SRI G. GOPAL REDDY v. SRI TUSHAR GIRI NATH, IAS

SRI G. GOPAL REDDY S/O. LATE VENKU REDDY AGED ABOUT 71 YEARS RESIDING AT SRI SRINIVASA NO.1408, 11TH MAIN, MAHALAKSHMIPURAM WEST OF CHORD ROAD, 2ND STAGE BENGALURU-560 086. (BY SRI MALLIKARJUNA N.K., ADVOCATE, FOR SRI SAMPATH A.) …COMPLAINANT MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA AND:

SRI TUSHAR GIRI NATH, IAS COMMISSIONER, BBMP CORPORATION OFFICE HUDSON CIRCLE BENGALURU-560 002.

SRI R. VENKATACHALAPATHI JOINT COMMISSIONER BBMP, MAHADEVPURA ZONAL OFFICE, MAHADEVAPURA BENGALURU-560 004.

SMT. JYOTHI LAKSHMI S. ASSISTANT REVENUE OFFICER BBMP ZONAL OFFICE MAHADEVAPURA ZONAL OFFICE MAHADEVAPURA BENGALURU-560 004. - 2 - NC: 2025:KHC:7244-DB CCC No. 455 of 2023

SRI ANAND EXECUTIVE ENGINEER BBMP ZONAL OFFICE MAHADEVAPURA ZONAL BENGALURU-560 004. …ACCUSED (BY SRI S.H. PRASHANTH, ADVOCATE, FOR A1 TO A3) * * * THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO PUNISH THE ACCUSED FOR NON-COMPLIANCE AND WILLFUL DISOBEDIENCE OF THE ORDER DATED 15-12-2022 IN WRIT PETITION NO.11464 OF 2020 (LB-BMP) VIDE ANNEXURE-A. THIS CIVIL CONTEMPT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceedings has been initiated against the accused for non-compliance of the order dated 15-12-2022 passed in Writ Petition No.11464 of 2020 (LB-BMP), wherein the accused-Bruhat Bengaluru Mahanagara Palike authorities were directed to consider and pay the amount to the complainant/petitioner and to pass necessary orders within a period of twelve weeks from the date of receipt of a certified copy of that order. - 3 - NC: 2025:KHC:7244-DB CCC No. 455 of 2023

2. Sri Mallikarjuna N.K., learned counsel representing Sri Sampath A., learned counsel the complainant, Sri S.H. Prashanth, learned counsel for accused Nos.1 to 3, accused No.1-Sri Tushar Giri Nath, accused No.2- Sri R. Venkatachalapathi, and accused No.3-Smt Jyothi Lakshmi S., are physically present before the Court.

3. Sri S.H. Prashanth, learned counsel for accused Nos.1 to 3, submits that he has filed the compliance Affidavit of Sri Tushar Giri Nath, Chief Commissioner, Bruhat Bengaluru Mahanagara Palike, Bengaluru, which reads as under: "

I respectfully submit that in compliance with the order dated 15.12.2022 passed in Writ Petition No.11464 of 2020 (LB-BMP), the BBMP firstly conducted the survey of the property to determine the extent of acquisition. The survey sketch was conducted on date:15.02.2025. A copy of the survey sketch dated 15.02.2025 is produced herewith and enclosed as ANNEXURE - R1.

I respectfully submit that in furtherance to the survey conducted, Form I dated 17.02.2025 has issued under Section 14B(4)(i) of the Karnataka Town and Country Planning Act, 1961 (thereafter referred to as the "the Act") for the - 4 - NC: 2025:KHC:7244-DB CCC No. 455 of 2023 issuance of TDR in favour of the Complainant in lieu of the monetary compensation to be paid to the land owner. A copy of the Form I notification dated

17.02.2025 is produced herewith and marked as ANNEXURE - R2.

It is respectfully submitted that under this notification, the land owners/interested parties of the scheduled properties whose lands are to be acquired shall give the consent for Grant of Development Rights to the Chief Commissioner, BBMP wherein, the land owners shall receive twice the area of land surrendered in lieu of monetary compensation as Development Rights (Notional land) and two time the building area surrendered as estimated by the value of the building area surrendered divided by the Market value of the land on which the building is constructed.

It is respectfully submitted that 30 day statutory period is provided under Section 14B(4)(i) of the Act, 1961 to invite objections from the public. If there is no objection-and the land owner also gives his consent for the same under Form IV of the Act, 1961, a Form III will be issued through a public notification in the individual name of the land owner. Once again, a statutory period of 30 days is prescribed for inviting objections following the issuance of Form III. On considering objections - 5 - NC: 2025:KHC:7244-DB CCC No. 455 of 2023 received, if any, a provisional acceptance certificate will be sent to the BDA for the issuance of TDR in favour of the land owner.

I respectfully submit that a period of 90 days would be required to fulfil the statutory obligations under the Act, 1961 in issuance of TDRs to the land owners. "

4. Compliance Affidavit is taken on record.

5. At this stage, Sri Mallikarjuna N.K., learned counsel for the complainant, submits that in view of the undertaking given by the accused in the compliance Affidavit that a period of ninety days would be required to fulfill the statutory obligation under the Karnataka Town and Country Planning Act, 1961, this contempt proceedings may be dropped, with liberty to approach the Court, if need arises.

6. Submission of the learned counsel for the complainant is taken on record.

7. Accordingly, the contempt proceedings are hereby dropped. - 6 - NC: 2025:KHC:7244-DB CCC No. 455 of 2023 Liberty, as sought for, is granted. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 2 Sl No.: 5