NAVEEN KUMAR V. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner herein approached the third respondent-Assistant Director, Town Planning Department of the Bruhat Bengaluru Mahanagara Palike, Rajarajeshwari Nagar Sub-Division, seeking sanction of a building licence and plan in terms of Annexure 'E'.

(2.) Learned Counsel submits that much prior to the submission of the sanction plan, the petitioner had sought information from the BBMP authorities and the petitioner was told that the plan has to be submitted showing 7.31 mtrs. in the front side of the property for expansion of road and plan will not be sanctioned in the said area. Accordingly, the petitioner submitted a proposed plan leaving out 7.31 mtrs. in the frontage of the property for the purposes of road widening. Thereafter, in terms of the bye-laws, the plan was submitted for putting up a commercial building. However, before approving the plan the petitioner was issued with the impugned communication dtd. 29/5/2023 at Annexure 'A' calling upon the petitioner to relinquish the portion earmarked for road widening, free of cost. Learned Counsel submits that the question as to whether a private property should be relinquished free of cost to the local authorities such as BBMP without payment of compensation was considered by a co-ordinate Bench in the case of Dr.Arun Kumar B.C. and Others Vs. State of Karnataka and Others in W.P.No.9408/2020 and connected matters dtd. 17/1/2022. Learned Counsel submits that the co- ordinate Bench has clearly held that such demand made by the local authorities to relinquish a private property free of cost for the purposes of formation of a road or widening of road will be clearly contrary to the provisions contained in Article 300A of the Constitution of India and the Karnataka Town and Country Planning Act.

(3.) Learned Counsel would also draw the attention of this Court to an office order dtd. 31/1/2023 at Annexure 'B'. However, learned Counsel for the respondent-BBMP would submit that the Office Order dtd. 31/1/2023 at Annexure 'B' is an internal communication made by the Chief Commissioner, BBMP to all the concerned Officers of the BBMP in the matter of considering a sanctioned plan for the purpose of the Floor Area Ratio and making use of the benefit of Transferable Development Rights. At any rate, it is submitted that there is no occasion for the petitioner to question the said internal communication made by the Chief Commissioner to the Officers of the BBMP.