IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.47955/2018 (LB-BMP) Between:
Mr. H.M. Nataraj, S/o Mr. H. Mallikarjunaiah, Aged about 58 years, R/at No.453/1, OTC Road, Cottonpet Cross, Bengaluru – 560 053. … Petitioner (By Sri Nishanth A.V., Advocate) And:
1. Bruhat Bangalore Mahanagara Palike, N.R. Square, Bengaluru – 560 002, Represented by its Commissioner.
2. Karnataka Slum Clearance Board, No.55, Abhaya Bhavan, 3rd Floor, Risaldar Street, Seshadripuram, Bengaluru – 560 020, Represented by its Commissioner.
3. The Deputy Commissioner, Bengaluru Urban District, K.G. Road, Bengaluru – 560 009.
4. State of Karnataka, Urban Development Department, Vikasa Soudha, Dr. Ambedkar Veedhi, Bengaluru – 560 001, Represented by its Chief Secretary.
5. Bangalore Development Authority, Kumara Park West, T. Chowdaiah Road, Bengaluru – 560 020, Represented by its Commissioner. … Respondents (By Sri Amit Deshpande, Advocate for R1; Sri M.P. Srikanth, Advocate for R2;
Smt. Prathima Honnapura, AGA for R3 & R4; Sri Narendra Gowda, Advocate for R5) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to direct the R-4 to consider the representation dated 09.06.2015 vide Annexure-Q and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ Group this day, the Court made the following:
ORDER The petitioner, who is stated to be the owner of the property bearing Survey No.1 measuring 7 acres 15 guntas at Guddadahalli Village, Kasaba Hobli, Bengaluru North Taluk, has sought for issuance of a writ of mandamus directing the fourth respondent to consider his representation at Annexure-Q dated 09.06.2015. The petitioner has also sought for issuance of a writ of mandamus to direct the fourth respondent to consider the representation at Annexure-T dated 19.09.2018 and has sought for issuance of an appropriate writ to quash the endorsement at Annexure-S dated 30.07.2014.
2. The petitioner contends that out of an extent of 7 acres 15 guntas of land belonging to the petitioner, an extent of 3 acres 25 guntas was declared to be slum area by the Deputy Commissioner as per the notification dated 22.08.1997.
3. It is further submitted that Government of Karnataka decided to acquire the lands where slums were in existence and it is asserted that in view of utilization of petitioner’s property by first respondent – Bruhat Bengaluru Mahanagara Palike (BBMP), the petitioner is entitled for grant of Transferable Development Rights (TDRs) in lieu of monetary compensation.
4. Learned Additional Government Advocate appearing for fourth respondent – State submits that the representation for grant of TDRs is to be decided by the respondent–BBMP and in that regard, a communication has been addressed to the respondent- BBMP on 05.11.2018 by the Additional Chief Secretary, Urban Development Department. Copy of the said communication has been furnished alongwith the memo.
5. Learned counsel for the respondent-BBMP submits that the request of the petitioner would be considered afresh in light of the communication dated 05.11.2018. The petitioner to make a fresh representation to the respondent-BBMP. The respondent-BBMP to consider the said representation in accordance with law and forward its recommendation for grant of Development Rights Certificate by the fifth respondent – Bangalore Development Authority (BDA).
6. In light of the above, the petitioner to file a fresh representation within two weeks from the date of receipt of certified copy of this order and respondent – BBMP thereupon to forward its recommendation to respondent–BDA within a period of four weeks thereafter and the respondent–BDA would then take appropriate action in accordance with law within a period of two weeks thereafter. All contentions of parties are kept open.
Petition is disposed off accordingly, subject to the above observations.
Sd/- JUDGE VGR