<p>Denial of Transferable Development Rights (TDR) certificates to 138 people whose land has been acquired for public purposes shows that it is texted with the mindset of a draftsman of the East India Company, the Karnataka High Court has observed.</p>.<p>Jayamma and other slum dwellers claimed to be in lawful occupation of the land in Marenahalli village, Uttarahalli hobli, by way of ‘hakku patra’ (title deeds) issued by the authorities. The land was acquired for laying roads, building drains and other public purposes.</p>.<p>Both the Bangalore Development Authority (BDA) and the Bruhat Bengaluru Mahanagara Palike (BBMP) contended that since the petitioners are not the ‘owners’ of the subject land, they have no right to seek TDR certificates.</p>.<p>In the third round of litigation, the petitioners challenged the endorsement issued by the BDA on May 17, 2022, declining to grant TDR certificates in lieu of acquired lands.</p>.<p>“A bare perusal of the impugned order gives an impression that it is texted with the mindset of a draftsman of the East India Company of the bygone era and not by the one whose heart is in the right place,” Justice Krishna S Dixit observed.</p>.<p>The court further noted: “Our Constitution, which has ushered in a Welfare State, ordains that government and its authorities shall conduct themselves fairly, justly and reasonably while treating the grievance of the citizens who are unable to fend for themselves. Our Constitution having been founded on human values, the state and its authorities should adopt a humane approach to the problems of those in need of socio-economic aid.”</p>.<p>The court noted that in the earlier round of litigation in a civil contempt petition, BBMP officials were levied costs of Rs 25,000. The court has directed the BDA to grant TDR certificates to petitioners and to report compliance to the Registrar General within three months.</p>.<p>“Should delay be brooked, the Commissioner of BDA shall pay to each of the petitioners a sum of Rs 1,000 per day, which may be recovered from the erring officials in accordance with law.</p>.<p>“The BBMP and other public offices on requisition by the BDA shall furnish all necessary information/records to facilitate issuance of TDR certificates,” the court said.</p>
<p>Denial of Transferable Development Rights (TDR) certificates to 138 people whose land has been acquired for public purposes shows that it is texted with the mindset of a draftsman of the East India Company, the Karnataka High Court has observed.</p>.<p>Jayamma and other slum dwellers claimed to be in lawful occupation of the land in Marenahalli village, Uttarahalli hobli, by way of ‘hakku patra’ (title deeds) issued by the authorities. The land was acquired for laying roads, building drains and other public purposes.</p>.<p>Both the Bangalore Development Authority (BDA) and the Bruhat Bengaluru Mahanagara Palike (BBMP) contended that since the petitioners are not the ‘owners’ of the subject land, they have no right to seek TDR certificates.</p>.<p>In the third round of litigation, the petitioners challenged the endorsement issued by the BDA on May 17, 2022, declining to grant TDR certificates in lieu of acquired lands.</p>.<p>“A bare perusal of the impugned order gives an impression that it is texted with the mindset of a draftsman of the East India Company of the bygone era and not by the one whose heart is in the right place,” Justice Krishna S Dixit observed.</p>.<p>The court further noted: “Our Constitution, which has ushered in a Welfare State, ordains that government and its authorities shall conduct themselves fairly, justly and reasonably while treating the grievance of the citizens who are unable to fend for themselves. Our Constitution having been founded on human values, the state and its authorities should adopt a humane approach to the problems of those in need of socio-economic aid.”</p>.<p>The court noted that in the earlier round of litigation in a civil contempt petition, BBMP officials were levied costs of Rs 25,000. The court has directed the BDA to grant TDR certificates to petitioners and to report compliance to the Registrar General within three months.</p>.<p>“Should delay be brooked, the Commissioner of BDA shall pay to each of the petitioners a sum of Rs 1,000 per day, which may be recovered from the erring officials in accordance with law.</p>.<p>“The BBMP and other public offices on requisition by the BDA shall furnish all necessary information/records to facilitate issuance of TDR certificates,” the court said.</p>
