Order non-negotiable; Your officers will probably be in soup if the order will not be carried out: SC Bench
New Delhi: The Supreme Court has directed the Karnataka Authorities to implement its earlier order concerning the issuance of Transferable Growth Rights (TDR) below the Karnataka Stamp Act, 1957 to the authorized heirs of the late scion of the erstwhile Mysore royal household, Srikantadatta Narasimharaja Wadiyar.
The TDR pertains to the land at Bangalore Palace Grounds, which was earmarked for widening Ballari and Jayamahal Roads — key routes to attain the Kempegowda Worldwide Airport, Devanahalli. The Court made it clear that the order is non-negotiable and has to be carried out.
A Bench comprising Justices M.M. Sundresh and Aravind Kumar, addressing senior advocate Kapil Sibal and Karnataka’s Advocate Normal Shashi Kiran Shetty yesterday, acknowledged, “We’ve handed the order; it’s non-negotiable. Your officers will probably be in soup if the order will not be carried out.”
Sibal and Shetty argued that the State Authorities had promulgated an Ordinance and determined not to utilise the disputed land. “We’ve determined to quit the acquisition. We don’t want to purchase it. Until the Ordinance is in place and till it’s challenged or struck down, we can’t implement the order, as it’s regulation,” Sibal contended earlier than the Bench.
Nevertheless, senior advocates A.Okay. Ganguli, Madhavi Divan, and Gopal Sankaranarayanan, representing the petitioners, asserted that issuing the Ordinance was a direct defiance of the Supreme Court’s order. They identified that the Ordinance was promulgated solely after the six-week deadline set by the Court for implementing its order had expired.
Sibal additionally famous that the State Authorities had beforehand succeeded in its unique enchantment earlier than the Excessive Court and that the primary matter was nonetheless pending adjudication.
The Bench, nonetheless, acknowledged that it will deal with all the problems and scheduled the matter for consideration in two weeks. The Commissioners of Bruhat Bengaluru Mahanagara Palike (BBMP) and Bangalore Growth Authority (BDA), who had been current in particular person, had been instructed to seem earlier than the Court once more on the following date of listening to.
On Jan. 29, 2025, the State Authorities notified the Bangalore Palace (Utilisation and Regulation of Land) Ordinance 2025. The Ordinance enabled the Karnataka Authorities to bypass the Supreme Court’s directive to grant Rs. 3,011 crore in TDR to the authorized heirs of the Maharaja of Mysore.
The Ordinance has quickly halted the acquisition of the Palace land. Moreover, it permits the Authorities to restrict compensation to Rs. 2.3 lakh per acre as an alternative of the Supreme Court’s directive, which equates to practically Rs. 200 crore per acre below the TDR pointers.
The dispute stems from the 1996 Mysore Palace Acquisition and Switch Act, contested within the Supreme Court by members of the royal household. Spanning 472 acres and 16 guntas, the Palace Grounds had been acquired below the 1996 Act, with Rs. 11 crore earmarked as whole compensation.
Earlier, the State Authorities had argued that issuing the TDR certificates as per the prescribed guidelines for the 15 acres and 39 guntas of land would lead to an extra 13,91,742 sq. ft. of buildable space in Bengaluru.
After deducting 60 p.c of the steering worth, the Authorities estimated the notional price of the TDR at roughly Rs. 1,396 crore.
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