Disposed

Sri Vareed George v. the State of Karnataka

Karnataka HC2 Jul 2024WP/18440/2022

Case brief

AI extract

What is this about?

Landowners who voluntarily relinquished portions of their Bengaluru properties for road widening in exchange for TDR certificates instead of compensation sought issuance of the certificates. Noting that the Supreme Court had already upheld their entitlement and granted BBMP time to issue TDRs, the High Court directed the Chief Commissioner, BBMP, to issue the certificates within two months.

What did the court decide?

Direction to Chief Commissioner, BBMP to issue TDR certificates to the petitioners per their relinquishment deeds within two months.

Sri Vareed George Vs the State of Karnataka — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:24843 WP No. 18440 of 2022 C/W WP No. 18384 of 2022 WP No. 379 of 2023 WP No. 380 of 2023 WP No. 391 of 2023 WP No. 422 of 2023 WP No. 438 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS

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WRIT PETITION NO. 18440 OF 2022 (LB-BMP)

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C/W WRIT PETITION NO. 18384 OF 2022 (LB-BMP) WRIT PETITION NO. 379 OF 2023 (LB-BMP) WRIT PETITION NO. 380 OF 2023 (LB-BMP) WRIT PETITION NO. 391 OF 2023 (LB-BMP) WRIT PETITION NO. 422 OF 2023 (LB-BMP) WRIT PETITION NO. 438 OF 2023 (LB-BMP)

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IN WP NO. 18440/2022

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BETWEEN:

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SRI. VAREED GEORGE, S/O. C.V. GEORGE, Digitally signed AGED ABOUT 51 YEARS, by JUANITA REP. BY HIS GPA HOLDER THEJESWINI Location: HIGH SRI. RAJ SHEKAR A.M, COURT OF S/O. MUNEGOWDA, KARNATAKA AGED ABOUT 46 YEARS, RESIDENT OF ADUR VILLAGE, BIDARAHALLI HOBLI, VIRGONAGAR POST, BENGALURU - 560 049.

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…PETITIONER

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(BY SRI. N. KRISHNA MURTHY, ADVOCATE)

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NC: 2024:KHC:24843 WP No. 18440 of 2022 C/W WP No. 18384 of 2022 WP No. 379 of 2023 WP No. 380 of 2023 WP No. 391 of 2023 WP No. 422 of 2023 WP No. 438 of 2023

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AND:

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THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. REP. BY ITS SECRETARY.

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THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE HUDSON CIRCLE, BENGALURU - 560 002.

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THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU - 560 020.

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THE DEPUTY COMMISSIONER, LAND ACQUISITION, T.D.R SECTION, ANNEXE BUILDING 1ST FLOOR, BENGALURU - 560 002.

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…RESPONDENTS

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(BY SRI.S.R. KHAMROZ KHAN, AGA FOR R1; SRI.S.N. PRASHANTH CHANDRA, ADVOCATE FOR R2 & R4; SRI.G. LAKSHMEESH RAO, ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS TO ISSUE DRC TO THE PETITIONER TO AN EXTENT OF 3968.88 SQ.MTS (42720.66. SQ.FT) WITHIN A TIME TO BE FIXED BY THIS HONBLE COURT VIDE ANNEXURE-D AND ETC.

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NC: 2024:KHC:24843 WP No. 18440 of 2022 C/W WP No. 18384 of 2022 WP No. 379 of 2023 WP No. 380 of 2023 WP No. 391 of 2023 WP No. 422 of 2023 WP No. 438 of 2023

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IN WP NO. 18384/2022

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BETWEEN:

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SRI. K. SANJAY KUMAR, S/O. LATE. KRISHNAPPA, AGED ABOUT 30 YEARS, REP. BY HIS GPA HOLDER SRI. PRASAD GOWDA, S/O. V MUNIVENKATAPPA, AGED ABOUT 46 YEARS, RESIDENT OF ADUR VILLAGE, BIDARAHALLI HOBLI, VIRGONAGAR POST, BENGALURU -560 049.

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…PETITIONER

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(BY SRI.N. KRISHNA MURTHY, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001 REP. BY ITS SECRETARY.

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THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, HUDSON CIRCLE, BENGALURU - 560 002.

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THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD,

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NC: 2024:KHC:24843 WP No. 18440 of 2022 C/W WP No. 18384 of 2022 WP No. 379 of 2023 WP No. 380 of 2023 WP No. 391 of 2023 WP No. 422 of 2023 WP No. 438 of 2023

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BENGALURU - 560 020.

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THE DEPUTY COMMISSIONER, LAND ACQUISITION, T.D.R SECTION, ANNEXE BUILDING 1ST FLOOR, BENGALURU - 560 002.

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…RESPONDENTS

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(BY SRI.S.R. KHAMROZ KHAN, AGA FOR R1; SRI.B.S. KARTHIKEYAN, ADVOCATE FOR R2 & R4; SRI.G. LAKSHMEESH RAO, ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION OR WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT TO THE RESPONDENT TO ISSUE DRC TO THE PETITIONER TO AN EXTENT OF 1109.40 SQ.MTS(11941.48 SQ.FR) WITHIN A TIME TO BE FIXED BY THIS HONBLE COURT AS PER ANNEXURE-D AND ETC.

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IN WP NO. 379/2023

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BETWEEN:

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SRI.KAVERAPPA, S/O. LATE. KARIYAPPA, AGED ABOUT 66 YEARS, REP. BY HIS GPA HOLDER SRI. H.G. SANDESH, S/O. H.C. GIRIYAPPA GOWDA, AGED ABOUT 38 YEARS, R/AT. GOWDIGERE HOUSE, 1^ST FLOOR, 10TH MAIN, 12^TH "B" CROSS, 2^ND STAGE, WOC ROAD, MAHALAKSHMIPURAM, BENGALURU - 560 086.

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…PETITIONER

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5 - NC: 2024:KHC:24843 WP No. 18440 of 2022 C/W WP No. 18384 of 2022 WP No. 379 of 2023 WP No. 380 of 2023 WP No. 391 of 2023 WP No. 422 of 2023 WP No. 438 of 2023

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(BY SRI.N. KRISHNA MURTHY, ADVOCATE) AND:

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STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, 4^TH FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001 REP. BY ITS SECRETARY.

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THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, HUDSON CIRCLE BENGALURU - 560 002.

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THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU - 560 020.

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THE DEPUTY COMMISSIONER, LAND ACQUISITION, T.D.R SECTION, ANNEXE BUILDING, 1^ST FLOOR, BENGALURU - 560 002.

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…RESPONDENTS

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(BY MISS. SPOORTHI V., HCGP FOR R1; SRI.M.A. SUBRAMANI, ADVOCATE FOR R2 & R4; SRI.G. LAKSHMEESH RAO, ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO RESPONDENTS TO ISSUE DRC TO THE PETITIONER TO AN EXTENT OF 5604.44 X 1.5 -8406.66 SQ.MTRS (90488.53 SQ.FT) WITHIN A TIME TO BE FIXED BY THIS HONBLE COURT AS PER ANNEXURE-D AND ETC.

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NC: 2024:KHC:24843 WP No. 18440 of 2022 C/W WP No. 18384 of 2022 WP No. 379 of 2023 WP No. 380 of 2023 WP No. 391 of 2023 WP No. 422 of 2023 WP No. 438 of 2023

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IN WP NO. 380/2023

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BETWEEN:

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SMT.MUNIYAMMA, W/O. VENKATESHAPPA, AGED ABOUT 78 YEARS, REP. BY HER GPA HOLDER MR. ANTHONY GILBERT, S/O. ANTHONY RAJ, AGED ABOUT 36 YEARS, R/AT. NO. 115 4^TH CROSS, BOSCO NAGAR, T.C. PALYA MAIN ROAD, K.R. PURAM, BENGALURU - 560 036.

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…PETITIONER

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(BY SRI. N.KRISHNA MURTHY, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, 4^TH FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001 REP. BY ITS SECRETARY.

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THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, UDSON CIRCLE, BENGALURU - 560 002.

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THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU - 560 020.

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NC: 2024:KHC:24843 WP No. 18440 of 2022 C/W WP No. 18384 of 2022 WP No. 379 of 2023 WP No. 380 of 2023 WP No. 391 of 2023 WP No. 422 of 2023 WP No. 438 of 2023

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THE DEPUTY COMMISSIONER, LAND ACQUISITION, T.D.R SECTION, ANNEXE BUILDING 1^ST FLOOR, BENGALURU - 560 002.

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…RESPONDENTS

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(BY MISS. SPOORTHI V., HCGP FOR R1; SRI.B.S. KARTHIKEYAN, ADVOCATE FOR R2 & R4; SRI.G. LAKSHMEESH RAO, ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO RESPONDENTS TO ISSUE DRC TO THE PETITIONER TO AN EXTENT OF 77.15X105115.72SQ.MTRS(1245.60 SQ.FT) WITHIN A TIME TO BE FIXED BY THIS HONBLE COURT AS PER ANNEXURE-E AND ETC.

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IN WP NO. 391/2023

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BETWEEN:

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SRI. BABULAL, S/O. LABU RAM, AGED ABOUT 39 YEARS, REP. BY HIS GPA HOLDER SRI. H.G. SANDESH, S/O. H.C. GIRIYAPPA GOWDA, AGED ABOUT 38 YEARS, R/AT GOWDIGERE HOUSE, 1^ST FLOOR, 10^TH MAIN, 12^TH "B" CROSS, 2^ND STAGE, WOC ROAD, MAHALAKSHMIPURAM, BENGALURU - 560 086.

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…PETITIONER

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(BY SRI. N.KRISHNA MURTHY, ADVOCATE)

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8 - NC: 2024:KHC:24843 WP No. 18440 of 2022 C/W WP No. 18384 of 2022 WP No. 379 of 2023 WP No. 380 of 2023 WP No. 391 of 2023 WP No. 422 of 2023 WP No. 438 of 2023

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AND:

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STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001 REP BY ITS SECRETARY.

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THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, HUDSON CIRCLE, BENGALURU - 560 002.

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THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU - 560 020.

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THE DEPUTY COMMISSIONER, LAND ACQUISITION, T.D.R SECTION, ANNEXE BUILDING 1^ST FLOOR, BENGALURU - 560 002.

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…RESPONDENTS

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(BY MISS. SPOORTHI V., HCGP FOR R1; SRI.B.S. KARTHIKEYAN, ADVOCATE FOR R2 & R4; SRI.G. LAKSHMEESH RAO, ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO RESPONDENTS TO ISSUE DRC TO THE PETITIONER TO AN EXTENT OF 2448.80X1.53673.20SQ.MTRS(39538.00 SQ.FT) WITHIN A TIME TO BE FIXED BY THIS HONBLE COURT AS PER ANNEXURE-D AND ETC.

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NC: 2024:KHC:24843 WP No. 18440 of 2022 C/W WP No. 18384 of 2022 WP No. 379 of 2023 WP No. 380 of 2023 WP No. 391 of 2023 WP No. 422 of 2023 WP No. 438 of 2023

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IN WP NO. 422/2023

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BETWEEN:

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SRI. M.RAJANNA, S/O. LATE. MESTRI MUNIYAPPA, AGED ABOUT 52 YEARS, REP. BY HIS GPA HOLDER SRI. H.G. SANDESH, AGED ABOUT 38 YEARS, S/O. H.C. GIRIYAPPA GOWDA, R/AT. GOWDIGERE HOUSE, 1^ST FLOOR, 10^TH MAIN, 12^TH "B" CROSS, 2^ND STAGE, WOC ROAD, MAHALAKSHMIPURAM, BENGALURU - 560 086.

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…PETITIONER

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(BY SRI. N. KRISHNA MURTHY, ADVOCATE)

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AND:

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STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001 REP. BY ITS SECRETARY.

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THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, HUDSON CIRCLE, BENGALURU - 560 002.

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10 -

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NC: 2024:KHC:24843 WP No. 18440 of 2022 C/W WP No. 18384 of 2022 WP No. 379 of 2023 WP No. 380 of 2023 WP No. 391 of 2023 WP No. 422 of 2023 WP No. 438 of 2023

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THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU - 560 020.

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THE DEPUTY COMMISSIONER, LAND ACQUISITION, T.D.R. SECTION, ANNEXE BUILDING 1^ST FLOOR, BENGALURU - 560 002.

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…RESPONDENTS

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(BY MISS. SPOORTHI V., HCGP FOR R1; SRI.M.A. SUBRAMANI, ADVOCATE FOR R2 & R4; SRI.K. KRISHNA, ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO RESPONDENTS TO ISSUE DRC TO THE PETITIONER TO AN EXTENT OF 5756.66 X 1.50 -8634.99 SQ.MTRS(92946.25 SQ.FT) WITHIN A TIME TO BE FIXED BY THIS HONBLE COURT AS PER ANNEXURE-D AND ETC.

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IN WP NO. 438 OF 2023

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BETWEEN:

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SRI.RAJANNA, S/O. LATE. KARIYAPPA, AGED ABOUT 56 YEARS.

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SRI. KAVERAPPA, S/O. LATE. KARIYAPPA, AGED ABOUT 66 YEARS,

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SRI. CHIKKA KAVERAPPA, S/O. LATE. KARIYAPPA,

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11 -

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NC: 2024:KHC:24843 WP No. 18440 of 2022 C/W WP No. 18384 of 2022 WP No. 379 of 2023 WP No. 380 of 2023 WP No. 391 of 2023 WP No. 422 of 2023 WP No. 438 of 2023

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AGED ABOUT 60 YEARS,

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REP. BY THEIR GPA HOLDER SRI. H.G. SANDESH, S/O. H.C. GIRIYAPPA GOWDA, AGED ABOUT 38 YEARS, R/AT GOWDIGERE HOUSE, 1^ST FLOOR, 10^TH MAIN, 12^TH "B" CROSS, 2^ND STAGE, WOC ROAD, MAHALAKSHMIPURAM, BENGALURU - 560 086.

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…PETITIONERS

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(BY SRI. N.KRISHNA MURTHY, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001 REP. BY ITS SECRETARY.

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THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, HUDSON CIRCLE, BENGALURU - 560 002.

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THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU - 560 020.

¶118

12 -

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NC: 2024:KHC:24843 WP No. 18440 of 2022 C/W WP No. 18384 of 2022 WP No. 379 of 2023 WP No. 380 of 2023 WP No. 391 of 2023 WP No. 422 of 2023 WP No. 438 of 2023

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THE DEPUTY COMMISSIONER, LAND ACQUISITION, T.D.R SECTION, ANNEXE BUILDING 1^ST FLOOR, BENGALURU - 560 002.

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…RESPONDENTS

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(BY MISS. SPOORTHI V., HCGP FOR R1; SRI.B.S. KARTHIKEYAN, ADVOCATE FOR R2 & R4; SRI.K. KRISHNA, ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO RESPONDENTS TO ISSUE DRC TO THE PETITIONER TO AN EXTENT OF 5947.72 X 1.5 - 8921.58 SQ.MTRS (96031.08SQ.FT) WITHIN A TIME TO BE FIXED BY THIS HONBLE COURT AS PER ANNEXURE-D AND ETC.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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R.DEVDAS J., (ORAL):

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The grievance of the petitioners in all these writ petitions are common, and therefore, the matters were clubbed and heard together and are being disposed of by this common order.

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13 - NC: 2024:KHC:24843 WP No. 18440 of 2022 C/W WP No. 18384 of 2022 WP No. 379 of 2023 WP No. 380 of 2023 WP No. 391 of 2023 WP No. 422 of 2023 WP No. 438 of 2023

¶129

The petitioners are owners of the various extents of land situated at Byrathi Village, Kadugondanahalli Village, etc. The respondent, BBMP, issued a notification on 29.07.2009 seeking to widen the existing roads.

¶130

The petitioners voluntarily consented to the utilization of a portion of their property for expansion of the road, and in terms of the request made by the respondent - BBMP, each of the writ petitioners executed registered relinquishment deeds in favour of the Commissioner of BBMP relinquishing the portion of lands which were required for expansion of the road while agreeing to accept the Transferable Development Rights (hereinafter 'TDR' for short) instead of compensation. The petitioners are before this Court complaining that in spite of several rounds of litigation and the matter being considered by

¶131

the Hon'ble Supreme Court in Special Leave Petitions (Civil) No.21853/2022, wherein it was held that there is no case for interference with the judgment passed by this Court, nevertheless, the TDR certificates are not issued by the respondent - BBMP.

¶132

14 - NC: 2024:KHC:24843 WP No. 18440 of 2022 C/W WP No. 18384 of 2022 WP No. 379 of 2023 WP No. 380 of 2023 WP No. 391 of 2023 WP No. 422 of 2023 WP No. 438 of 2023

¶133

As could be seen, the Hon'ble Supreme Court has held in the said Special Leave to Appeal that the land owners are clearly entitled for issuance of TDR certificates in their favour.

¶134

However, a statement was made by Commissioner BBMP before the Hon'ble Supreme Court that the process for issuing the TDR certificates will take sometime, and therefore, four months time was granted by the Hon'ble Supreme Court to the Commissioner - BBMP to carry out the said process for issuances of TDR certificates.

¶135

The said orders were passed by the Hon'ble Supreme Court on 25.07.2023 and till date the TDR certificates are not issued by the Commissioner - BBMP.

¶136

Having regard to the undisputed facts narrated herein above, this Court is of the considered opinion that the respondent-Chief Commissioner, BBMP, is required to comply with the directions issued by the Hon'ble Supreme Court and

¶137

15 - NC: 2024:KHC:24843 WP No. 18440 of 2022 C/W WP No. 18384 of 2022 WP No. 379 of 2023 WP No. 380 of 2023 WP No. 391 of 2023 WP No. 422 of 2023 WP No. 438 of 2023

¶138

the undertaking given by the commissioner before the Hon'ble Supreme Court.

¶139

Consequently, the writ petitions stand disposed of with a specific direction to the Chief Commissioner, BBMP, Bangalore, to ensure that the Transferable Development Rights certificates are issued to the petitioners in terms of the entitlement as agreed in the respective relinquishment deeds of the petitioners, as expeditiously as possible and at any rate within a period of two months from the date of the receipt of the copy of this order.

¶140

Sd/JUDGE

¶141

AMM

Sri Vareed George v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Vareed George v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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