IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.11940/2015 (LB-BMP) Between:
Sri H.N.Sampaiah S/o late Sri Narayanappa Aged about 58 years R/at No.390, Sunkadakatte Vishwaneedam Post Bangalore - 560 091. … Petitioner (By Sri Sreedhar N.G., Advocate) And:
1. Bruhath Bangalore Mahanagara Palike (A body Corporate/statutory Authority Constituted under Karnataka Municipal Corporations Act, 1976) Office at Corporation Building, J.C.Road, Kittur Rani Chennamma Circle, Bangalore - 560 002.
Represented by its Commissioner.
2. The Deputy Commissioner (Acquisition & TDR) Dasarahalli Division Bruhath Bangalore Mahanagara Palike Tumakuru Road, Bangalore 560 057.
3. The State of Karnataka Represented by its Principal Secretary Urban Development Department Vikasasoudha, Dr.Ambedkar Veedhi Bangalore - 560 001.
4. Bangalore Development Authority (A statutory Authority constituted under The Bangalore Development Authority Act, 1976), Office at:-T.Chowdaiah Road Kumara Park West Bangalore - 560 020.
Represented by its Commissioner. … Respondents (By Sri Ashwin S. Halady, Advocate for R1 & R2; Sri M.A.Subramani, HCGP for R3;
Sri K.Krishna, Advocate for R4) This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct the R1 and R2 to deliver the Transferable Development Right Certificate to the petitioner against the acquisition of petitioner’s land in Sy.No.16/8 of Hegganahalli Village, Yeshwanthapura Hobli, Bangalore North Taluk, Bangalore to an extent of 9202 sq. ft. or 854.88 sq. mtrs. as determined in Annexure-K prepared by R1 and R2 and etc.
This Writ Petition coming on for preliminary hearing ‘B’ Group this day, the Court made the following:
ORDER The petitioner, who is stated to be the owner of the property bearing No.16/8, Hegganahalli Village, Yeshwanthapura Hobli, Bangalore North Taluk has filed the present writ petition seeking for a direction to the respondent Nos.1, 2 and 4 to deliver the Transferable Development Rights (TDR) to the petitioner as regards the utilization of petitioner’s land to an extent of 9202 sq. ft. for the purpose of formation of road. The petitioner states that his property has been made use of for the purpose of formation of road to provide connectivity between the Outer Ring road and National Highway No.4 (NH-4).
2. The petitioner states that in lieu of monetary compensation, the petitioner had opted for acceptance of TDR and has responded to the notification at Annexure-E. The petitioner submits that he has made an application to the first respondent – BBMP in that regard and has also executed the required affidavit as found at Annexure-H.
3. It is submitted that consequent to such representation, the first respondent–BBMP has conducted the survey and identified the extent of land utilized by the petitioner and the said survey report is enclosed as Annexure-K, which reveals that the petitioner’s property to the extent of 9202 sq. ft. has been utilized for the purpose of formation of road. The petitioner submits that he has made a representation to the first respondent – BBMP at Annexure-J dated 20.06.2014 seeking for grant of TDR certificate. However, it is submitted that no steps have been taken in that regard.
4. Learned counsel appearing for respondent – BBMP submits that entitlement of the petitioner is not in dispute and that steps would be taken in accordance with the notification passed under Section 14B of the Karnataka Town and Country Planning Act, 1961.
5. It is further submitted that as per the Scheme framed, the proposal is to be sent by the first respondent – BBMP to the fourth respondent – Bangalore Development Authority (BDA) which issues the final certificates.
6. Taking note of the said submission, the first respondent–BBMP as well as fourth respondent–BDA to take note of the representation of the petitioner at Annexure-J and pass appropriate orders in light of the undisputed facts as made above as per the procedure contemplated under the applicable scheme. The consideration of Annexure-J would result in issuance of TDR certificates and the said process is to be completed within a period of eight weeks from today. The first respondent – BBMP to send their recommendation with necessary records if records make out a case as per the applicable Scheme to the fourth respondent – BDA within a period of four weeks from today and the fourth respondent–BDA to take appropriate decision in accordance with law within four weeks thereafter.
Petition is disposed off, subject to above observations.
Sd/- JUDGE VGR