COMMISSIONER, BBMP Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra Court appeal is filed by the appellant challenging the order dtd. 3/7/2023 passed by the learned Single Judge in W.P.No.13263/2022, whereby the learned Single Judge allowed the writ petition directing the BBMP to issue Transferable Development Rights Certificate (for brevity, referred to as "the TDR Certificate") as undertaken by the Commissioner, BBMP in the Relinquishment Deed dtd. 17/3/2012 in favour of the petitioner/respondent No.3 herein.

(2.) We have heard the learned counsel Sri.Monesh Kumar K.B., for the appellants, the learned Additional Government Advocate for respondent No.1, Smt.Poonam Patil, learned counsel for respondent No.2 and Sri Shivaprasad Shantanagoudar, the learned counsel for respondent No.3.

(3.) It is contended by the learned counsel for the appellant-BBMP that the learned Single Judge has erred while allowing the writ petition without considering the factual aspect of the matter in right perspective. He contended that respondent No.3 i.e. the writ petitioner had relinquished his property i.e. 1019.16 sq. mtrs of land in Sy.No.128/1 of Herohalli Village, Yeshwanthapura Hobli, Bengaluru North, Ward No.72 (for brevity, "the land in question") in favour of local erstwhile Panchayath Authority for formation of road in the year 2007. Even the other landowners in Sy.No.128/2B had voluntarily handed over 25 feet to the said Authority for formation of road. Thus, various owners including respondent No.3 handed over portion of their lands measuring 25 feet free of cost for formation of road. However, after lapse of ten years, respondent No.3 insisted the BBMP to issue TDR Certificate by relying on the concocted Relinquishment Deed dtd. 17/3/2012. As such, there is no question of compelling the appellant-BBMP to issue the TDR Certificate.