On Thursday, the Supreme Court directed the Karnataka government to implement its previous order regarding the issuance of transferable development rights (TDR) to the legal heir of Srikantadatta Narasimharaja Wadiyar for the land of Bangalore Palace. This land is sought for the widening of Bellary and Jayamahal Roads, and the court emphasized that its order was non-negotiable.
The bench, consisting of Justices M M Sundresh and Aravind Kumar, strongly reminded the Karnataka government that failure to comply with the ruling could result in serious consequences for the officers involved. Senior advocate Kapil Sibal, representing the state, argued that the government had promulgated an Ordinance to halt the acquisition process and thus could not act on the order. Sibal maintained that the acquisition had been abandoned and that the legal framework (Ordinance) needed to be respected until it was challenged or struck down.
However, the court noted that the issuance of the Ordinance after a six-week window, given by the apex court to implement its order, was a direct defiance of its mandate. Senior advocates A K Ganguli, Madhavi Divan, and Gopal Sankaranarayanan, representing the applicants, contended that the state was undermining the court’s decision by introducing the Ordinance.
The Karnataka government previously argued that issuing the TDR for the 15 acres 39 guntas of Bangalore Palace land would result in an additional 13,91,742 sq feet of constructed area, valued at Rs 1,396 crores. Despite this, the Supreme Court reiterated the importance of adhering to its order, and the matter has been scheduled for further consideration in two weeks.
The case also includes a pending civil appeal by the state government challenging the constitutional validity of the Bangalore Palace (Acquisition and Transfer) Act, 1996. Commissioners from BBMP and BDA were instructed to appear before the court again during the next hearing.
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