Transferable Development Rights in Bangalore: The Palace Case and Questions for Flat Buyers

Giving up land for a public project can earn an owner extra building rights rather than money, and those rights are called TDR (Transferable Development Rights). A court fight over the Bangalore Palace Grounds, with certificates worth more than Rs. 3,000 Crore in the balance, has made the idea newsworthy. The sections below explain how TDR functions in Bangalore, what happened in court and why flat buyers should care.
How the System Works
Say the state requires private land to build a road, drain or park. Instead of cash it can hand the owner development rights on paper, a DRC, which records a quantity of built-up area. The holder may apply that quantity to a different plot or sell it, and the legal base in Karnataka is its 1961 planning law for town and country.
Developers who buy DRCs add the built-up area to their projects, within zoning limits. TDR is allowed only in some localities, and plots generally need to face a road above a minimum width. A taller or larger building results than the plot's basic floor area ratio (FAR) allows.
The Palace Grounds Dispute
It began with a 1996 statute under which the state tried to take control of the palace grounds. The former Mysore royal family contested the statute through its heirs, and their appeal has waited before the apex court since 1997. One offshoot concerns roughly 15 acres plus 39 guntas, needed to widen Jayamahal Road and Ballari Road.
- In December 2024 the highest court gave the state six weeks to supply TDR in exchange for the land taken for road widening
- During early 2025 the state introduced an ordinance and later a bill so that TDR of that value would not have to be issued
- On 22 May 2025 two judges ordered the state to surrender the TDR, which was worth more than Rs. 3,000 Crore
- One week later, on 29 May 2025, a bench of three judges required the registry to hold the certificates and forbade any use or sale
The same three judges will hear the case finally. Until they rule, city buildings cannot take on the palace TDR.
Why This Reaches Flat Buyers
Suppose the certificates were eventually released: developers would find extra buildable area on offer. Additional area might mean additional homes, but not cheaper ones. Prices come from demand and location, so density tends to raise a project's income while the cost per sq ft stays about the same.
Daily living is where the difference shows. After a tower gains floors through TDR, the same pool, clubhouse and open spaces serve more families. Parking, lifts and water supply are strained as well if the plan never anticipated such numbers.
Where TDR Appears
Expensive land beside main roads in the established core is the usual setting, since each extra square foot of built-up area pays well there. Indiranagar and Koramangala are inner localities with that kind of dense redevelopment. In the outskirts, plots are larger and land is cheaper, so builders seldom bother buying more area.
Use of TDR is no defect on its own. The real tests are approval of the added area, disclosure through the RERA registration and enough parking, lifts and amenities for a larger building.
Questions for the Sales Team
Many projects use TDR whether or not the palace case exists. Put these to the developer before booking:
- What share of the sanctioned built-up area, if any, comes from TDR?
- Was TDR already counted when Karnataka RERA registered the project, or is it a later plan?
- What do the plans show for homes, lifts and parking bays?
- How big are the clubhouse and open areas relative to the home count?
- Is the planning authority's sanction for the extra area available in writing?
Under the RERA Act, once homes are sold, approved plans can change only on the written approval of two-thirds or more of the owners. If a tower is later made taller, ask for proof of that consent.
Outlook
The final judgment will decide if, and on what conditions, the palace TDR is issued. If released, it would reach the market gradually and not overnight. Booking plans need no change for the case, but the checklist above applies to any project in a busy locality.
A home already booked is judged against the plan sanctioned on the RERA portal. If the developer later seeks more floors, allottees can invoke the consent rule and complain to Karnataka RERA if it is bypassed.



