G.N.MUNINANJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner claims that he is the owner of the property bearing Sy.No.267/5. measuring 1 acres 02 guntas, situated at Gunjuru Village, Varthur Hobli, Bengaluru East and in the said land, an extent of 1509.7 square meters is utilised for the formation of 45 meter road from Gear school road to Peripheral ring road, via Gunjuru palya, Varthur. The petitioners grievance is that the respondent-BBMP having utilized the said extent of land belonging to the petitioner for formation of road has not issued Transferable Development Rights (for short 'TDR').

(2.) Mr. M.T. Nanaiah, learned senior counsel appearing for the petitioner's counsel submits that the respondent-BBMP having utilized the portion of the land belonging to the petitioner is under an obligation to issue TDR certificate as specified under Sec. 14-B of the Karnataka Town and Country Planning Act, 1969 and also Rules which are applicable for grant of TDR certificate.

(3.) Learned counsel appearing for the respondent-BBMP submits that the petitioner having not submitted a representation with the respondent-BBMP for issuance of TDR certificate is not entitled for considering his claim for grant of TDR certificate in his favour for allegedly using a portion of the subject land belonging to him for widening of the road.