SC castigates Karnataka govt for dragging feet on issuing TDR for acquired land of Bengaluru Palace ground

New Delhi: The Supreme Court on Tuesday directed the Karnataka government and BBMP to issue transferable development rights as per the Karnataka Stamp Act to the legal heir of Srikantadatta Narasimharaja Wadiyar for the land of Bengaluru Palace ground, sought to be acquired for widening of Bellary and Jayamahal roads.

Dealing with a batch of contempt petitions, a bench of Justices M M Sundresh and Aravind Kumar castigated the State and its authorities for having intentionally dragged its feet for long number of years and having attempted to tap all the mirage remedies to stave off the orders passed by this court in the past.

The bench said the state authorities sought to utilise the subject land for road widening and sought to issue the TDR on an estimate value which is not accepted by this court.

.Inordinate delay in death penalty case to result in sentence commutation: Supreme Court. "Still an opportunity to issue TDR’s as per market value as envisaged under Karnataka Stamp Act, 1957 ought to be extended to the respondents/contemnors," the bench said, giving six weeks time for the purpose.

The court directed each of the contemnors shall be paid a sum of Rs 1 lakh each towards the cost of these proceedings on account of the faux pas situation that has been created by the respondent authorities.

The state authorities on their part pleaded financial hardships.

The bench, however, said, "The state government cannot now retrace its steps in this regard and determine the value of the subject property at its whims or fancies or on any imaginary value for the purposes of issuance of TDR."

The state government pleaded that if the compensation was required to be paid in terms of the award passed under the Act of 1996, then for the extent of 15 acres and 39 guntas the compensation payable would be Rs 37,28,813.

However, if the TDR certificate is to be issued as per TDR rules for the said extent of 15 acres 39 guntas, it would result in 13,91,742 sq feet additional built up area constructable in the city of Bengaluru and approximately it would be equivalent to notional value of Rs 1,396 crores after deducting 60% of the guidance value.

The court, however, said when value of adjacent and abutting land is fixed at Rs 2,83,500 per sq meter and Rs 2,04,000 per sq meter respectively under the Karnataka Stamp Act, 1957, the value of subject land cannot be diminished below the said value.

The bench pointed out the state government itself has considered the market value as per guidance value at Rs 2,70,000 per sq meter fixed under Karnataka Stamp Act, 1957 but has adopted 0.4 times of the said value to calculate the TDR for the reason that the Bangalore Palace falls within agricultural zone which cannot be market value under TDR Rules.

"No material whatsoever has been placed by the State to depict that the subject land is to be construed as falling within agricultural zone. In fact, the subject property was utilised as a private residence of the then Maharaja of Mysore since long number of years and it is situated in the heart of city of Bangalore. There cannot be any cavil to the fact that TDR is required to be issued as per TDR Rules," the bench said.

The bench said the State and its authorities have no doubt dragged their feet in implementing the orders of the court.

However, the court added there seems to be thin line of doubt which has arisen in the mind of State and its authorities as regards the valuation and in this direction if steps have been taken to protect the interest of the revenue and several meetings have been held and these aspects are placed before the State Cabinet and a decision has been taken by the State cabinet, it cannot be construed or held that State is not willing to implement the order and particularly in the background of several orders having been passed though not in consonance with the orders of November 21, 2014 and May 17, 2022.

"Hence, we deem it proper to extend one final opportunity to report compliance within a time frame," the bench said, scheduling the matter for examining compliance on January 22, 2025.

SC castigates Karnataka govt for dragging feet on issuing TDR for acquired land of Bengaluru Palace ground

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