IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No. 29934/2019(LB BMP) BETWEEN:
MR B. RAVI GOWDA S/O LATE K V BYRE GOWDA AGED ABOUT 54 YEARS R/AT JAKKUR, YELAHANKA HOBLI BANGALORE NORTH TALUK BANGALORE-560064.
(BY SRI. R SRINIVASA GOWDA,ADV.) AND ... PETITIONER 1. THE COMMISSIONER BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE-27 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD KUMARAKRUPA WEST BANGALORE-560020 ... RESPONDENTS (BY SMT. M C NAGASHREE ADV. FOR R1, SRI. NARENDRA GOWDA, ADV.FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT-1 AND 2 TO ISSUE "TRANSFERRABLE DEVELOPMENT CERTIFICATE" OF THIER LAND BEARING SY NO.13 SRIRAMPURA VILLAGE YELAHANKA HOBLI, BANGALORE NORTH [ADDL] TALUK UTILIZED IN PURSUANCE OF THE NOTIFIATON DTD:16.2.2009 FOR THE WIDENING OF "JAKKUR FLYING CLUB ROAD [GAS PIPE LINE ROAD]" NOW IT IS NAMED AS "K.V.JAYARAM ROAD" ISSUED BY THE RESPONDENT-1 AS PER ANNEXURE-C AS PER THE PROVISIONS OF THE KARNATKA TOWN AND COUNTRY PALNING [BENEFIT OF DEVELOPMENT RIGHTS] RULES 2016.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING “B” GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this writ petition, the petitioner is seeking the following reliefs:
a) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction and direct the respondent Nos.1 & 2 to issue “ Transferable Development Certificate” of their land bearing Sy No.13 of Srirampura Village Yelahanka Hobli, Bangalore North(Addl.) Taluk utilized in pursuance of the Notification dated: 16.02.2009 for the widening of “ Jakkur Flying Club Road “(Gas Pipe line Road)” now it is named as “K.V.Jayaram Road” issued by the Respondent No.1 as per Annexure-C as per the provisions of the Karnataka Town and country planning (Benefit of Development Rights) Rules, 2016.
b) Issue any other writ, order or direction as this Hon’ble court deems fit on the facts and circumstances of the case to meet the ends of justice.
2. The case of the petitioner is that on 16.7.2009, the respondent No.1 has issued notification thereby notified the acquisition of land for the formation/widening of “Jakkur Flying Club Road (Gas Pipe Line Road)”. Now it is named as “K.V.Jayaram Road”. If the owners relinquish their right in favour of Corporation, the Corporation will issue Transferable Development Right (TDR) as per Section 14-B of the Karnataka Town and Country Planning Act, 1961.
3. The land bearing Sy.Nos.14, 15, 16 and 22 of Srirampura Village, which are adjacent to the lands of the petitioner were acquired under the same notification for formation of the Jakkur Flying Club have been issued TDR Certificate on 31.1.2015. Further, the case of the petitioner is that the petitioner is the owner of the land bearing Sy.No.13 of Sriramapura Village. In respect of petitioner’s lands, the respondents have not issued the TDR certificate.
4. The learned counsel appearing for the BDA submitted that only if the BBMP has recommended for issuing TDR, the BDA will issue the TDR certificate.
5. The learned counsel appearing for the respondent No.1-BBMP submitted that if this court grants reasonable time, the respondent No.1 shall verify whether the petitioner is entitled for TDR certificate and thereafter his case will be recommended to the BDA for issuance of TDR certificate.
6. Heard the learned counsel appearing for the parties.
7. The case of the petitioner is that the petitioner is the owner of the land bearing Sy.No.13 of the Sriramapura Village. In respect of lands bearing Sy.Nos.14, 15, 16 and 22, which are adjacent to the land of the petitioner, which have been acquired under the notification dated 16.7.2009 for formation/widening of Jakkur Flying Club have been issued TDR certificate on 31.1.2015. But insofar as petitioner’s land is concerned, the TDR certificate has not been issued.
8. In view of the submission made by the respondent No.1-Corporation, the respondent No.1- Corproatiion is directed to consider the case of the petitioner in accordance with law. If the petitioner is entitled for TDR certificate, the Corporation shall recommend the same to the respondent No.2-BDA. If such a recommendation is made from the respondent No.1, the respondent No.2 shall issue the TDR certificate in accordance with law within three months from the date of recommendation.
With the above observations and directions, the writ petition is disposed of.
Sd/- JUDGE DM