SC to hear Karnataka's plea against direction to issue TDR to royal family heirs
New Delhi (PTI): The Supreme Court agreed to list for hearing on Tuesday a plea of the Karnataka 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 Bangalore Palace Grounds.
Initially, a bench comprising Chief Justice B R 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.
On May 22, another bench comprising Justices MM Sundresh and Aravind Kumar had directed the Karnataka 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.
“This acquisition occurred under a 1996 law, and compensation of Rs 11 crore was fixed. The concept of TDR didn’t exist at that time. Section 14B, which permits TDR, was introduced only in 2004, and applies only where landowners voluntarily surrender their land and not where the State acquires it compulsorily,” he said.
The dispute dates back to 1997, when the royal family challenged the validity of the 1996 Act before the top court and the plea is still pending.
Meanwhile, the state government sought to develop a road on a portion of the palace grounds, which triggered a series of litigations and ultimately led to the contempt petitions.
The senior lawyer raised concerns about the contempt judgment, arguing that the bench failed to address his legal objections under Section 14B.
“You cannot amend a final judgment or introduce new rights via a contempt proceeding,” he said.
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.
TDR certificates are a mechanism used in land acquisition to compensate landowners when their property is taken for public projects like road widening or infrastructure development.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Kejriwal resorting to 'vendetta politics', says BJP after MP Sandeep Pathak booked
New Delhi (PTI): The BJP on Saturday accused Aam Aadmi Party's national convenor Arvind Kejriwal of vendetta politics after Punjab Police booked Rajya Sabha MP Sandeep Pathak, who recently defected to the BJP.
In an X post, BJP national spokesperson Shehzad Poonawalla claimed that Kejriwal is misusing the Punjab Police to settle political scores, and Chief Minister Bhagwant Mann has become a party to it.
"Two FIRs have been filed against Sandeep Pathak, who until recently was in the Aam Aadmi Party (AAP) as a Rajya Sabha MP and general secretary (organisation). What is baffling is the shameless, brazen vendetta politics being pursued by Arvind Kejriwal, with Bhagwant Mann complicit in it," Poonawalla said.
ALSO READ: BJP, TMC hail SC directions on counting of votes for West Bengal polls
"It is clear this has been done out of vendetta politics by Kejriwal, who is extremely vengeful and vindictive, and misuses the Punjab Police to pursue such political vendetta," he alleged.
Questioning the timing of the FIRs, Poonawalla said, "If these cases existed from the beginning, why were FIRs not filed earlier? If he was corrupt, why was he kept in the party for so long, especially when he was the general secretary (organisation)? Has any new material surfaced in the last few days, or has the alleged corruption occurred only now?"
He alleged that Kejriwal has an "old habit" of targeting political opponents and dissenters.
"We have seen how he has used the police against rivals, including Congress leaders. This is his old habit," Poonawalla said, referring to the withdrawal of Rajya Sabha MP Harbhajan Singh's security.
Poonawalla claimed that several leaders who had left AAP over the years, including Yogendra Yadav, Mayank Gandhi, Ashish Khetan, Ashutosh and Alka Lamba, were "hounded".
He accused the party of failing to introspect.
"Instead of introspecting on how they have changed -- from Anna to Lalu, from Lokpal to corruption -- they are indulging in vendetta politics, trying to victimise people using the strong arm of the law. This reflects an Emergency-like mindset and a dictatorial, Hitlerian mindset," he said.
According to sources, two FIRs have been lodged against Pathak under non-bailable sections.
No further details about the FIRs have been disclosed yet.
On April 24, the AAP suffered a jolt when seven of its 10 Rajya Sabha MPs quit, alleging that Arvind Kejriwal's party has strayed from its principles, values and core morals.
Of the seven MPs -- who were Pathak, Raghav Chadha, Ashok Mittal, Harbhajan Singh, Rajendra Gupta, Vikramjit Sahney and Swati Maliwal -- six were from Punjab.
Later, Rajya Sabha Chairman C P Radhakrishnan officially accepted their merger with the BJP, reducing AAP's strength in the Upper House to three.
