Grant TDR papers in three months: Karnataka HC

The Karnataka High Court termed the Bruhat Bengaluru Mahanagara Palike (BBMP) stand of denying promised Transferable Development Rights (TDR) certificates to the land losers, saying that the lands are no longer required, ‘falls short of constitutional morality’, and directed the state government and the civic body to grant TDR certificates to the petitioners who have lost their lands for formation/widening of roads within three months.
“If delay is brooked, the BBMP should pay cost to the petitioners at the rate of Rs 1,000 per week per sq m of relinquished lands, in addition to risking contempt action,” cautioned Justice Krishna S Dixit while allowing a batch of petitions filed by DV Venkateshappa and several others from Bidarahalli Hobli.
The court also clarified that it is open to the petitioners to seek reconveyance of surrendered lands, if they so desire. If representations to this effect are made, the BDA should reconvey the surrendered lands within eight weeks, failing which the same cost should be paid, in addition to risking contempt action. The BBMP can recover the cost if and when paid, personally from the erring officials in accordance with law, the court added.
The petitions were filed by the land losers seeking a direction to the BBMP for issuance of TDR or ‘Development Rights Certificates’ in respect of lands in question which they have relinquished in favour of BBMP five years ago for the formation/widening of roads.
The BBMP resisted the claim of petitioners whereas the state government sought dismissal of the petitions principally contending that the lands are no longer required and that the same will be returned to the land owners. Even otherwise, the subject lands being situated outside its territorial jurisdictional limits and hence cannot be made use of land and as such TDR certificates cannot be granted, they argued.
Referring to these arguments, the court said that the contention of BBMP is thoroughly unjustified and unconscionable. The petitioners gave up their lands years ago and free of cost, of course, the TDR being the assured recompense. They did it, not for getting the lands back that too at this length of time, the court observed. The court also observed that the petitioners acting on the statutory policy of the state and believing the words of government and BBMP have surrendered valuable lands and thereby altered their position to their disadvantage and to the great benefit of BBMP.