JUDGEMENT
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(1.)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;
[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 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.
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 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.
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