V. GOPAL REDDY Vs. BRUHATH BANGALORE MAHANAGARA PALIKE

JUDGEMENT

(1.) Petitioners claim to be the absolute owners of properties as described in the schedule situated Hongasandra Village, Begur Hobli, Bangalore South Taluk. It is submitted that the petitioners are in enjoyment of the properties and have revenue records mutated in their names and have been paying taxes.

(2.) Petitioners submit that they were served with notice on 03.01.2019 whereby the respondent has expressed its intention of widening Begur Road and for that purpose had called upon the petitioners to submit title documents and revenue records. It is further submitted that the respondent - BBMP has published notification at Annexure-E whereby the property owners were called upon to exercise their option of accepting the benefit of Transferable Development Rights (TDR) in lieu of monetary compensation. It is further submitted that the properties of the petitioners find reference at notification at Annexure-E.

(3.) Petitioners in the present writ petition have sought for a direction to restrain the respondent - BBMP from taking possession of the property without following the procedure for acquisition. Petitioners further submit that pursuant to the notification at Annexure-E and the notice at Annexure-D, petitioners addressed representations at Annexures-F, H and H1 making out their stand that they do not intend to accept TDR Certificate as is offered under the notification. It is submitted that despite such representations, respondent - BBMP intends to make use of the properties of the petitioners for road widening and have been calling upon the petitioners to accept the TDR Certificate in lieu of monetary compensation.