SC rejects Karnataka govt's plea on land of Bangalore Palace ground

The Supreme Court on Tuesday rejected a plea by the Karnataka government for modification of November 21, 2014 directions by the top court to give transferable development rights to the legal heir of Srikantadatta Narasimharaja Wadiyar for 15 acres and 39 guntas of Bangalore Palace ground, sought to be acquired for the widening of Bellary road.

A bench of Justices K M Joseph and Hrishikesh Roy dismissed the application filed by the state government, after hearing Advocate General Prabhuling Navadgi on behalf of Karnataka government and senior advocates C A Sundaram and V Krishnamurthy and advocate T Harish Kumar for Chaduranga Kanthraj Urs, owner of the property.

The court clarified that the state government has to comply with the previous order.

It also agreed to consider a contempt petition filed by Kanthraj against the state government's officers for non-compliance with the 2014 order, after three months.

The transferable development rights entail the issuance of a certificate by the authorities to the owners by which the recipient, that is the owner could sell the certificate in open market allowing the intending purchaser to build the additional floor in the proposed building.

The recipient would receive money by selling the TDR certificate.

The state government claimed it had enacted the Bangalore Palace (Acquisition and Transfer) Act, 1996, which provided for compensation of Rs 11 crore for the total area of 472.16 acres of land which was to be acquired under the said Act of 1996.

In its plea, the state claimed if the area of land sought to be acquired is an extent of 15 acres 39 guntas, the compensation was required to be paid in terms of the award passed under the 1996 law would come to be Rs 37,28,813. However, if the TDR certificate is to be issued for the said extent of 15 acres 39 guntas, it would result in 13,91,742 sq feet additional built up area constructible in the city of Bengaluru and approximately it would be equivalent to notional value of Rs 1,396 crores.

It also claimed the TDR once granted is transferable and this could be transferred to any other parties or builders and it would not be possible to recover its value from the appellants.

The state government also contended as per TDR Rules, that this can only be given to the owner of the land. Since government is the owner of the said land, it is not possible to give TDR to the appellants.