New Delhi: Just days after the Supreme Court directed the Karnataka Government to issue Transferable Development Rights (TDR) certificates to the legal heirs of the erstwhile Mysore Royal Family for the acquisition of 15 acres of the Bangalore Palace Grounds, the State has filed an application this morning, challenging the directive.

The May 22 order to release the TDR certificates was issued by a bench comprising Justices M.M. Sundresh and Aravind Kumar in a batch of contempt petitions. However, the State has now sought relief in a connected appeal that has been pending since 1997.

Senior Advocate Kapil Sibal, appearing for the State, mentioned the application before Chief Justice of India B.R. Gavai, seeking urgent listing. While agreeing to list the matter tomorrow, May 27, the CJI raised a preliminary question — whether one bench can effectively sit in appeal over an order passed by another coordinate bench.

The dispute stems from the Bangalore Palace (Acquisition and Transfer) Act passed by the State Government in 1996 to acquire the palace grounds. The Act was upheld by the High Court, following which the royal family heirs filed an appeal in 1997, which remains pending before SC.

Sibal argued that TDR provision was introduced only in 2004 through an amendment and, therefore, cannot be applied retrospectively. The SC bench had recently directed the issuance of TDRs worth Rs. 3,000 crore for the 15-acre acquisition linked to a road-widening project.

A lawyer representing Mysore Royal Family’s side contended that the application was infructuous since TDR certificates had already been issued. CJI responded that this aspect would be examined at tomorrow’s hearing.