Karnataka government paves way for Jayamahal, Ballari road widening; Wadiyars to get TDRs

BENGALURU: The twin bottlenecks leading to Mehkri Circle — along Ballari Road and Jayamahal Road stretches bordering Bangalore Palace Grounds — may ease soon. The government claims to have resolved the Transfer of Development Rights (TDR) issue by deciding to issue Development of Rights (DRC) certificates to legal heirs of the erstwhile Mysuru ruler, Jayachamarajendra Wadiyar.
The decision was taken at a cabinet meeting held on Thursday, though TDR rules mandate they can be issued only in case of litigation-free properties.The ownership issue pertaining to Bangalore Palace is still pending before the Supreme Court. The government has, however, given its nod to the Bruhat Bengaluru Mahanagara Palike (BBMP) to go ahead with the land acquisition process.

The government, however, claimed it is only following SC directions. “This is without prejudice to the rights of the parties and will be done with adequate safeguards,” said BH Anil Kumar, additional chief secretary, urban development department.
Maintaining that the department will issue a government order on Monday, he said BBMP will be asked to acquire land required for widening the two roads through issuance of TDRs as per SC’s interim orders.
“Right now the priority is to widen the roads in public interest. TDRs will be given to legal heirs without prejudice to their rights. The heirs can utilise the certificates but later on if the case is in our (government) favour, we can recover them. If they (legal heirs) fail to give DRCs back to the government, we will seek Supreme Court directions to dispose of their available assets to recover the dues,” another official reasoned.
A decade old, the project to widen the Ballari Road and Jayamahal Road stretches was being delayed due to ownership of the palace property. The legal heirs of the Maharaja acceded to a BBMP proposal to issue TDRs for the land required, but the government didn’t approve of it and offered to pay compensation for the acquisition as per the relevant rates. This was later challenged in court.
Officials in the urban development department claimed the apex court had, on November 21, 2014, without prejudice to the rights and contentions of the parties, granted permission to widen the said roads subject to the condition that the applicants before SC and in connected appeals should be given TDRs for widening the roads as per the rules. Later, when the issue was raised in another writ petition in the high court on September 7, 2016, then additional advocate general had said although the order was passed two years ago, TDRs couldn’t be issued as the government was contemplating revising the rules and zoning areas.
Documents accessed by TOI show on June 26, 2006, then chief minister held a meeting with heads of various departments and instructed that 45 roads,including Ballari Road, be widened in two phases.