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Sri Srikanta D.N. Wadiyar through legal representatives v. State of Karnataka and others

Interlocutory Application · Neutral citation not assigned (Interlocutory Application No. 13 of 2011 in Civil Appeal No. 3303 of 1997 and connected appeals)Decided 21 Nov 2014
Interlocutory Application No. 13 of 2011 in Civil Appeal No. 3303 of 1997 and connected appeals
Justice Vikramajit Sen · Justice Prafulla C. Pant

Background

This is an interim order, not a final judgment. A constitutional challenge to legislation acquiring Bangalore Palace and its grounds remained pending under an interim status quo order. Karnataka sought permission to use 15 acres and 39 guntas for widening roads adjoining the grounds to ease congestion. The parties disagreed whether compensation should follow old acquisition rates or include transferable development rights.

Decision Breakdown

This is an interim order, not a final judgment. The Court allowed the State's application, subject to granting transferable development rights under the applicable rules to the appellants in this and the connected appeals. It accepted the need for road widening and the public interest in addressing congestion. The permission was expressly without prejudice to the parties' rights in the pending proceedings. It therefore enabled the identified road project while preserving the unresolved acquisition dispute. The order did not decide the constitutional validity of the Palace acquisition legislation or finally determine ownership.

Lesson Learnt

An interim order can allow an urgent public project while preserving a pending property challenge and attaching a benefit for those affected. Here permission to widen the roads depended on transferable development rights under the rules, without deciding the larger acquisition dispute.

Official source (sci.gov.in)View Judgment (PDF)

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