tracing of titles

The tracing of titles should begin with the tracing of the earliest documents available pertaining to the property which, in all probability, will pertain to the documents obtained by the first owner.

First owner: The earliest original documents, records, order of a court or government or a statutory authority by which the rights to a particular immovable property is vested with the first owner.

Intermediary parties: The subsequent documents, records or orders of the type mentioned above, duly recording in a chronological unbroken sequence of legal acts, events, identifying and tracing the title in the hands of the various intermediate owners till the last owner i.e., the transferor.

Current owner: The documents of title with the current owner i.e., transferor, including the document by means of which he has acquired title and other documents like the Khatha, Encumbrance Certificate and tax paid receipts up-to-date.

An investigation of these records must be made before a certification of these records by an advocate. Investigation is the verification of the actual existence of these records in the books/registers of the various departments mentioned above. Certification, on the other hand, is done only on the basis of records produced before an advocate on an apparent examination of the same by him.

Encumbrance Certificate

Various kinds of transactions and matters mentioned below will not be entered in Book-I maintained by Sub-Registrars and hence will not appear in an encumbrance certificate furnished either in Form 15 or in Form 16 by the Sub-Registrar exercising relevant jurisdiction. Hence, other modes of evidence and documentation are required to confirm the title. The following are the transactions and matters not included in the encumbrance certificate:

1. Oral tenancy.

2. Litigation in courts (Lispendens).

3. Tax liabilities

4. Unregistered mortgage by deposit of title deeds.

5. Prior unregistered agreements.

6.Oral Partition/Family Arrangement.

7. Oral gift under Mohammedan Law.

8. Unregistered will.

9. Rights and interests held through partnership firms, Association of Persons, societies including cooperative societies, companies etc.

10. Unregistered agreements, MOUs, general power of attorney etc.

11. Rights of third parties not directly recorded in documents.

12. Orders and decrees of courts, statutory and tax authorities.

13. Rights through possession, part performance, equitable title under Section 53-A of the Transfer of Property Act, 1882.

Safeguards

Many safeguards have to be taken to ensure the vesting of a clear, absolute and marketable title in the hands of the purchaser or any person acquiring any interest in the property in question in any manner whatsoever. Some of the safeguards are mentioned below:

1. Obtain court permission for sale of minor’s share.

2. Make all major co-parceners parties in case of Hindu Undivided Family.

3. Ensure compliance of legal formalities by companies, other persons and legal entities.

4. Examine Government records, documents and papers.

5. Verify original documents of title and lodge the same with a common custodian in Escrow.

6. Issue public notice through newspapers.

7. Verify marketability of title.

8. Make all other interested parties as parties in the transaction.

9. Obtain confirmations and affirmations through affidavits.

10. Obtain possession in part performance.

11. Appropriate court action for injunctions, specific performance etc.,

12. Resolve disputes through arbitration or through family arrangement.

13. Avail the benefit of other legal remedies and reliefs as provided under different transactions, different laws applicable.

14. Obtain general power of attorney to derive powers and authority to carry out all acts in general and certain specified acts, deeds and things in relation to the immovable properties and the rights, interests and title relating thereto.

15. Register agreements and get attestation by Notary Public on documents.

16. Obtain Encumbrance Certificates, tax paid receipts and certified copies of other papers and records held by statutory authorities.

17. Verify if there are any restrictions relating to land granted including restrictions in respect of land of Scheduled Castes and Scheduled Tribes.

18. Protect the rights or possession under section 145 of the Criminal Procedure Code from statutory authorities.

Vital documents for acquiring BMP, BDA property

The following are the documents of title with respect to properties located within the jurisdiction of the Bangalore Mahanagara Palike which are to be obtained from the present owners and verified before purchase/acquisition by lease, mortgage:

Primary documents

1) Parent Deed by means of which the present owner/owners acquired title to the property.

2) Building sanction plan issued by the Chief Executive Engineer, Bangalore Mahanagara Palike, in case of a building constructed on the property.

Secondary documents

1) Khatha Certificate issued by the Bangalore Mahanagara Palike in the name of the present owner/owners.

2) Khatha Extract issued by the B MP.

3) Tax paid receipts issued by the BMP evidencing payment of taxes in respect of the property.

4) P.T. Sheet and Chalta issued by the City Survey Department containing the sketch of the property in question and its measurements.

5) Encumbrance Certificate (preferably in Form 15) issued by the Sub-Registrar exercising relevant jurisdiction over the property for a period of not less than 30 years.

6) Copy of the plan sanction issued by the BMP for the construction of a house or residential or commercial multi-storeyed building.

7) Copy of the Commencement Certificate of the BMP issuing permission to commence construction of a multi-storeyed building.

Copy of the occupancy certificate issued by the Palike certifying that the building constructed on the schedule property is in accordance with the sanctioned plan.

9) Copy of the receipt evidencing payment of compounding fees to the Bangalore Mahanagara Palike for regularising the deviation, if any, made from the building sanction plan.

10) Copy of the No Objection Certificate from the Fire Services Department.

11) Copy of the clearance to operate lifts in the building issued by the Chief Executive Engineer, BMP.

12) Copy of the Clearance Certificate issued by the Pollution Control Board.

13) Copy of the Endorsement issued by the Director, Fire Services Department, by means of letter addressed by him to the Bangalore Mahanagara Palike stating that he has no objection to the BMP issuing an occupancy certificate in respect of building constructed on the property.

14) No Objection Certificate from the Airport Authority of India.

The documents mentioned in (6), (7), (8), (9), (10), (11), (12), (13) and (14) usually arise in the case of multi-storeyed buildings and large layouts.

BDA jurisdiction

The following are the documents of title with respect to properties allotted and/or sold by the Bangalore Development Authority to the present owner/owners which need to be obtained by every prospective purchaser:

Primary documents

Allotment letter issued by the Bangalore Development Authority in favour of the present owner in respect of the property.

Possession letter issued by the Bangalore Development Authority in favour of the present owner in respect of the property, recording handing over of possession of the property to the present owner.

Absolute Sale Deed executed and registered in favour of the present owner by the Bangalore Development Authority in respect of the property after the expiry of 10 years from the date of allotment.

Building sanction plan issued by the Bangalore Development Authority where a building has been constructed on the property.

Secondary documents

Khatha Certificate issued by the Bangalore Development Authority in the name of the present owner/owners.

Tax paid receipts issued by the Bangalore Development Authority evidencing payment of taxes in respect of the property up-to-date.

Encumbrance Certificate (preferably in Form 15) issued by the Sub-Registrar exercising relevant jurisdiction from the date of allotment up-to- date.