Supreme Court to hear Karnataka's plea against order to pay Mysuru royal family
The Supreme Court of India on Monday agreed to list for hearing a plea filed by the Karnataka government challenging the grant of Transferable Development Rights (TDR) certificates to the legal heirs of the erstwhile Mysore royal family. The dispute pertains to the acquisition of 15 acres of land at the Bangalore Palace Grounds.TDR certificates are typically issued to compensate landowners who relinquish land for public purposes such as infrastructure projects, allowing them development rights on another parcel of land.advertisementAs reported by PTI, a bench comprising Chief Justice BR Gavai and Justice Augustine George Masih initially questioned senior advocate Kapil Sibal, who appeared for the state government, on how it could seek a review of an order passed by a coordinate bench. On May 22, another bench comprising Justices MM Sundresh and Aravind Kumar had directed the Karnataka government, in a contempt proceeding, to issue TDR certificates worth Rs 3,011 crore to the royal heirs.
In response, Sibal argued that the provision for TDR, introduced through a 2004 amendment to the Karnataka Town and Country Planning Act, could not be applied retrospectively to land that had been acquired under the Bangalore Palace (Acquisition and Transfer) Act of 1996.He contended that the acquisition took place before the legal provision for TDR existed, and that compensation had already been fixed under the 1996 Act. 'This acquisition occurred under a 1996 law, and compensation of Rs 11 crore was fixed. The concept of TDR didn't exist at that time. Section 14B, which permits TDR, was introduced only in 2004, and applies only where landowners voluntarily surrender their land and not where the State acquires it compulsorily,' he said.advertisementThe matter has a long legal history. In 1997, the royal family challenged the validity of the 1996 Act before the Supreme Court, and that petition remains pending. Meanwhile, the state's move to develop a road on a section of the palace grounds led to further litigation, eventually culminating in the contempt petitions.Sibal told the bench that the contempt judgment had overlooked legal objections based on Section 14B. 'You cannot amend a final judgment or introduce new rights via a contempt proceeding,' he said.The bench expressed doubt over whether it could 'sit in appeal' over an order passed by another bench of the same court. However, Sibal clarified that the state was not attempting to overturn the earlier order but was merely seeking consideration of its legal concerns within the context of the ongoing appeal.
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