2. Learned counsel for the petitioner has cited
No.13357/2025 c/w. Writ Petition Nos.13369/2025,
"7. Having heard the learned counsel
appearing for the petitioner as well as the
learned counsel appearing for the
respondents, it is clear that the
notification under Section 14-B of the Act
that has been made by the respondent-
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BBMP is only an offer made to the
property owners to give up their
properties voluntarily in return for grant of
TDR Certificates, which would be in lieu of
monetary compensation. In fact, Section
14-B(6) of the Act would clarify the said
position. The said provision reads as
follows:-
"14-B. Benefit of development rights.-
(6) If the owner does not agree to
surrender his 'Area' required by a Public
Authority for any public purpose, for the
Development Rights and demands for
monetary compensation, then the Public
Authority may acquire such 'Area' by
providing compensation as per the
provisions of the Right to Fair
Compensation and Transparency in Land
Acquisition, Rehabilitation and
Resettlement Act, 2013 or any other law
prevailing."
8. In light of the provisions of Section
14-B(6) of the Act, it is clear that, if the
petitioner was unwilling to accept the
'Development Rights Certificates,' which
was being offered in lieu of monetary
compensation, the respondent-BBMP
would have to resort to acquisition under
the provisions of Right to Fair
Compensation and Transparency in Land
Acquisition, Rehabilitation and
Resettlement Act, 2013 or any other law
prevailing.
9. Hence, it is made clear that in light
of the rejection of offer made by the
respondent-BBMP, the BBMP would not
interfere with the rights of the properties
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of petitioner. However, the respondent-
BBMP is entitled to:-
(a) Initiate appropriate
proceedings for acquisition of
properties of the petitioner as may
be required for the purpose of
implementing their project under
the provisions of Right to Fair
Compensation and Transparency in
Land Acquisition, Rehabilitation and
Resettlement Act, 2013 or any
other law prevailing;
(b) They are entitled to obtain
transfer of property of the
petitioner to the extent as may be
required for the purpose of
implementation of the project by
negotiations after obtaining the
Deed of Conveyance.
(c) All other contentions of the
parties are kept open and without
prejudice to the rights of the
petitioner.
6. In light of the above, the present petitions are
required to be allowed, while the impugned
Notification dated 08.01.2025 under Section 14-B of
the Act does not require to be set aside.
7. Hence, it is made clear that in light of the
rejection of offer made by the respondent-BBMP, the
BBMP cannot interfere with the rights of the
properties of the petitioners till appropriate steps are
taken to deprive property of the petitioners as
prescribed under law. However, the respondent-
BBMP is entitled to:-
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(i) Initiate appropriate proceedings for
acquisition of properties of the petitioners as
may be required for the purpose of
implementing their project under the
provisions of Right to Fair Compensation and
Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 or
any other law prevailing;
(ii) They are entitled to obtain transfer of
property of the petitioners to the extent as
may be required for the purpose of
implementation of the project by negotiations
after obtaining the Deed of Conveyance.
(iii) All other contentions of the parties are
kept open to be raised appropriately and
direction is passed without prejudice to the
rights of the petitioners.
Accordingly, these petitions are disposed
off."
3. In light of the above legal position, the Court in
the connected writ petitions held that while the impugned
notification dated 08.01.2025 under Section 14-B need not
be quashed, it cannot be enforced against unwilling
landowners. The Court clarified that the BBMP is not
entitled to interfere with the petitioner's property rights
merely on the strength of such a notification. Instead, the
BBMP must either:
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(i) Initiate proceedings for acquisition of the
petitioners' properties in accordance with the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 or any other
applicable law, or
(ii) Enter into negotiations with the landowners and
obtain a registered Deed of Conveyance for voluntary
transfer of land, if the parties so agree.
4. It was further clarified that all rights and
contentions of the parties are left open and that the
petitioners shall not be deprived of their property except in
accordance with law. Accordingly, the writ petitions were
disposed of with the above directions, while preserving the
validity of the notification in question but restricting its
operation against unwilling landowners.
5. In the light of the order passed by the
Co-ordinate Bench of this Court, this Court proceeds to
pass the following:-
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ORDER
i. The writ petition is allowed.
ii. Impugned order dated 08.01.2025 is hereby
quashed and set aside.
iii. Respondent-BBMP shall not proceed with any
demolition or dispossession of the petitioner's
property without following due process of law.
iv. Initiate appropriate proceedings for acquisition
of property of the petitioner as may be required
for the purpose of implementing their project
under the provisions of Right to Fair
Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement
Act, 2013 or any other law prevailing.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
VMB
