Bellary Road Extension: BDA in favour, BBMP reluctant

Bengaluru: The Bruhat Bengaluru MahanagaraPalike (BBMP) is not showing interest to solve the problems faced for the widening of Jayamahal Road and Bellary Road, which is not implemented for a decade now. In the meantime, BDA has requested state government to examine the possibility of issuing TDR to the royal family and other individuals jointly or subject to various conditions.

A meeting was held under the chairmanship of Chief Secretary Vandita Sharma on June 28 to discuss the acquisition of 15.39 acres of palace ground and distribution of TDR for extending Jayamahal Road from Mekhri Circle to Cantonment Railway Station and Bellary Road from BDA Junction to Mekhri Circle.

In the meeting, BBMP, BDA were instructed to prepare the controversial and legal aspects related to the transfer of development right (TDR) issue for the acquisition of the palace grounds and submit it to the government.

The Additional Chief Secretary, Urban Development Department, Rakesh Singh, had written to BDA and BBMP on July 4 and 18, directing them to review the controversial and legal issues related to the issue of TDR and submit a report. Of these, only Bangalore Development Authority (BDA) has submitted a detailed report.

However, BBMP is following an apathetic attitude and has not provided information so far. Thus, Rakesh Singh wrote a letter again on August 1st and requested to submit a report. Due to negligence of BBMP, it is not possible to take a final decision regarding the distribution of TDR compensation for the acquisition of the Bengaluru Palace grounds, which is required for the expansion of roads.

The state government had acquired the land of the palace grounds through the 'Bangalore Palace (Acquisition and Transfer)- Act', 1961. Under this act, a compensation of Rs 11 crore was fixed for Rs 472.16 acres of land.

Questioning this, the royal family filed a writ petition in the High Court. The Court on March 31, 1997 dismissed the writ petition and upheld the validity of the Act. Later, the royal family moved the Supreme Court. The trial court on April 3, 1997 ordered the maintenance of status quo in an interim order.

In 2009, the BBMP planned to widen Jayamahal Road from Mekhri Circle to Cantonment Railway Station and Bellary Road from BDA Junction to Mekhri Circle. Around 15.39 acres of the Palace grounds property was acquired for these works. On December 26, 2009, the then commissioner of BBMP had written to the heirs of Maharaja and said that he would give TDR in lieu of land to be acquired for road widening. This letter was presented by the Maharaja's heirs in the Supreme Court in connection with a civil appeal.

The court in its order dated November 21, 2014 directed that TDR be issued to the heirs as per rules. On May 17, 2022, the Supreme Court rejected the petition filed by the state government seeking a review of the order to issue TDR to the heirs of Srikantadatta Narasimha Raja Wadeyar in connection with the acquisition process of the land of the palace grounds.

Whether to follow the provisions of section 8 of Bangalore Palace (Acquisition and Transfer)- Act 1996 for applying per sq.mtr in TDR certificate or prevailing market rates as per rule 2(g) and rule 4(9) of Karnataka Urban and Rural Planning (Benefit of Development Rights) Rules-2016, BDA has sought clarification from the government.

Documents legally divided between the royal family and other individuals through registered documents are not available. In the meantime, as there is a dispute regarding the ownership of the property, it is questioned whether the letter submitted in Form-12 of the Karnataka Urban and Rural Planning (Benefit of Development Rights) Rules-2016 is legally valid.

As the property division of palace ground is based on unregistered document, based on which document, TDR should be issued to which person? Are there any restrictions on issuing TDR if there are any pending court cases related to income tax etc. related to palace grounds? are the questions raised now.