The Karnataka High Court has directed the Bruhat Bengaluru Mahanagara Palike (BBMP) to issue Transferable Development Rights (TDR) for land acquired in 2012, ruling in favor of petitioners who sought compensation for their property.
Petitioners' Claim for TDR
The petitioners, whose land was acquired by the BBMP for road-widening purposes in 2012, argued that the civic body was obligated to issue TDR equivalent to 1.5 times the extent of the land as specified in the relinquishment deeds executed on April 3, 2012. They contended that despite fulfilling all formalities, the BBMP failed to issue the TDR certificates, causing financial loss.
Court's Ruling
Justice M. Nagaprasanna, presiding over the case, observed that the BBMP could not deny the TDR benefits when the acquisition was for a public purpose and the petitioners had complied with the required procedures. The court noted that the BBMP’s delay in issuing TDR was unjustified and directed the authority to process and issue the TDR within three months.
Impact and Implications
The ruling sets a precedent for similar cases where property owners have been awaiting TDR benefits for land acquired by the BBMP. The court emphasized that TDR is a statutory entitlement and cannot be withheld arbitrarily. The BBMP has been ordered to calculate the TDR based on the 1.5 multiplier as per the original agreement, providing relief to the petitioners who had been seeking this for over a decade.
According to the petitioners’ advocate, the High Court’s decision reinforces the principle that development rights must be honored promptly to ensure fair compensation for landowners contributing to urban infrastructure projects. The BBMP has not yet announced whether it will appeal the order.
