'Order non negotiable': Supreme Court to Karnataka govt's plea on ordinance relating to Bangalore Palace Ground

"We have decided to give up the acquisition. We don't want to acquire. Till the Ordinance is in place and until it is not challenged, or struck down. We can't implement, since it is law," Kapil Sibal contended before the bench.

New Delhi: The Supreme Court on Thursday told the Karnataka government that its previous order for issuance of transferable development rights to the legal heir of Srikantadatta Narasimharaja Wadiyar for the land of Bangalore Palace ground sought to be acquired for widening of Bellary and Jayamahal Roads, was non negotiable and has to be implemented.

"We have passed the order, it is non negotiable. Your officers would be in soup, if the order is not implemented," a bench of Justices M M Sundresh and Aravind Kumar orally told senior advocate Kapil Sibal and Karnataka's Advocate General Shashi Kiran Shetty, who contended the state government has promulgated an Ordinance and decided not to utilise the land in question.

"We have decided to give up the acquisition. We don't want to acquire. Till the Ordinance is in place and until it is not challenged, or struck down. We can't implement, since it is law," Sibal contended before the bench.

Senior advocates A K Ganguli, Madhavi Divan and Gopal Sankaranarayanan, appearing for the applicants, contended that the act of issuing Ordinance was in defiance of the apex court's order. They pointed out the Ordinance was issued after six weeks time given by the apex court to implement its order.

Sibal also said the State government has earlier succeeded in original appeal before the High Court and the main matter is still pending before the court.

The court, however, said it would deal with all the issues and fixed the matter for consideration after two weeks. Commissioners of BBMP and BDA, who were personally present, were told to appear before the court again on the next date of hearing.

The state government had earlier contended if the TDR certificate is to be issued as per TDR rules for the said extent of 15 acres 39 guntas, it would result in 13,91,742 sq feet additional built up area constructable in the city of Bengaluru and approximately it would be equivalent to notional value of Rs 1,396 crores after deducting 60% of the guidance value.

On January 29, 2025, the Karnataka government notified the Bangalore Palace (Utilization and Regulation of Land) Ordinance 2025, reserving the right to not acquire portions of the disputed Palace land located in the heart of the Bengaluru city, after the apex court's order of December 10, 2024 on issuance of TDR.

The Karnataka government also filed a separate application urging the Supreme Court to take up 1997 civil appeal challenging constitutional validity of the Bangalore Palace (Acquisition and Transfer) Act, 1996.