Karnataka High Court
Sri.M.Rajanna vs State Of Karnataka on 2 July, 2024
Author: R Devdas
Bench: R Devdas
-1-
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
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 18440 OF 2022 (LB-BMP)
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)
IN WP NO. 18440/2022
BETWEEN:
SRI. VAREED GEORGE,
S/O. C.V. GEORGE,
Digitally signed AGED ABOUT 51 YEARS,
by JUANITA
THEJESWINI REP. BY HIS GPA HOLDER
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.
...PETITIONER
(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
AND:
1. THE STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
REP. BY ITS SECRETARY.
2. THE COMMISSIONER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
N.R. SQUARE HUDSON CIRCLE,
BENGALURU - 560 002.
3. THE COMMISSIONER,
BENGALURU DEVELOPMENT AUTHORITY,
KUMARA PARK WEST, T. CHOWDAIAH ROAD,
BENGALURU - 560 020.
4. THE DEPUTY COMMISSIONER,
LAND ACQUISITION, T.D.R SECTION,
ANNEXE BUILDING 1ST FLOOR,
BENGALURU - 560 002.
...RESPONDENTS
(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)
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
IN WP NO. 18384/2022
BETWEEN:
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.
...PETITIONER
(BY SRI.N. KRISHNA MURTHY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001
REP. BY ITS SECRETARY.
2. THE COMMISSIONER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
N.R. SQUARE, HUDSON CIRCLE,
BENGALURU - 560 002.
3. 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
BENGALURU - 560 020.
4. THE DEPUTY COMMISSIONER,
LAND ACQUISITION, T.D.R SECTION,
ANNEXE BUILDING 1ST FLOOR,
BENGALURU - 560 002.
...RESPONDENTS
(BY SRI.S.R. KHAMROZ KHAN, AGA FOR R1;
SRI.B.S. KARTHIKEYAN, ADVOCATE FOR R2 & R4;
SRI.G. LAKSHMEESH RAO, ADVOCATE FOR R3)
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.
IN WP NO. 379/2023
BETWEEN:
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,
1ST FLOOR, 10TH MAIN, 12TH "B" CROSS,
2ND STAGE, WOC ROAD, MAHALAKSHMIPURAM,
BENGALURU - 560 086.
...PETITIONER
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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
(BY SRI.N. KRISHNA MURTHY, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001
REP. BY ITS SECRETARY.
2. THE COMMISSIONER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
N.R. SQUARE, HUDSON CIRCLE
BENGALURU - 560 002.
3. THE COMMISSIONER,
BANGALORE DEVELOPMENT AUTHORITY,
KUMARA PARK WEST, T. CHOWDAIAH ROAD,
BENGALURU - 560 020.
4. THE DEPUTY COMMISSIONER,
LAND ACQUISITION, T.D.R SECTION,
ANNEXE BUILDING, 1ST FLOOR,
BENGALURU - 560 002.
...RESPONDENTS
(BY MISS. SPOORTHI V., HCGP FOR R1;
SRI.M.A. SUBRAMANI, ADVOCATE FOR R2 & R4;
SRI.G. LAKSHMEESH RAO, ADVOCATE FOR R3)
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
IN WP NO. 380/2023
BETWEEN:
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 4TH CROSS,
BOSCO NAGAR, T.C. PALYA MAIN ROAD,
K.R. PURAM, BENGALURU - 560 036.
...PETITIONER
(BY SRI. N.KRISHNA MURTHY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001
REP. BY ITS SECRETARY.
2. THE COMMISSIONER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
N.R. SQUARE, UDSON CIRCLE,
BENGALURU - 560 002.
3. THE COMMISSIONER,
BENGALURU DEVELOPMENT AUTHORITY,
KUMARA PARK WEST, T. CHOWDAIAH ROAD,
BENGALURU - 560 020.
-7-
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
4. THE DEPUTY COMMISSIONER,
LAND ACQUISITION, T.D.R SECTION,
ANNEXE BUILDING 1ST FLOOR,
BENGALURU - 560 002.
...RESPONDENTS
(BY MISS. SPOORTHI V., HCGP FOR R1;
SRI.B.S. KARTHIKEYAN, ADVOCATE FOR R2 & R4;
SRI.G. LAKSHMEESH RAO, ADVOCATE FOR R3)
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 77.15X105-
115.72SQ.MTRS(1245.60 SQ.FT) WITHIN A TIME TO BE FIXED
BY THIS HONBLE COURT AS PER ANNEXURE-E AND ETC.
IN WP NO. 391/2023
BETWEEN:
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,
1ST FLOOR, 10TH MAIN, 12TH "B" CROSS,
2ND STAGE, WOC ROAD, MAHALAKSHMIPURAM,
BENGALURU - 560 086.
...PETITIONER
(BY SRI. N.KRISHNA MURTHY, ADVOCATE)
-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
AND:
1. STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001
REP BY ITS SECRETARY.
2. THE COMMISSIONER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
N.R. SQUARE, HUDSON CIRCLE,
BENGALURU - 560 002.
3. THE COMMISSIONER,
BENGALURU DEVELOPMENT AUTHORITY,
KUMARA PARK WEST, T. CHOWDAIAH ROAD,
BENGALURU - 560 020.
4. THE DEPUTY COMMISSIONER,
LAND ACQUISITION, T.D.R SECTION,
ANNEXE BUILDING 1ST FLOOR,
BENGALURU - 560 002.
...RESPONDENTS
(BY MISS. SPOORTHI V., HCGP FOR R1;
SRI.B.S. KARTHIKEYAN, ADVOCATE FOR R2 & R4;
SRI.G. LAKSHMEESH RAO, ADVOCATE FOR R3)
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 2448.80X1.5-
3673.20SQ.MTRS(39538.00 SQ.FT) WITHIN A TIME TO BE
FIXED BY THIS HONBLE COURT AS PER ANNEXURE-D AND ETC.
-9-
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
IN WP NO. 422/2023
BETWEEN:
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, 1ST FLOOR,
10TH MAIN, 12TH "B" CROSS,
2ND STAGE, WOC ROAD,
MAHALAKSHMIPURAM,
BENGALURU - 560 086.
...PETITIONER
(BY SRI. N. KRISHNA MURTHY, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001
REP. BY ITS SECRETARY.
2. THE COMMISSIONER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
N.R. SQUARE, HUDSON CIRCLE,
BENGALURU - 560 002.
- 10 -
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
3. THE COMMISSIONER,
BENGALURU DEVELOPMENT AUTHORITY,
KUMARA PARK WEST, T. CHOWDAIAH ROAD,
BENGALURU - 560 020.
4. THE DEPUTY COMMISSIONER,
LAND ACQUISITION, T.D.R. SECTION,
ANNEXE BUILDING 1ST FLOOR,
BENGALURU - 560 002.
...RESPONDENTS
(BY MISS. SPOORTHI V., HCGP FOR R1;
SRI.M.A. SUBRAMANI, ADVOCATE FOR R2 & R4;
SRI.K. KRISHNA, ADVOCATE FOR R3)
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.
IN WP NO. 438 OF 2023
BETWEEN:
1. SRI.RAJANNA,
S/O. LATE. KARIYAPPA,
AGED ABOUT 56 YEARS.
2. SRI. KAVERAPPA,
S/O. LATE. KARIYAPPA,
AGED ABOUT 66 YEARS,
3. SRI. CHIKKA KAVERAPPA,
S/O. LATE. KARIYAPPA,
- 11 -
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
AGED ABOUT 60 YEARS,
REP. BY THEIR GPA HOLDER
SRI. H.G. SANDESH,
S/O. H.C. GIRIYAPPA GOWDA,
AGED ABOUT 38 YEARS,
R/AT GOWDIGERE HOUSE, 1ST FLOOR,
10TH MAIN, 12TH "B" CROSS,
2ND STAGE, WOC ROAD,
MAHALAKSHMIPURAM,
BENGALURU - 560 086.
...PETITIONERS
(BY SRI. N.KRISHNA MURTHY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001
REP. BY ITS SECRETARY.
2. THE COMMISSIONER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
N.R. SQUARE, HUDSON CIRCLE,
BENGALURU - 560 002.
3. THE COMMISSIONER,
BENGALURU DEVELOPMENT AUTHORITY,
KUMARA PARK WEST, T. CHOWDAIAH ROAD,
BENGALURU - 560 020.
- 12 -
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
4. THE DEPUTY COMMISSIONER,
LAND ACQUISITION, T.D.R SECTION,
ANNEXE BUILDING 1ST FLOOR,
BENGALURU - 560 002.
...RESPONDENTS
(BY MISS. SPOORTHI V., HCGP FOR R1;
SRI.B.S. KARTHIKEYAN, ADVOCATE FOR R2 & R4;
SRI.K. KRISHNA, ADVOCATE FOR R3)
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.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
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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NC: 2024:KHC:24843
2. 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.
3. 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
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.
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4. 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.
5. 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.
6. 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.
7. 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
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NC: 2024:KHC:24843
the undertaking given by the commissioner before the Hon'ble
Supreme Court.
8. 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.
Sd/-
JUDGE
AMM
