The High Court of Karnataka allowed the petitioner's writ petition, directing the Commissioner, BBMP to issue Transferrable Development Rights (TDR) certificates equal to 1.5 times the area of land relinquished under a 2012 deed, within two months.
Writ of mandamus issued to the Commissioner, BBMP to issue TDR certificates within two months of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:22760 WP No. 13263 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO.13263 OF 2022 (LB-BMP)
BETWEEN:
VELU B PETHI S/O T. R.BHALASUBRAMANI, AGED ABOUT 50 YEARS, NO.305/6, 8TH MAIN ROAD, 16TH CROSS, SADHASHIVANAGAR, BANGALORE-560080.
…PETITIONER
(BY SRI. SHIVARUDRAPPA SHETKAR., ADVOCATE)
AND:
Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:22760 WP No. 13263 of 2022
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO ISSUE TRANSFERRABLE DEVELOPMENT RIGHTS (TDR) CERTIFICATE TO THE PETITIONER AS PER THE RELINQUISHMENT DEED DTD 17.03.2012 VIDE ANNEXURE-M IN RESPECT OF SCHEDULE B PROPERTY AT THE RATE APPLICABLE AS ON THE DATE OF ISSUE OF THE SAME.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioner who had relinquished 1019.61 sq.
mtrs. of land in Sy.No.128/1 of Heroahalli Village, Yashwanthpura Hobli, Bangalore North Taluk, under a registered Relinquishment Deed dated 17.03.2012 at Annexure – M in favour of the Commissioner, Bruhat Bangalore Mahanagara Palike is now before this Court seeking a direction to the respondents - BBMP to issue Transferrable Development Rights (TDR) Certificate in terms of Schedule ‘B’ of the Relinquishment Deed.
of the respondents - BBMP as could be found at
Annexure-J. Having satisfied itself that the earlier proposal made by the Town Municipality was required to be taken further for forming a public road in the property belonging to the petitioner and as per the direction given by the Commissioner, BBMP, the Relinquishment Deed was executed by the petitioner relinquishing 1019.61 sq.mtrs. of land as per Schedule ‘A’ of the Relinquishment Deed in favour of the BBMP. In Schedule ‘B’ of the Relinquishment Deed, the Commissioner, BBMP undertook to issue TDR certificate equal to 1.5 times the area of land relinquished. It is also recorded in the Relinquishment Deed that the petitioner will be entitled for TDR certificates to an extent of 1529.41 sq. mtrs.
BBMP did not keep up his word as undertaken in the Relinquishment Deed, which was executed on 17.03.2012,
the petitioner is before this Court seeking a direction to the respondent - Commissioner, BBMP to act in terms of
the undertaking given in the Relinquishment Deed and provide the Transferable Development Rights to the petitioner.
relinquishment deed is to fulfill the undertaking given by
the authority which is recorded in the Relinquishment Deed. It would be a futile exercise on the part of the Commissioner seeking to contend that many other persons are entitled for TDR certificates. Such statements will not portray the Commissioner in good picture. If there were some other persons who are entitled for TDR certificates, similar Relinquishment Deeds should have been obtained at their hands. As could be seen from the Relinquishment Deed it is executed only by the petitioner in favour of the
Commissioner. Therefore, the Commissioner will not be permitted to make such statement that some other persons are also entitled for the TDR certificates.
allowed.
writ of mandamus is issued to the 2nd respondent – Commissioner, BBMP to issue TDR certificates as
undertaken by the Commissioner in the Relinquishment Deed dated 17.03.2012, in favour of the petitioner as expeditiously as possible and at any rate within a period of two months from the date of receipt of copy of this order.
Ordered accordingly.
Sd/JUDGE
KLY/-
2 issues framed by the court
Whether the Writ Court can direct the Commissioner, BBMP to issue TDR certificates as undertaken in the Relinquishment Deed.
Whether the respondents can contend that others are entitled to TDR certificates when only the petitioner executed the Relinquishment Deed.
1 provisions across 1 enactments
VELU B PETHI
THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT
THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE
THE DEPUTY COMMISSIONER (LAND ACQUISITION AND TDR)
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY
R DEVDAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
