Is the Karnataka Government Challenging the TDR Grant to the Mysuru Royal Family?

Synopsis
Key Takeaways
- The Karnataka government is contesting TDR grants.
- Legal implications hinge on the 2004 amendment.
- The case is deeply rooted in the history of the Mysuru royal family.
- Public interest in urban planning is at stake.
- This dispute has been unresolved for nearly three decades.
Bengaluru, May 26 (NationPress) The Karnataka government has taken action by submitting a plea to the bench presided over by the Chief Justice of India, disputing the issuance of Transferable Development Rights (TDR) certificates to the Mysuru royal family members concerning the acquisition of 15 acres of the Bangalore Palace Grounds.
The bench, led by Justice M.M. Sundresh and Justice Aravind Kumar, issued a ruling on May 22, mandating the allocation of TDRs valued at Rs 3,000 crores for the 15 acres of Palace Grounds property acquired for the road-widening initiative in Bengaluru.
Senior advocate Kapil Sibal, representing the Karnataka government, urged the bench for an expedited hearing. The Chief Justice of India, B.R. Gavai, consented to address the matter on Tuesday.
Sibal contended that TDRs can only be granted following a legal amendment enacted in 2004, implying it should not apply to circumstances prior to that year.
He added, "This matter pertains to a law enacted by the Karnataka legislature in 1996 regarding the acquisition of Palace Grounds in Bengaluru. Compensation was established at Rs 11 crore and has been the subject of legal challenges, ultimately upheld by the High Court. The Supreme Court has been involved since 1997, with this issue pending for 28 years."
The opposing party argues for compensation. The government asserts that TDR rights cannot be granted, as TDR regulations were established in 2004, while the land acquisition occurred in 1996.
Legal representatives for the royal family claimed that TDRs were already issued last Friday.
The Chief Justice of India inquired whether it is legally appropriate for one judicial bench to reassess or reverse a ruling made by another bench within the same court.
Senior counsel Kapil Sibal clarified he is not seeking a review of the prior ruling, questioning whether legal provisions can be applied retrospectively.
The Karnataka Cabinet, under Chief Minister Siddaramaiah, resolved to manage the land associated with the Bengaluru Palace Grounds, a prime location in Bengaluru, on January 30.
Minister for Law and Parliamentary Affairs H.K. Patil stated that the Supreme Court's directive on December 10, 2024, requiring the government to compensate for 15 acres of the Bengaluru Palace Grounds through Transferable Development Rights (TDR), has rendered the road expansion plan impractical. The obligation to pay substantial compensation contradicts public interest and policy.
Previously, Chief Minister Siddaramaiah emphasized that the government's decision to introduce an ordinance for the acquisition of the valuable Bengaluru Palace Grounds property, owned by the Mysuru royal family, is not motivated by hostility.
In response, Mysuru’s Maharani Pramoda Devi Wadiyar remarked that if they face any injustice regarding the Bengaluru Palace situation, they will seek legal recourse.