To move apex court to seek modification of 2014 order after discussion in Cabinet meeting
The State government on Wednesday told the Karnataka High Court thats the then authorities had “mislead the government” on grant of Transfer of Developmental Rights (TDR) certificates to eligible persons to take over lands of the Bangalore Palace Grounds for widening Ballari and Jayamahal roads.
The court was also informed that the matter would be discussed in the State Cabinet meeting on February 18 as there is a need to move the Supreme Court to seek modification of the November 21, 2014, order of the apex court, which had allowed the government to make an offer of TDR to eligible persons occupying these lands for utilising portions of lands for road widening during pendency of litigations before the apex court.
The Advocate-General made these submissions before a Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Sachin Shankar Magadum in response to court’s earlier direction of setting Feb 15 as deadline for giving TDR as per the directions of the Supreme Court and the High Court to take over 64,653 sq m (15 acres 39 guntas) of land of Palace Grounds for road widening.
Pointing out that the TDR certificates can be given only to owners of the lands, A-G Prabuling K. Navadgi told the Bench that those persons who continue to occupy Bangalore Palace Ground lands are not owners as the State government had acquired these lands through the Bangalore Palace (Acquisition and Transfer) Act, 1996, and the High Court had upheld the Act.
As the apex court had only passed an order to maintain status quo and not stayed the High Court’s verdict or the Act on the appeals filed by occupants of the lands, the government continues to be owner of these lands, the A-G contended. The Bench, which was hearing a PIL by Samarpana, a cultural and social service organisation, for widening roads around Palace Grounds, adjourned further hearing till March 10.