Case Note & Summary
The judgment concerns multiple contempt petitions filed by landowners whose land was acquired for widening of Bellary and Jayamahal Roads in Bengaluru. The petitioners alleged wilful disobedience of orders dated 21.11.2014, 17.05.2022, and 19.03.2024 passed by the Supreme Court directing the respondents (BDA, BBMP, and State of Karnataka) to issue Transferable Development Rights (TDR) as per the Karnataka Town and Country Planning Act, 1961 and the TDR Rules, 2016. The petitioners contended that despite the orders, the respondents failed to issue TDR, and instead issued a Government Order on 23.02.2021 expressing financial difficulty, which amounted to wilful disobedience. They also argued that the market value determined for TDR was contrary to the rules. The respondents filed affidavits of compliance stating that after a Cabinet decision on 14.03.2024, a Government Order was issued on 15.03.2024 to utilize 15 acres 39 guntas of land for road widening and to issue TDR. The BBMP issued provisional acceptance orders on 07.06.2024, and BDA approved the issuance of Development Rights Certificates (DRC) on 10.06.2024. Notices were issued to the petitioners to hand over physical possession and collect DRCs, but most petitioners failed to appear. Possession was eventually taken on 01.07.2024. The respondents tendered unconditional apology for the delay. The Court, after considering the submissions and affidavits, found that the respondents had substantially complied with the orders and the delay was not deliberate. The Court accepted the unconditional apology and disposed of the contempt petitions, closing the proceedings.
Headnote
A) Contempt of Court - Wilful Disobedience - Compliance - The petitioners alleged wilful disobedience of orders directing issuance of TDR for land acquired for road widening. The respondents filed affidavits of compliance showing steps taken, including issuance of notices and taking possession of land. The Court found that the respondents had substantially complied with the orders and the delay was not deliberate. Unconditional apology was accepted. (Paras 1-10) B) Karnataka Town and Country Planning Act, 1961 - Transferable Development Rights (TDR) - Issuance of Development Rights Certificate (DRC) - The Court had directed issuance of TDR as per rules. The respondents, after government decisions, issued provisional acceptance orders and DRCs. The Court noted that the petitioners failed to appear to receive the DRCs and hand over possession. (Paras 1-10) C) Contempt of Court - Unconditional Apology - Delay in Compliance - The respondents tendered unconditional apology for the delay in implementing the orders. The Court accepted the apology and closed the contempt proceedings, noting that the delay was not intentional. (Paras 10-11)
Issue of Consideration
Whether the respondents have wilfully disobeyed the orders dated 21.11.2014, 17.05.2022, and 19.03.2024 passed by this Court directing issuance of TDR in favour of the petitioners.
Final Decision
The Supreme Court, after considering the affidavits of compliance and submissions, found that the respondents have substantially complied with the orders. The Court accepted the unconditional apology tendered by the respondents for the delay and disposed of the contempt petitions, closing the proceedings.
Law Points
- Contempt of court
- wilful disobedience
- compliance
- unconditional apology
- TDR rules
- Karnataka Town and Country Planning Act 1961
- Karnataka Town and Country Planning (Benefit of Development Rights) Rules 2016
