The government says that the entire 472 acres acquired in 11 11 crore; HC allows to move the apex court on this issue
The Karnataka High Court on Wednesday allowed the state government to amend the order from the apex court on the use of the Bengaluru Palace property for widening of the streets of Ballary and Jayamahal as the government said a “thunder” offering transferable development rights As a result of the 1996 Act, TDR of Rs. 39 13,396 crore for the occupants of the palace property as a total compensation of 11 crores for the entire 472 acres of palatial property.
The aim was to widen the road
Chief Justice Abhay Srinivas Oka and Justice S. The division bench of Vishwajit Shetty passed the order after presenting full details of the government’s 2014 order being placed before the apex court for amendment, saying that there is no dispute that this stretch of roads has to be widened.
The TDR will be valued at ₹ 13,396 crore for the 15 acres of 39 ganta (64,653 sq m) used for road widening, while as per the fixed 11 crore compensation for the entire palace property, Bangalore has 472 acres. The Palace (Acquisition) Act, 1996, the Government conveyed to the High Court.
The Karnataka government stated that in 2009 TDR was offered on the basis of wrong action of the then commissioner of the Bruhat Bangalore Mahanagara Palika (BBMP).
The then commissioner directly contacted the occupants of the Palace property offering TDR in exchange for the use of 64,653 square meters of land, as a result of which the government sought permission from the apex court in 2014 to offer TDR, the government said on 23 February, 2021 Has pointed out the decision of the apex court to modify the 2014 order.
Interestingly, the government has stated that on the first two occasions, 13,000 meters and 8,510 square meters of palatial property were used for road widening at Vasantnagar and Mekhari underpasses during 1999 and 2000 respectively. And after taking permission from the apex court, compensation was paid by calculating the price per acre on the basis of Rs 11 crore prescribed for the entire land in the 1996 Act.
It was a “misunderstanding” by the then commissioner to offer the TDR when the apex court first allowed compensation in the context of the 1996 Act, explaining that the government should use 64,653 sq.m. Only ₹ 37 lakh is required to be paid for. Compensation Scheme of 1996 Act.
property ownership
The government also said that the TDR can only be issued to the owners of the property and after the acquisition of the High Court 1997, the ownership of the palace property vests with the government can be retained and the apex court only upholds the Act. Without further order to maintain the status quo.
The government also said that it would not be possible to recover TDR certificates worth ₹ 13,396 if the apex court finally enacted the 1996 Act, as the certificates could be immediately sold to real estate developers by occupants of Palace properties. .
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