IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos.18359-386/2019 (LB-BMP) BETWEEN 1. RAJUMON. M. X. S/O M.J. XAVIER, AGED ABOUT 53 YEARS, RESIDING AT NO.703, 8TH MAIN, 9TH CROSS, BTM 2ND STAGE, BANGALORE-560076.
2 HAJI K MAMMOO S/O LATE HASSAN, AGED ABOUT 81 YEARS, RESIDING AT NO.21/3, SPENCER ROAD, FRAZER TOWN, BANGALORE-560 005.
3. K.M. SALEEM S/O HAJI K MAMMOO AGED ABOUT 48 YEARS, RESIDING AT NO.21/3, SPENCER ROAD, FRAZER TOWN, BANGALORE-560 005 4. K.M. SAEED S/O HAJI K MAMMOO AGED ABOUT 72 YEARS RESIDING AT NO.21/3, SPENCER ROAD, FRAZER TOWN, BANGALORE-560 005 5. K.M. KHADEEJA W/O. HAJI K MAMMOO AGED ABOUT 72 YEARS, RESIDING AT NO.21/3, SPENCER ROAD, FRAZER TOWN, BANGALORE-560 005 6. K.M. SHAHINA D/O HAJI K MAMMOO AGED ABOUT 46 YEARS, RESIDING AT NO.21/3, SPENCER ROAD, FRAZER TOWN, BANGALORE-560 005.
7. P JAWAHAR SARATHY S/O. PARTHA SARATHY, AGED ABOUT 59 YEARS, NO.16, 9TH MAIN, 3RD BLOCK, JAYANAGARA, BANGALORE-560011.
8. P. SUDHA DEVI W/O NARASIMHAIAH, AGED ABOUT 60 YEARS, RESIDING AT NO.142, SURVEYOR STREET, BASAVANAGUDI, BANGALORE-04 9. SUPRIYA N W/O SHASHIKANTH BYREGOWDA AGED ABOUT 34 YEARS, RESIDING AT NO.142, SURVEYOR STREET, BASAVANAGUDI, BANGALORE-04 10. RAMYA N W/O CHANDRAKUMAR N AGED ABOUT 29 YEARS, RESIDING AT NO.142, SURVEYOR STREET, BASAVANAGUDI, BANGALORE-04.
11. DHANUJA K R W/O RAMACHANDRA, AGED ABOUT 42 YEARS, NO.498/22, SARAKKI GARDEN, J P NAGAR 6TH PHASE, BEHIND SIDDALINGESHWARA THEATRE, BANGALORE-78 12. G.V. DHANUSH BABU S/O LATE VENKATESH, AGED ABOUT 51 YEARS, RESIDING AT NO.176, VENUGOPAL NAGAR, NEAR MUTHURAYA TEMPLE, HULIMAVU, BANNERGHATTA RAOD, BANGALORE--75 13. MUNIKRISHNAPPA S/O. MUNIVENKATAPPA, AGED ABOUT 71 YEARS, RESIDING AT NO.7, ARAKERE GATE, BANNERGHATTA ROAD, BANGALORE-76 14. BALARAJ C S/O CHINNAPPA, AGED ABOUT 48 YEARS, KALENA AGRAHARA, MLA LAYOUT, 4TH CROSS, SOS POST, BANNERGHATTA ROAD, BANGALORE-76 15. BALARAJ A S/O. K LATE ANTHONAPPA, AGED ABOUT 36 YEARS, DOOR NO.206/1, KALENA AGRAHARA, CHURCH STREET, SOS POST, BANNERGHATTA ROAD, BANGALORE-76 16. S BHASKAR S/O. LATE M. SAMPANGI, AGED ABOUT 50 YEARS, NO.64, NEAR YALLAMMA TEMPLE, KALENA AGRAHARA, SOS POST, BANNERGHATTA ROAD, BANGALORE-76 17 . KRISHNA MURTHY S/O LATE MUNIVENKATAPPA AGED ABOUT 45 YEARS, NO.11, KALENA AGRAHARA, SOS POST, BANNERGHATTA ROAD, BANGALORE-76 18. SURESH S/O LATE MUNIVENKATAPPA AGED ABOUT 38 YEARS, NO.11, KALENA AGRAHARA, SOS POST, BANNERGHATTA ROAD, BANGALORE-76 19. G JHANSI MARY W/O GREGORY AGED ABOUT 25 YEARS, NO.205, KALENA AGRAHARA, CHURCH ROAD, SOS POST, BANNERGHATTA ROAD, BANGALORE-76 20. Y BHAGYAMMA W/O. D KRISHNAPPA AGED ABOUT 51 YEARS, R/AT KALENA AGRAHARA, SOS POST, BANNERGHATTA ROAD, BANGALORE-76 21. G RAMESH S/O LATE GOPALAPPA AGED ABOUT 38 YEARS, KALENA AGRAHARA, SOS POST, BANNERGHATTA ROAD, BANGALORE-76.
22. RAJAPPA S S/O SANDAGAPPA AGED ABOUT 60 YEARS, KALENA AGRAHARA, SOS POST, BANNERGHATTA ROAD, BANGALORE-76 23. RATHNAMMA W/O MUNIRAJU AGED ABOUT 53 YEARS, R/AT NO.75, KALENA AGRAHARA, SOS POST, BANNERGHATTA ROAD, BANGALORE-76 24. JOSEPH S/O. ANTHONIAPPA, AGED ABOUT 42 YEARS, KALENA AGRAHARA, BEGUR HOBLI, BANNERGHATTA ROAD, BANGALORE-76.
25. BALARAJ S/O ANTHONIAPPA, AGED ABOUT 44 YEARS, R/AT NO.8/11, KALENA AGRAHARA, BEGUR HOBLI, BANNERGHATTA ROAD, BANGALORE-76 26. CHELUVARAJ C S/O CHINNAPPA AGED ABOUT 50 YEARS, R/AT NO.70/1, KALENA AGRAHARA, MLA LAYOUT 4TH CROSS, SOS POST, BANNERGHATTA ROAD, BANGALORE-76 27. M JAGADISH S/O. R MUNISWAMY AGED ABOUT 41 YEARS, R/AT NO.173, OPP RANKA APARTMENT, BANNERGHATTA ROAD, BILEKAHALLI BANGALORE-76 28. M/S SAFEPACK PLASTICS (PVT) LTD NO.630, ARAKERE GATE, BANNERGHATTA ROAD, BANGALORE-76 BY ITS AUTHORISED REPRESENTATIVE GOKARAJU VENKATA NARASIMHA RAJU S/O GOKARAJU RANGARAJU AGED 80 YEARS, RESIDING AT NO.16, HIMAGIRI MEADOWS, GOTTIGERE, BANNERGHATTA ROAD, BANGALORE-76.
..PETITIONERS (BY SRI. PAVAN KUMAR G, ADV.) AND 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-02 2. THE EXECUTIVE ENGINEER ROAD INFRASTRUCTURE ROAD WIDENING DIVISION, NO.207, 2ND FLOOR, ANNEXE BUILDING-3 BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE-02 3. THE JOINT COMMISSIONER BOMMANAHALLI ZONE BRUHAT BENGALURU MAHANAGARA PALIKE, BEGUR ROAD BANGALORE-68 4. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T.CHOWDAIAH ROAD, BANGALORE-20.
5. THE TOWN PLANNING MEMBER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BANGALORE-20.
…RESPONDENTS (BY SRI. K. N. PUTTEGOWDA, ADV. FOR R1 TO R3 SRI. A. M. VIJAY, ADV. FOR R4 & R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DATED 18.02.2019 ISSUED BY R-1 PUBLISHED IN THE DECCAN HERALD, BANGALORE EDITION DATED 21.02.2019 AND PRODUCED AT ANNEXURE-Y AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners are stated to be owners of properties situated alongside Bannerghatta Main Road. It is submitted that respondent – BBMP has by way of a notification dated 18.02.2019 passed under Section 14-B of the Karnataka Town and Country Planning Act, 1961 (for short ‘the Act’) has invited the property owners to opt for acceptance Development Rights Certificates in lieu of monetary compensation.
2. Petitioners state that they have issued notices to the respondent – Authorities declining Development Rights Certificates copies of which are annexed at Annexures – Z to Z21 and AA to AA21 and despite such notices, the respondent – Authorities are insisting for acceptance of Development Rights Certificates.
3. The learned counsel appearing for the respondent-BBMP, however, contends that the notification under Section 14-B of the Act has to be read in proper context and under Section 14-B, it is clear that what has been offered to the petitioners as Development Rights Certificate is in lieu of monetary compensation as would be payable under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other law as may be applicable and that position is made clear on a plain reading of Section 14-B(6), which states that, if the owner does not agree to surrender his area, such land may be acquired by the respondent-BBMP in accordance with law that is applicable.
4. It is further submitted by respondent-BBMP that the proposed road widening/formation of road is in light of approved Master Plan or proposal of the Local Authority and states that they intended the road widening/formation of road pursuant to the approved Master Plan and in fact, the intention is made clear in the notification issued under Section 14-B of the Act itself. It is submitted that the apprehension of the petitioners is ill-founded and the respondent-BBMP being a public Authority would proceed strictly in accordance with law.
5. Having heard the learned counsel appearing for the petitioners as well as the learned counsel appearing for the respondents, it is clear that the notification under Section 14-B of the Act that has been made by the respondent-BBMP is only an offer made to the property owners to give up their properties voluntarily in return for grant of Development Rights Certificates, which would be in lieu of monetary compensation. In fact, Section 14-B(6) of the Act would clarify the said position. The said provision reads as follows:-
“14-B. Benefit of development rights.-
(6) If the owner does not agree to surrender his ‘Area’ required by a Public Authority for any public purpose, for the Development Rights and demands for monetary compensation, then the Public Authority may acquire such ‘Area’ by providing compensation as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other law prevailing.”
6. In light of the provisions of Section 14-B(6) of the Act, it is clear that, if the petitioners are unwilling to accept the ‘Development Rights Certificates,’ which was being offered in lieu of monetary compensation, the respondent-BBMP would have to resort to acquisition under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other law prevailing.
7. Hence, it is made clear that in light of the rejection of offer made by the respondent-BBMP, the BBMP would not interfere with the rights of the properties of petitioners. However, the respondent- BBMP is entitled to:-
(a) Initiate appropriate proceedings for acquisition of properties of the petitioners as may be required for the purpose of implementing their project under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other law prevailing;
(b) They are entitled to obtain transfer of properties of the petitioners to the extent as may be required for the purpose of implementation of the project by negotiations after obtaining the Deed of Conveyance.
(c) All other contentions of the parties are kept open and without prejudice to the rights of the petitioners.
Subject to the above, this petition is disposed off.
Sd/- JUDGE VP