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2023 Supreme(Kar) 832

KRISHNA S.DIXIT
Jayamma – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
R. Srinivasa Gowda, Advocate, Chaitravathi, Advocate, B.S. Sachin, Advocate

JUDGMENT/ORDER

1. Petitioners - the poor allotees of Hakku Patraas of small bits of land which they have given up on the assurance of being granted 'Transferable Development Rights' (hereafter TDR) are knocking at the doors of Writ Court for assailing the order dtd. 17/3/2022 issued by the Respondent - BDA (Annexure AD) whereby, the recommendation of the Respondent - BBMP for issuing the TDR Certificates to them has been negatived. Learned Sr. Advocate appearing for the petitioners insists that in view of the chequered history, this case should be taken up for hearing on a priority basis sine it involves the interest of poor persons.

2. Learned Sr. Advocate appearing for the petitioners argues that: the impugned order is contrary to law, i.e., sec. 14B of Karnataka Town and Country Planning Act, 1961; petitioners in recognition of their lawful occupancy of the land in question were issued individual Hakku Patraas and on being asked the same having been surrendered sans compensation, denial of TDR Certificate is unsustainable. What happened in earlier rounds of litigation i.e., in W.P.Nos.25898-26035/2019 & C.C.C.No.696/2020, coupled with the specific assurance of the concerned, furt

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