Latest news with #TDRs
Indian Express
3 days ago
- Business
- Indian Express
In dispute over Bangalore Palace grounds, SC grants relief to Karnataka government from depositing Rs 3,000 crore worth of TDR with former royals
In a short-term relief for the Karnataka government in its long-standing dispute with the former royals of Mysore over the 472-acre Bangalore Palace grounds, the Supreme Court Thursday allowed an application filed by the state government against depositing transferable development rights (TDRs) worth over Rs 3,000 crore with the royals. The Supreme Court (SC) allowed the Karnataka government's plea for keeping the TDRs in the court registry until the settlement of review petitions filed by the state against an SC order of December 10, 2024, in a contempt plea to pay TDR to the royals. The SC has also directed that the original dispute over the Bangalore Palace grounds – located in the heart of Bengaluru – be placed before a three-judge bench for commencement of hearings from August 18. The SC bench comprising Justice Surya Kant, Justice Dipankar Datta, and Justice N K Singh heard the interlocutory application filed by the Karnataka government on Thursday after it was initially referred to the Chief Justice of India (CJI) on May 27 for orders on the administrative side. 'As an interim measure, all the TDRs issued pursuant to the interim/contempt orders passed by this Court, shall be kept in the Registry of this Court during the pendency of the present appeal. If the TDRs have been handed over to the appellants (non-applicants), they are directed not to utilize or sell the TDR/DRCs (Development Rights Certificates) till further orders,' the SC bench ruled Thursday. 'It is made clear that no third-party interest or personal benefits shall be created/drawn out of TDRs/DRCs released by the Registry of this Court,' the SC said. The SC further said that all the civil appeals filed by the former royals in 1997 against the acquisition of the palace land by the Karnataka government in 1996 must be placed before a three-judge bench for final hearings on the dispute to start in August this year. The top court also said that the hearing of review petitions of the state government against the December 10, 2024, order of the SC to deposit TDRs – for portions of the Bangalore Palace land sought to be acquired by the state for road development – should commence from the week of July 21. The interim directions 'are subject to the outcome of the Review Petitions. However, if the Review Petitions are declined, in that event, the interim direction shall remain in force for a period of four weeks from the date of passing of such order and/or the matter is heard by a three-Judge Bench, whichever is later,' the court said. The apex court added that orders issued earlier on 21.11.2014, 17.05.2023, 19.03.2024, and 22.05.2025 to the state to pay the TDR to the royals 'shall be kept in abeyance' in order to avoid complications. The Karnataka government moved the new interlocutory application in the original Bangalore palace civil dispute cases of 1997 after a bench of the SC on May 22 rejected the state government's plea not to allow release of TDRs worth over Rs 3,000 crore to the former royals until the main dispute over the Bangalore Palace grounds is settled by the SC. The state was directed by the SC on December 10, 2024, to pay compensation in the form of TDRs at the prevailing market value to the erstwhile royal family as agreed by the state and ordered by the SC in November 2014 for acquisition of a 15.36 acre portion – out of the 472 acres of the disputed Bangalore palace property – for a road widening project. The SC order came in the wake of contempt of court petitions filed by the erstwhile Maharaja of Mysore, the now deceased Srikantadatta Wadiyar, his wife Pramoda Devi Wadiyar, and others, over the delay in the payment of compensation by the state. With the market value of the land sought to be acquired for road work assessed to be in the range of Rs 3,014 crore at present, the Congress government in Karnataka introduced an ordinance on January 29 to withdraw the TDR offer for the Bangalore Palace land. The SC, however, rejected the Karnataka government's effort to counter the compensation payment with the ordinance and indicated on February 13 that the December 10, 2024, order by a three-judge bench in the contempt pleas is not negotiable. The Bangalore Palace grounds spread over 472 acres of land were acquired by the Karnataka government through the passage of the Mysore Palace Transfer and Acquisition Act of 1996, which received the assent of the President and came into force on November 18, 1996. In 1996, the state was to pay Rs 11 crore as compensation for the entire land at the rate of Rs 2.30 lakh per acre. However, the acquisition by the state has remained in limbo since the royal family challenged the validity of the acquisition law in the Supreme Court after the Karnataka HC upheld the law on March 31, 1997. Subsequently, the Karnataka government tried to acquire 15.36 acres of the palace land for widening of the Jayamahal Road and the Palace Road in central Bengaluru – over a stretch of two km – and a TDR compensation provision was provided for the acquisition. The TDR that is to be paid to the royal family for the acquisition of 15.36 acres of land or 13,91,742 sq ft of land at the prevailing guidance value of Rs 2.70 lakh per sq metre would amount to Rs 200 crore for every acre and a total of Rs 3,014 crore, the state has argued. 'Once TDR is paid it cannot be regained. It would affect the state's economy. We have decided not to pay the TDR. Since it is under litigation, there are a lot of complications. The ordinance will empower us to keep control over the land. The appropriate decision on compensation will be taken at the right time,' Karnataka Law Minister H K Patil has stated.
The Hindu
4 days ago
- Business
- The Hindu
Bangalore Palace grounds: Supreme Court suspends use/transfer of TDRs
The Supreme Court on Thursday (May 29, 2025) froze the implementation of its May 22 order directing the State of Karnataka to release Transferable Development Rights (TDR) certificates of over ₹3,000 crore for 15 acres and 17.5 guntas of Bangalore Palace ground, acquired for widening the Ballari and Jayamahal roads, to the legal heirs of the erstwhile Mysuru royal family. A Special Bench of three judges headed by Justice Surya Kant directed that the TDR certificates must continue to remain in the Supreme Court Registry. When informed that the certificates had already been handed over to the claimants, the top court took the precaution of adding that TDRs, if any had been handed over, must not be transferred to third parties or utilised in any manner by the heirs. The court ordered the review petition filed by the State against the May 22 order to be posted for hearing in the week commencing July 21. 'If the review petition is declined, the interim directions shall continue in force for four weeks from the date of passing such order,' the Bench directed. It posted the main appeal in the Bangalore Palace grounds case for hearing on August 18. On May 27, a Division Bench of Justices Kant and Dipankar Datta had referred the application made by the State of Karnataka against the May 22 order to the Chief Justice of India for the formation of a three-judge Bench to examine the issue. Senior advocate Mukul Rohatgi and advocate T. Harish Kumar, for the legal heirs, had called the application of the State a sheer abuse of the law. But Mr. Sibal asked how TDRs worth ₹3,011.66 crore could be released for land measuring just over 15 acres when the main appeals challenging the acquisition of the larger extent of land measuring 472 acres under the Bangalore Palace (Acquisition and Transfer) Act, 1996 were still pending in the Supreme Court. He had queried whether a direction could be passed to the State in parallel contempt proceedings to shell out nearly ₹3,011.66 crore worth of valuable TDRs for the land when the Bangalore Palace (Acquisition and Transfer) Act, 1996 had fixed an amount of Rs. 11 crore as compensation for the entire extent of 472 acres. The senior lawyer had argued that the top court, in its May 22 order, had erred in applying a procedure for payment of compensation under Section 14B of the Karnataka Town and Country Planning Act, 1961. The senior advocate had questioned if a provision introduced into the KTCP Act in 2004 could retrospectively be applied to set aside an acquisition dating back to 1996.
Indian Express
5 days ago
- Politics
- Indian Express
Bangalore Palace grounds dispute: Supreme Court refers Karnataka's plea on Rs 3,000 crore TDR to CJI
A Supreme Court bench on Tuesday referred to Chief Justice of India (CJI) B R Gavai an interlocutory application filed by the Karnataka government against a December 2024 apex court directive to deposit Transferable Development Rights to members of the erstwhile royal family of Mysore in a three-decade-old legal dispute over the Bangalore Palace grounds. The bench comprising Justice Surya Kant and Justice Dipankar Datta said, 'Let IA No. 136367/2025 be put up before Hon'ble the Chief Justice of India on administrative side for appropriate orders.' The Karnataka government moved the new application in the original Bangalore palace civil dispute cases of 1997 after a three-judge bench of the Supreme Court rejected the state government's plea not to allow the release of TDR worth over Rs 3,000 crore to the former royals until the apex court settles the main dispute over the Bangalore Palace grounds. The three-judge bench, in the course of adjudicating contempt petitions filed by the royals against the non-payment of TDR by the Karnataka government, directed the state on December 10, 2024, to deposit TDR for the portions of the Bangalore Palace grounds that were sought to be acquired for road development by the Bruhat Bengaluru Mahanagara Palike (BBMP) in 2014. Earlier this month, the Karnataka government filed an application before the three-judge bench, stating that the TDR deposited by the state in compliance with the orders in the contempt petition must not be released to the former royals until the disposal of the civil appeals pending before the Supreme Court. The state also argued that review petitions had been filed for review of the Supreme Court orders that directed the Karnataka government to make the TDR payments to the former royals. On May 22, Justice Aravind Kumar ruled on behalf of the three-judge bench that the state government's fear of not being able to recover TDR if the civil dispute over the takeover of the Bangalore Palace land by the state is decided in favour of the government was 'not a genuine apprehension'. The Supreme Court ruled on May 22 that the state's apprehensions 'cannot be imported to the orders which have been wilfully disobeyed by contemnors, and conditions if any now imposed, for the issuance of TDRs'. On December 10, 2024, the Supreme Court directed the state to pay compensation in the form of TDR at the prevailing market value to the erstwhile royal family as agreed by the state and ordered by the apex court in November 2014 for the acquisition of a 15.36-acre portion out of the 472 acres of the disputed Bangalore palace property for a road widening project. The Supreme Court order came in response to contempt of court petitions filed by the late Srikantadatta Wadiyar, the erstwhile Maharaja of Mysore, his wife, Pramoda Devi Wadiyar, and others, regarding the delay in the state's payment of compensation. With the market value of the land sought to be acquired for road work assessed to be in the range of Rs 3,014 crore at present, the Congress government in Karnataka introduced an ordinance on January 29 to withdraw the TDR offer for the Bangalore Palace land. 'We are trying to safeguard the interest of the state and the property of the state, and we have already stated in great detail that the cost under discussion of somewhere around Rs 3,000 crore is not acceptable and we have now introduced the ordinance keeping all this in view,' Law Minister H K Patil said in February. The ordinance states that the 'financial effect of the judgement of the Hon'ble Supreme Court will be grave on the exchequer of the state of Karnataka, and upon the urban planning of the city of Bengaluru'. The Supreme Court, however, rejected the Karnataka government's effort to counter the compensation payment and indicated on February 13 that the December 10, 2024, order by a three-judge bench in the contempt pleas was not negotiable. The Bangalore Palace grounds, spanning 472 acres of land, were acquired by the Karnataka government through the passage of the Mysore Palace Transfer and Acquisition Act of 1996, which received the President's assent and came into force on November 18, 1996. In 1996, the state was to pay Rs 11 crore as compensation for the entire land at the rate of Rs 2.30 lakh per acre. However, the acquisition by the state has remained in limbo since the royal family challenged the validity of the acquisition law in the Supreme Court after the Karnataka High Court upheld the law on March 31, 1997. Subsequently, the Karnataka government attempted to acquire 15.36 acres of the palace land for the widening of Jayamahal Road and Palace Road in central Bengaluru, spanning a 2-km stretch, and a TDR compensation provision was provided for the acquisition. The TDR to be paid to the royal family for the acquisition of 15.36 acres of land, equivalent to 13,91,742 sq ft, at the prevailing guidance value of Rs 2.70 lakh per sq metre, will amount to Rs 200 crore per acre, totalling Rs 3,014 crore, the state has argued. 'Once TDR is paid, it cannot be regained. It would affect the state's economy. We have decided not to pay the TDR. Since it is under litigation, there are a lot of complications. The ordinance will empower us to keep control over the land. The appropriate decision on compensation will be taken at the right time,' Patil stated.
Time of India
6 days ago
- Politics
- Time of India
Chief Justice of India to decide fresh application in Bangalore Palace Grounds case
Bengaluru: The Supreme Court Tuesday directed that a fresh application filed by Karnataka govt in the Bengaluru Palace Grounds case be placed before the chief justice of India on the administrative side for appropriate orders regarding posting of the matter. Karnataka govt filed the application in the pending civil appeal, seeking a stay against the May 22 order for release of transferable development rights (TDR) certificates worth over Rs 3,400 crore to the legal heirs of Srikantadatta Narasimharaja Wadiyar and others. This is in lieu of 15 acres of Bangalore Palace Grounds acquired for widening Ballari and Jayamahal roads. The state govt informed the apex court that it filed a separate review petition against the May 22 order and sought to refer the matter to a larger bench. The state govt contended that a bench sitting in a contempt jurisdiction cannot pass such an order, pointing out that it succeeded before a division bench of Karnataka high court while seeking a stay on use of TDRs. On the other hand, counsel for the erstwhile Mysuru royal family members submitted that the application is nothing but an abuse of the process of law and pointed out that a bench of Justices MM Sundresh and Aravind Kumar had already rejected these contentions. However, a bench of Justices Surya Kant and Dipankar Datta said the application should be filed before the CJI on the administrative side for appropriate orders.
Hans India
26-05-2025
- Politics
- Hans India
Bangalore palace acquisition: K'taka govt moves to CJI bench over direction to release TDR to Mysuru royal family
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.
