The High Court of Karnataka has directed the State Government and the Bruhat Bangalore Mahanagara Palike (BBMP) to issue Transferable Development Rights (TDR) certificates to several land owners who are waiting for issuance of TDR certificates for years, despite relinquishing lands to the BBMP through the registered deeds.
The court also declined to accept the stand of the Government and the BBMP that they would reconvey the lands to the petitioner-owners while claiming the lands are not required for road widening now and the lands would be returned to the petitioners.
Justice Krishna S. Dixit passed the order while allowing petitions filed by D.V. Venkateshappa and nine others persons, from whom the BBMP had taken over the lands through the relinquishment deeds more than five years ago to widen the roads identified in the Revised Master Plan (RMP)-2015. The lands were taken over based on the mutual agreement with the petitioners that they would be given TDR certificates in stead of paying compensation for the lands.
“The action of BBMP falls short of constitutional morality. This statutory authority which answers the definition of State under Article 12 of the Constitution cannot be permitted to resile from the its promise of issuing TDR certificates,” the court observed.
The court also found that there was no clause in the relinquishment deeds for reconveyance of the lands to the owners.
While giving three months to issue the TDR certificates to the petitioners, the court said that the BBMP will have to pay cost to the petitioners at the rate of ₹1,000 per sqmt of relinquished lands in addition to risking in contempt of court action if failed to issue the TDR certificates within three months.
Also, the court imposed a rider on the petitioners stating that they should file with the registry of the court as well as with the BBMP within four weeks an affidavit on non-judicial stamp paper to the effect that the BBMP has been in the exclusive possession of subject lands and that they or anyone claiming under them shall not interfere with the same in any circumstance nor they shall claim any compensation or damages or return of the lands.
However, the court gave liberty to the petitioners, if they so desired, to seek reconveyance of the lands, and if any of the petitioners are ready to take back the lands then such lands should be reconveyed within eight weeks.
