LAWS(KAR)-2019-4-115

MALIK MOHAMMAD NAWAZ Vs. ASST EXECUTIVE ENGINEER

Decided On April 03, 2019
Malik Mohammad Nawaz Appellant
V/S
ASST EXECUTIVE ENGINEER Respondents

JUDGEMENT

(1.) The petitioners in W.P.Nos.2432/2019, 2431/2019, 2421/2019, who are owners of the property bearing khatha Nos.190, 200 and 201 respectively, situated at Kadugodi, Bengaluru would state that they are in possession and enjoyment of their properties and have been paying the taxes.

(2.) The petitioners have sought for issuance of a writ of certiorari to quash the notice at Annexure-C dated 26.12.2018 whereby, the petitioners were called upon to accept Transferable Development Rights (hereinafter 'TDR') Certificate and submit necessary forms with documents.

(3.) The petitioners state that the respondent Bruhat Bengaluru Mahanagara Palike (hereinafter 'BBMP) intending to carry out an underpass and also road widening activity at LC-131 near Kadugodi (332/100 km.) between Devaganthi Whitefield Stations as per the Revised Master Plan 2015 had made the said offer to the petitioners to accept the TDR.Certificate in lieu of monetary compensation. Necessary notification at Annexure-B came to be issued under Section 14-B of the Karnataka Town and Country Planning Act, 1961 ('the Act' for brevity) dated 24.12.2018 calling upon the property owners, morefully mentioned in the schedule to the notification to surrender their property rights in return for TDR.