Supreme Court to hear Karnataka's plea against direction to handover TDR of Bangalore Palace grounds to royal heirs

The Supreme Court today has agreed to hear Karnataka government's plea challenging the decision of the Supreme Court itself from last week directing it to hand over the Transferable Development Rights (“TDR”) acquired for widening the Ballari and Jayamahal roads to the legal heirs of the erstwhile Mysuru royal family.

Senior Advocate Kapil Sibal, appearing for the state government told a CJI BR Gavai led bench today, "We are the owners of the land...How can the TDR be granted...".

"Can we sit in appeal over a decision made by a coordinate bench?", the CJI asked in return.

In the impugned judgment, Supreme Court had come down on the government authorities saying, "Yet, undaunted, the contemnors seem to be further dragging their feet by manoeuvres and same is deprecated. We say so, for the simple reason that contemnors under the umbrella of the legislation orders of the Court which ought to be implemented in letter and spirit is sought to be stifled or staved off which cannot be countenanced at any rate".

The legal heirs had moved the top court by way of contempt petitions. In February, the court had ordered the State to deposit the TDR certificates while taking a stern view of the government’s changing stands on the issue.

Sibal, appearing for the contemnors had contended that the contempt petitioners were not eligible or entitled to receive the DRC’s/ TDR’s.

Court had then refused to go into the issue that in event of complainants not succeeding in the civil appeals the exchequer (State) would not be in a position to recover the value of DRC’s/ TDR’s from the complainants, as the issue relating to the acquisition of the larger extent of land measuring 472 acres under the enactment i.e., Bangalore Palace (Acquisition and Transfer) Act, 1996. (“BPAT Act”).