JAYAMMA Vs. COMMISSIONER

JUDGEMENT

(1.) In these writ petitions, the petitioners have sought for the following reliefs:

(2.) The case of the petitioners is that the petitioners being the houseless persons were originally slum dwellers living in a slum situated in Sy.No.40, Marenahalli, Bangalore South. The respondent- Corporation required about 8 acres of land for the formation of the road and for providing civic amenities and accordingly a proposal was prepared for displacing about 180 persons including the petitioners. The petitioners agreed for the proposal. Accordingly, in pursuance of the proposal, the Corporation issued orders dated 3.7.1976 shifting 180 occupants including the petitioners by providing them alternate house sites in Sy.Nos.17 and 18 for their rehabilitation and they have been issued Hakku patras in respect of Sy.Nos.17 and 18 and possession certificates have been issued in favour of the petitioners. Subsequently, in the year 1979-80, katha was also issued, but the petitioners have not been put in actual possession of the sites. In respect of Sy.No.17, there is dispute. Hence, the Corporation has taken a decision to compensating the petitioners by issuing TDR certificate in their favour. Accordingly, the Corporation has decided on 23.1.2019 and 1.2.2019 to send proposals to the BDA to issue TDR certificates in favour of the petitioners. Subsequently, the Corporation has sent a proposal to the BDA requesting to issue TDR certificates to the petitioners. In turn, the BDA returned the file to the Corporation seeking some documents and clarifications. Since the respondents have not issued the TDR certificates, the petitioners have approached this Court.

(3.) Sri.A.S.Ponnanna, the learned senior counsel appearing for the petitioners have submitted that even though hakku patras have been issued in favour of the petitioners, they have not been put in possession of Sy.No.17 since there is dispute in respect of Sy.No.17. To compensate the petitioners, the Corporation has taken a decision to issue the TDR certificates in favour of the petitioners. Till today, they have not issued the TDR certificates. Hence, he sought for allowing the writ petitions.