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Karnataka High Court · body

2017 DIGILAW 1035 (KAR)

Kanta Devi Malpani v. Joint Director, Town Planning Department (North)

2017-07-12

VINEET KOTHARI

body2017
JUDGMENT : 1. The matter pertains to TDRs issued by Respondent - BBMP and utilization thereof by the petitioner. 2. The learned counsel for the Respondent - BBMP has placed before the Court a Memo filed today along with the Rules known as the Karnataka Town and Country Planning (Benefit of Development Rights) Rules, 2016 (hereinafter referred to as "2016 Rules" for short) published vide Notification No. UDD 283 BEMRUPRA 2015, Bengaluru dated 04.03.2017 in Part-IVA of the Karnataka State Gazette No. 227. Rule 9 of the said "2016 Rules" inter-alia provides as under: "Rule 9: Development Rights Certificate issued prior to the commencement of the Karnataka Town and Country Planning (Amendment) Act, 2015: The following actions shall be taken for the Development Right Certificate issued prior to the commencement of the Karnataka Town and Country Planning (Amendment) Act, 2015, namely:- (a) The Planning Authority shall collect all the details of Development Right Certificates issued transferred and utilized within its jurisdiction, from the Local Authorities which have issued, transferred and utilized Development Right Certificates and after verifying the veracity of those certificates enter in separate register in Form XI maintained for this purpose. (b) The development right certificates issued prior to the KTCP (Amendment) Act, 2015 shall be utilized under the existing rules as per the calculation illustrated as below:- DRC utilization @ receiving plot = Extent of existing TDR (in FAR) X Market value of originating plot at the time of approval of the plan for utilization of Transferrable Development Rights ---------- Market value of receiving plot at the time of approval of the plan for utilization of Transferrable Development Rights X FAR of receiving plot 3. In view of this, Mr. V. Sreenidhi, learned counsel for BBMP submits that the requisite documents for the case of the petitioner have already been forwarded by BBMP to the concerned Planning Authority, namely, the Bangalore Development Authority (BDA) by endorsing the copy of communication dated 16.06.2017 given to the present petitioner Smt. Kanta Devi Malpani and according to that, the BDA is now the concerned Authority to proceed further with regard to the said Development Right Certificates as per aforesaid Rule 9. 4. The said Rule recently enacted by the State Government apparently confers the said jurisdiction now to the Planning Authority which is BDA. 5. 4. The said Rule recently enacted by the State Government apparently confers the said jurisdiction now to the Planning Authority which is BDA. 5. The learned counsel for the petitioner submitted that as far as the three Transferrable Development Right Certificates (TDRs) in question, Annexures N, O and P are concerned, since veracity of the same was already authenticated by the BBMP, prior to notifying of aforesaid Rule 9, therefore the BDA should issue requisite TDRs to the petitioner forthwith. 6. This contention cannot be accepted, even if the verification was already done by the Respondent - BBMP. In view of the newly enacted Rules, now the jurisdiction vests with BDA to issue the necessary Development Right Certificates after due verification. The applicability and operation of said Rule 9 cannot be overlooked. Therefore, the petitioner obviously has to now approach the BDA in pursuance of the communication given to her by the BBMP on 16.06.2017 and a copy of which is already endorsed to BDA also by the BBMP. 7. The learned counsel for the petitioner further contended that the petitioner's case is covered by Clause 9 (b) of the "2016 Rules" quoted above. 8. It will be for the petitioner to approach the concerned Authority, namely, BDA and the competent Authority will consider the case of the petitioner as per Rule 9 expeditiously within three months from today. 9. With these observations, the writ petition stands disposed of. No costs.