B T RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present two writ petitions have been filed by the retired Chief Engineer and retired Assistant Executive Engineer of the Bruhat Bengaluru Mahanagara Palike (for short 'the BBMP').

(2.) A resolution dtd. 26/2/2009 was passed by the BBMP for widening existing 20 ft. wide road from M.S.Ramaiah road to Dr. Rajgopal road to 80 ft. wide road. The land for carrying out the widening of the road pursuance to the resolution dtd. 26/2/2009 was acquired. It appears that the compensation was also paid however, the possession of houses/buildings were not taken.

(3.) In exercise of the power conferred under Sec. 14 (b) of the Karnataka Town and Country Planning Act, 1961 (for short 'the KTCP Act'), the BBMP has issued notification dtd. 1/7/2008 calling upon the owners of the property situated in Sy.No.35/3, 40/2 of Geddalahalli Village, coming within purview of the above said road, to apply for grant of transferable development rights (TDR) to the Commissioner of BBMP. The third respondent's house was also situated within the land acquired. However, the said house was not vacated by them for widening of the road. The third respondent and her husband did not accept the compensation and they had approached this Court in W.P.No.24814/2009. They had alleged that they were illegally dispossessed from their land and a portion of the building had been illegally demolished.