SRI SRIKANTA D N WADIYAR (D) BY LR. Vs STATE OF KARNATAKA
Bench: VIKRAMAJIT SEN,PRAFULLA C. PANT
Case number: C.A. No.-003303-003303 / 1997
Diary number: 6564 / 1997
Advocates: VIKAS MEHTA Vs
V. N. RAGHUPATHY
Page 1
1
NON REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
INTERLOCUTORY APPLICATION NO. 13 OF 2011
IN
CIVIL APPEAL NO. 3303 OF 1997
Sri Srikanta D.N. Wadiyar (D) Through LRs … Appellant
Versus
State of Karnataka and others … Respondents
O R D E R
By means of this Interlocutory Application the first
respondent – State of Karnataka has prayed as under: -
“[i] Permit the State of Karnataka to widen the road in the adjoining areas of the Palace Ground, Ramana Maharshi Road [Bellary Road] and Jayamahal Road as per sketch;
Page 2
2
[ii] grant permission to complete the proposed work of widening the roads, utilizing total area of 15 Acres 39 guntas of the Bangalore Palace Ground, in the interest of justice and equity; and
[iii] To pay compensation to the above land as per the calculation in the original award, which is agreed upon by this Hon’ble Court on an earlier occasion i.e., while disposing I.A. No. 2 on 15.02.1999 or any other compensation package that this Hon’ble Court may suggest.”
2. Heard learned counsel for the parties including the
parties in connected civil appeal Nos. 3309-3310 of 1997,
3305 of 1997, 3306 of 1997, 3308 of 1997, 3307 of 1997
and 3351 of 1997.
3. Brief facts of the case are that the Bangalore Palace
(Acquisition and Transfer) Act, 1996 (for short “the Act”) was
passed by Karnataka Legislature to acquire Bangalore
Palace, which compendiously means, main palace building
and other buildings with the surroundings open space and
the compound wall all around. Constitutionality of said Act
was challenged in Writ Petition Nos. 3383 of 1997, 32175 of
1996, 33146 of 1996, 33147 of 1996, 33148 of 1996, C/w
Nos. 32175 of 1996, 33649 of 1996, 33785 of 1996 and
33786 of 1996 by the appellants who are legal heirs of late
Page 3
3
Maharaja of Mysore and some other persons who claimed
interest in the Bangalore Palace and the land appurtenant
thereto spread over in more than 400 acres of land. Said
writ petitions were dismissed vide judgment and order dated
31.3.1997 passed by the High Court of Karnataka upholding
the validity of the Act. From the perusal of record (including
the order dated 15.7.2003 passed in these appeals), it
appears that the issue relating to validity of the Act in the
aforementioned appeals is referred for consideration to nine-
Judge Bench.
4. By interim order dated 30.4.1997, this Court directed
the parties to maintain status quo pending disposal of
special leave petition. Also, vide another interim order dated
24.11.2000 passed on I.A. No. 11 of 2000 in Civil Appeal No.
3303 of 1997, in terms of proposals made in paragraphs 3
and 4 in the reply of said application, and acceptance
expressed by the Advocate General, the respondent-State
appears to have been allowed to utilize the palace land for
road widening and construction of underpass near Mekhri
Page 4
4
Circle, Bangalore, i.e., land adjacent to the roads between
New Airport constructed at Devanhalli (Bangalore
International Airport) and Bangalore Palace. From order
dated 24.11.2000 passed in I.A. No. 11 of 2000 it further
reveals that the learned Advocate General of the State
submitted before this Court that for calculation of
compensation, the formula laid down in the order passed on
15.2.1999 in I.A. No. 2 in Civil Appeal No. 3303 of 1997 shall
be followed.
5. It is submitted on behalf of the respondent-State that
road widening is necessary for easing the traffic congestion
and frequent traffic jams. It is further stated by the
respondent-State in the present I.A. No. 13 of 2011 that
Bruhat Bangalore Mahanagara Palike (BBMP) has mooted
proposal to widen Ramana Maharshi Road (Bellary Road –
New Airport Road) and Jayamahal Road adjacent to
Bangalore Palace, as these roads are directly linked with the
New Airport. According to the proposal of the plan prepared
by BBMP a total land of 15 acres 39 guntas is needed for the
Page 5
5
project. Commissioner, BBMP, through his letter dated
20.11.2009, made necessary request to the Principal
Secretary to Government, DPAR of the State, in reply to
which said authority vide its letter dated 10.12.2009, agreed
for the proposed project of widening the road in and around
palace ground, and a permission for the purposes of
acquisition of land was communicated vide communication
dated 25.1.2001 (Annexure R-3 to the present application).
6. Regarding details of the land measuring 15 acres 39
guntas paragraph 5 of the present I.A. No. 13 of 2011 is
reproduced below: -
“5. It is submitted that the Commissioner of B.B.M.P. has written one more letter dated 0505.2010 to the Additional Chief Secretary and Principal Secretary, Urban Development Department, Bangalore, bringing to his notice the Project for Road widening and copy of the said letter dated 05.05.2010 is herewith produced and marked as ANNEXURE-R4. The statement showing the area of land of Bangalore Palace Ground required for widening the Bellary Road from B.D.A. junction to Mekhri Circle [2.55 Kms. To 4.05 Kms. = 1.5 Km.] is as under:
Page 6
6
Sl. Name of the From Chanage Length Average Area
No. Owner [in Km.] in Mtr. Width in in sq.
To Mtr.
1 2 3 4 5 6 7
1. Sri Srikantadatta 2.55 3.227 667.00 18.38 12446.00
N. Wadiyar
2. Miss Minakshi 3.2273+385.50 158.50 23.40 3710.00
Devi
3. Miss Kamakshi 3+384.5 3.545 158.50 17.75 2813.50
Devi
4. Miss Vishalakshi 3.5443+702.50 158.50 18.65 2955.50
Devi
5. Sri Sridhar 3+702.50 3+895.50 193.00 17.49 3375.87
Ramachandraraju
Urs
6. Smt. Indirakshi 3+895.50 4.05 154.50 6.18 955.12
Page 7
7
Devi
Total [A] 1500.00 26256.00
[B] Land of Bangalore Palace Ground required for Jayamahal Road Widening from Mekhri Circle to Cantonment Railway Station is as under:
Sl. Name of the From Chanage Length Average Area
No. Owner [in Km.] in Mtr. Width in in sq.
To Mtr.
1 2 3 4 5 6 7
1. Sri Srikantadatta 0+000 1.582 1582.00 17.19 27201.25
N. Wadiyar
2. Miss Indrakshi 0+650 0+700 50.00 3.2 160.00
Devi
3. Sri A. 1.582 2.74 1158.00 9.53 11038.75
Chandrashekar
Raja
M/s. Chamundi
Page 8
8
Hotels Pvt. Ltd.
Total [B] 2790.00 -- 38400.00
Grand Total : [A+B] = 64.656.00 Sqm. [15A – 39G]
A copy of the sketch showing the widening of the road is herewith produced and marked as ANNEXURE-R5.”
7. Learned counsel for the respondent-State argued that
existing roads in and around Bangalore Palace are very
congested leading to frequent traffic jams and traffic
disorders. As such the widening of the road has become
essential. It is further contended that widening of the road is
in the public interest to avoid traffic jams. It is also informed
that BBMP had already widened Bellary Road from
Rajbhawan to Devanhalli, except the stretch near the
Bangalore Palace ground.
8. Learned counsel for the appellants in the present case
and learned counsel for the appellants in the connected
Page 9
9
appeals, except the appellant in Civil Appeal No. 3309 of
1997, in response to above arguments, submitted that they
are ready to surrender the required land as above provided
Transfer Development Right (TDR) is given to them under
the TDR Rules. Some of the appellants said to have already
received usual compensation also.
9. Learned counsel for the non-applicants (appellants in
various appeals) have stated that, in the public interest, as
expressed in the need to widen the existing roads, they
would be willing to accept the proposal of the Bruhat
Bangalore Mahanagara Palike in its letter dated 26.12.2009
in which the penultimate paragraph reads as follows: -
“As per your request Bruhat Bangalore Mahanagara Palika will be issuing TDR for the extent of land acquired as per Karnataka Town & Country Planning Act, and the TDR guidelines subject to the final decision of the Hon’ble Supreme Court.”
The State, however, did not grant its approval to this
proposal and has instead offered to pay compensation for
Page 10
10
the acquisition as per the rates relevant at the time of the
passing of the Act. The impasse is, therefore, to be crossed.
10. In the above circumstances, having considered the
submissions of learned counsel for the parties, including
learned counsel for the parties in all the connected appeals,
without prejudice to the rights of the parties, and keeping in
mind the necessity of widening of the road, and the public
interest, we think it just and proper to allow I.A. No. 13 of
2011 subject to condition that the appellants in the present
appeal and the connected appeals shall be given TDR for
widening of the road as per TDR Rules.
………………………………J. [Vikramajit Sen]
………………………………J. [Prafulla C. Pant]
New Delhi; November 21, 2014.