C. SUBRAMANYA NAIDU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are the owners of residential property consisting of sites in Sy. Nos. 59 and 60 of Mylasandra Village, Kengeri Hobli, Bengaluru South Taluk, coming within the jurisdiction of Rajarajeshwari Nagar Zone, BBMP, Bangalore. It is submitted that the respondent - BBMP in exercise of the power under Sec. 14-B of the Karnataka Town and Country Planning Act, 1961, has issued notification informing that in lieu of the acquired land, respondents would be distributing the Transferable Developed Rights ("TDR"). The notification is published in Newspaper and the same is enclosed as Annexure-C.

(2.) The petitioners state that they have made out representations at Annexure-D series clearly taking their stand that they do not intend to accept TDR. It is further submitted that despite such stand of the petitioners, respondents are intending to form road while insisting on the petitioners to accept TDR in lieu of cash compensation.

(3.) Learned counsel for the respondent - BBMP submits that it is a settled position of law that in the event the land owners do not accept TDR, the Authority would take further steps for land acquisition or direct procurement.