New Delhi, 26 May

The Supreme Court agreed to list for hearing on Tuesday a plea of the State government challenging grant of Transferable Development Rights (TDR) certificates to the legal heirs of the erstwhile Mysore royal family in connection with the acquisition of 15 acres of City Palace Grounds.

Initially, a bench comprising Chief Justice BR Gavai and Justice Augustine George Masih asked senior advocate Kapil Sibal, appearing for the State government, as to how it can review the order passed by another bench.

The bench questioned whether the current bench could “sit in appeal” over the order passed by a coordinate bench.

Sibal clarified that the State government was not seeking to overturn the earlier order, but only to ensure that its legal concerns are properly addressed within the framework of the pending appeal.

On 22 May, another bench comprising Justices MM Sundresh and Aravind Kumar had directed the State government to issue TDR certificates worth Rs 3,011 crore to the royal heirs in a contempt proceeding.

However, the senior lawyer said the TDR provision, introduced through a 2004 amendment to the Karnataka Town and Country Planning Act, cannot be applied retrospectively to land acquired in 1996 under the Bangalore Palace (Acquisition and Transfer) Act.

He said the 15 acres were acquired before the TDR provision existed, and that any compensation was already settled under the original Act.

The dispute dates back to 1997, when the royal family challenged the validity of the 1996 Act before the apex court.