JAYAMMA Vs. COMMISSIONER BRUHATH BANGALORE MAHANGARA PALIKE

JUDGEMENT

(1.) The petitioner is before this Court calling in question an endorsement dtd. 1/9/2014 issued by the Bruhath Bengaluru Mahanagara Palike ('BBMP' for short) declining to accept the claim of the petitioner that she is entitled to Transferable Development Rights ('TDR' for short) in lieu of what was claimed to be her property and sought a consequential direction to the BBMP to restore the property of the petitioner to its original condition apart from formation of roads and drainage by the BBMP.

(2.) Heard Sri Naresh Kaushik, learned counsel appearing for the petitioner and Sri K.N.Puttegowda, learned counsel appearing for the respondents.

(3.) Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:- The petitioner claims to be the owner of certain extent of lands in Sy.Nos.34/1 and 48 of Devarajeevanahalli, Ward No.47, Bangalore. It is her claim that the lands initially belonged to her father Mr. Munimarappa who died in the year 1984. A suit for partition and separate possession was filed by the members of the family of Mr. Munimarappa in O.S.No.10099 of 1989. The said suit has been decreed partially. The petitioner challenges the said judgment and decree before this Court in R.F.A.No.791 of 2000. The appeal came to be allowed by the judgment dated 04. 06.2008 and the judgment and decree of the trial Court was modified to the effect that the petitioner is entitled to 1/4th share in plaint 'A' and 'B' schedule properties. It is claimed that the subject matter of the lis is concerning schedule 'B' property, which portion had fallen to the share of the petitioner pursuant to the judgment passed in the aforesaid regular first appeal.