Bengaluru, May 26 The Karnataka government has filed an application before the bench headed by the Chief Justice of India, challenging the grant of the Transferable Development Rights (TDR) certificates to the members of the Mysuru royal family in connection with the acquisition of 15 acres of Bangalore Palace Grounds.
The bench headed by Justice M.M. Sundresh and Justice Aravind Kumar had given the order in this regard on May 22. The bench has directed the issuance of TDRs worth Rs 3,000 crores for 15 acres of Palace Grounds property acquired for the road-widening project in Bengaluru.
Senior counsel Kapil Sibal, representing the Karnataka government, pleaded with the bench to list the matter urgently. The Chief Justice of India, B.R. Gavai, agreed to take up the matter on Tuesday.
Kapil Sibal argued that Transfer of Development Rights (TDR) can only be granted based on a legal amendment that was passed in 2004. Therefore, it should not be applied to cases or events that happened before 2004.
He further stated, "This issue is related to a law passed by the Karnataka legislature in 1996 concerning the acquisition of Palace Grounds in Bengaluru. As part of that acquisition, the compensation amount was fixed at Rs 11 crore. This was challenged before the High Court, and it upheld the Act. Afterwards, the matter came before the Supreme Court in 1997, and it's been pending for 28 years.”
The other side is demanding compensation. The government maintained that the TDR rights couldn’t be given as the TDR came into place in 2004. The land acquisition of the Palace Grounds was made in 1996.
The counsel representing the royal family submitted that the TDRs were already handed over last Friday.
The Chief Justice of India questioned whether it is appropriate or legally valid for one bench of judges to review or overturn a decision made by another bench of the same court.
Senior counsel Kapil Sibal clarified that he is not asking for a review of the decision and questioned whether a provision of law can apply retrospectively.
The Karnataka Cabinet, chaired by Chief Minister Siddaramaiah, has decided to utilise and control the land attached to the Bengaluru Palace Grounds located in the heart of Bengaluru city on January 30.
Minister for Law and Parliamentary Affairs H.K. Patil said that the Supreme Court order on December 10, 2024, asking the government to compensate for 15 acres of land of the Bengaluru Palace Grounds through Transferable Development Rights (TDR) has rendered the road expansion plan unviable. The payment of huge amounts as compensation is against the interest of the public and public policy.
Earlier, Chief Minister Siddaramaiah had clarified that the government’s decision to promulgate an ordinance to take over the prime property of Bengaluru Palace Grounds, owned by the Mysuru royal family, is not driven by enmity.
Responding to the issue, Mysuru’s Maharani Pramoda Devi Wadiyar had stated that if any injustice is done to them regarding the Bengaluru Palace matter, they will pursue a legal battle.
--IANS
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