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The High Court of Karnataka has deprecated the behaviour of the past Bruhat Bengaluru Mahanagara Palike (BBMP) for failing to contented Transferable Development Rights (TDR) till contiguous contempt utilising a backstage onshore to signifier a roadworthy successful 2012, and for coming retired with “preposterous assertion of fraud” 14 years aft execution of land’s relinquishment deeds successful favour of the BBMP.
Justice M. Nagaprasanna passed the bid portion allowing a petition filed by Lakshmi, 57-year-old widow, and her children, who are ineligible heirs of the precocious Puttaswamy.
It was stated successful the petition that the BBMP issued notification successful January 2012 for acquiring definite lands for the enactment of roadworthy successful Hoskerehalli, and the notification offered the landowners the installation to opt for TDR alternatively of monetary compensation.
Puttaswamy, whose onshore were mentioned successful the notification, executed relinquishment deed successful April 2012.
Not paid heed
After the decease of Puttaswamy, Lakshmi and her children person lived done a bureaucratic hassle arsenic the BBMP did not heed to a bid of representations for issuance of the TDR. She has claimed successful her latest practice that “Puttaswamy had died of bosom onslaught owed to non-issuance of the TDR that caused accent successful repaying his debt” portion pointing to fiscal accent the household is present facing.
Meanwhile, the BBMP, portion admitting execution of relinquish deed, claimed earlier the tribunal successful 2025 that though the deed was executed “fraudulently” done its past Additional Commissioner portion contending that execution of the deed was an mistake onshore was “not used” for the enactment of the road.
Rejecting the BBMP’s claim, the tribunal pointed retired that not a portion of insubstantial was produced earlier the tribunal by the BBMP to show that support for execution of relinquishment deeds were taken erroneously. As the BBMP claimed that archetypal records were not available, the court, from the enactment sheets of the authoritative files, recovered notation to process of support of relinquishment deeds.
Claim rejected
Having executed the relinquishment deed, the BBMP “cannot portion disconnected the rights of the citizen, connected a specious plea that it was an error. The petitioners contiguous person neither the lands nor the TDR oregon immoderate magnitude arsenic compensation. Even the relinquishment deeds are intact adjacent today,” the tribunal noted portion directing issuance of the TDR wrong 3 months.
