RUBY SINGH Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner, who had to give up her entire property at the request of the respondent-Bruhat Bengaluru Mahanagara Palike (hereinafter referred to as 'the BBMP', for short) during road formation and road widening, is before this Court, seeking a direction to the respondent-BBMP and respondent-Bangalore Development Authority, to issue a Certificate of Transferable Development Rights (hereinafter referred to as 'the TDR Certificate', for short), having regard to the recommendation made by the Technical Vigilance Committee (hereinafter referred to as 'the TVCC', for short) of the BBMP.

(2.) It is not disputed at the hands of the respondent- BBMP that the property belonging to the petitioner was indeed sought during the process of road formation and road widening and accordingly, the petitioner executed a relinquishment deed dtd. 22/12/2015, registered in the office of the Sub-Registrar, Shivajinagara, on 13/4/2016. In the relinquishment deed, the property relinquished is shown at schedule 'A' and in schedule 'B', the detailes of TDR certificate to be issued in favour of the petitioner is contained. However, objections were thereafter raised at the hands of the BBMP, following complaints received, stating that the petitioner is not entitled for Transferable Development Rights to an extent of 3756.96 sq.mtrs., as shown in schedule 'B' of the relinquishment deed.

(3.) Learned Counsel for the petitioner submits that the petitioner has admitted before the TVCC that the petitioner's land was measuring 72.00 sq.mtrs., only. However, in respect of the measurement of the building is concerned, the petitioner admitted before the TVCC that the building consisted of Ground + three floors, each floor measuring 751 sq.ft., only and not 1020 sq.ft., as was wrongly shown in the relinquishment deed. Following the admission of the physical measurement of the land and buildings, the TVCC recommended that the petitioner would be entitled for TDR certificate to an extent of 1315.65 sq.mtrs. Therefore, the petitioner sought a certificate to the extent as recommended by the TVCC. However, the officials of the BBMP, thereafter made different communications to the petitioners and sought to recalculate the entitlement of the petitioner. Learned Counsel has pointed out to the statement of objections filed at the hands of the respondent-BBMP which says that the petitioner is entitled for 831.722 sq.mtrs., only.