Notification required to implement appellate order: BBMP

Bengaluru: The Bruhat Bengaluru Mahanagara Palike (BBMP) on Wednesday stated that it would require an “enabling government notification for the implementation of the order of the appellate authority”. 

The civic body also pointed out that there was no need to amend the Karnataka Town and Country Planning (KTCP) Act as the 2021 amendment allows the utilisation of transferable development right (TDR) certificates from one planning area to the other, provided the government notifies the same. 

The BBMP issued the statement following an article published in DH under the title: ‘Sandwiched’ BBMP chief Tushar Girinath makes ‘unusual request’ to govt over TDR rule.

The article pointed out how the appellate authority, that is Urban Development Department (UDD), set aside BBMP’s November order to favour a builder even before the notification was in force. 

The appellate authority, besides directing the BBMP to accept the TDR of Vasvani Whitefield Projects Ltd, had suggested the BBMP’s chief commissioner set up a suitable protocol for redressal of the issue that may include bringing BBMP jurisdiction into one planning area. 

Stating that there were no differences between the BBMP and the UDD, the civic body pointed out that the proposal was sent to the government “only on the point of technical compliance.” 

“The BBMP is in alignment with the appellate authority’s view of interchangeable use of TDRs within the BBMP area irrespective of the planning area.” 

Sources however pointed out that there was nothing wrong with the BBMP asking the government to notify the KTCP Act amended in 2021 but added that the appellate authority does not have powers to suggest notification that seeks to bring in post-facto change to the KTCP Act to suit its order.