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 W.P.No.51488 OF 2017 (LB-BMP) BETWEEN:
Sri Govindaraju, S/o.Late Venkataramanappa, Aged about 83 years, R/at Borewell Road, Whitefield, Bangalore – 560 066. … Petitioner (By Sri Narendra S., Advocate) AND:
1. BBMP Commissioner, Corporation Circle, Bangalore – 560 002.
2. Joint Commissioner, BBMP, Mahadevapura Circle, Bangalore – 560 048.
3. The Commissioner, Bangalore Development Authority (BDA) Chowdaiah Road, Bangalore – 560 020. ... Respondents (By Sri Pavan Kumar, Advocate for Sri H.Devendrappa, Advocate for R1 & R2: Sri A.M.Vijay, Advocate for R3) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to direct the respondents to release TDR in favour of the petitioner with respect to schedule property in Sy.No.49/2, measuring 1-39 guntas, situated at Whitefield, K.R.Puram Hobli, Bangalore East Taluk, Bangalore dated 14.07.2017 at Annexure-L and etc.
This writ petition, coming on for preliminary hearing ‘B’ Group, this day, the Court made the following:
ORDER In this writ petition the petitioner has sought the following reliefs:
(a) Issue a writ in the nature of mandamus directing the respondents to release TDR in favour of the petitioner with respect of the schedule property bearing Sy.No.49/2 measuring 1.39 situated at Whitefield, K.R.Puram Hobli, Bangalore East, Bangalore by considering the representation dated 14.07.2017 as per Annexure-L;
(b) Issue any other appropriate writ, order or direction as this Hon’ble Court deems fit to grant under the facts and circumstances of the case, to meet the ends of justice and equity.”
2. The case of the petitioner is that by a relinquished deed dated 02.06.2010 vide Annexure-D the petitioner has relinquished his property No.247/49, ward No.172, Borewell road, Bangalore for the purpose of widening of borewell road from Whitefield junction to Bangalore junction as per the terms and conditions stipulated in the Government Notification. The Corporation has agreed to issue Development Right Certificate. Inspite of the petitioner relinquishing his property the Corporation has not recommended to the BDA for issuing TDR Certificate. The petitioner has given a representation vide Annexure-L dated 14.07.2017. Sine they have not considered the representation, the petitioner has approached this Court.
3. The learned counsel appearing for the Corporation submitted that if the petitioner gives the application in the prescribed format, the same will be considered in accordance with law. If the petitioner is entitled, it will be recommended to the BDA for issuing the necessary TDR Certificate.
4. In view of the above submission, this writ petition is disposed of directing the petitioner to file the necessary application in the prescribed format within two weeks from the date of receipt of a copy of this order. If such an application is filed, the Corporation is directed to consider the same in accordance with law and pass appropriate orders within two months from the date of receipt of the said application.
Sd/- JUDGE Cm/-