Petitioners challenged a BDA order granting development plan sanction to respondent No.3 providing them access via a 9.5 metre road instead of an earlier resolved 18 metre road. The court held the earlier resolution was based on RMP-2031, since dropped, that no statutory violation was shown, and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:45244 WP No. 8405 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 8405 OF 2024 (BDA)
BETWEEN:
BOTH ARE R/AT NO. 130, 4TH CROSS, OPP. VENKATESHWARA TEMPLE, SUNDARANAGARA GOKULA, MATTIKERE, BENGALURU 560 054
Digitally signed by CHAITHANYA K Location: High Court of Karnataka
…PETITIONERS
(BY SRI. R.B. SADASIVAPPA, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. GIRISHA N R., ADVOCATE; SRI. K.G. RAGHAVAN, SENIOR ADVOCATE FOR SRI. CHANDAN, ADVOCATE FOR IMPLEADING APPLICANT)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE IMPUGNED ORDER DATED 05/03/2024 BEARING NO. VIDE ANNEXURE-F AND ISSUED BY THE R1 AND ETC.
THIS PETITION, COMING ON FOR FURTHER HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
05.03.2024, passed by the Bangalore Development Authority (for short, 'the BDA'), wherein sanction for a developmental plan in respect of 25 Acres of land in Survey Nos.1A and 1B of Jakkur Plantation Village,
NC: 2024:KHC:45244 WP No. 8405 of 2024
Yelahanka Hobli, Bengaluru North Taluk has been granted in favour of respondent No.3, the petitioners have
preferred this writ petition with a prayer to set aside the said resolution and the order passed by the BDA.
land in Jakkur Plantation Village. The land of the petitioners is located in between the lands of respondent No.3 and it measures to an extent of 3 Acres. Consequently, the petitioners have access to their land only through the land of respondent No.3 and not otherwise. Respondent No.3 sought to develop his property and approached respondent Nos.1 and 2-BDA, which is the planning Authority for the City of Bengaluru, for sanctioning of the development plan. On the ground that sanctioning of such a plan as requested by respondent No.3 would restrict the access to the property of the petitioners and that the plan proposed by respondent No.3 was not in accordance with law, the petitioners raised a dispute and the matter was also
referred to the Hon'ble Lokayukta and the Hon'ble
Lokayukta has passed the following order on 28.07.2011:
"With these in view, this Report is given under Section 12(1) of the Karnataka Lokayukta Act to the Competent Authority to take further action as follows:
(i) to direct the Commissioner, BDA to withdraw the permission issued in favour of M/s Abhishek Developers to carryout 'Developments' in various pieces of lands in Sy.No.1A of Jakkur Plantation, Yelahanka Hobli.
(ii) to direct the Commissioner, BDA to demolish the compound constructed, in the said area, by the 'Developers', without obtaining permission.
(iii) to direct the Commissioner, BDA to submit and obtain the approval of the Government for the Area Plan for the lands in Sy.No.1A of Jakkur Plantations showing the linkage facilities to the surrounding areas, including the area of the Complaint.
The Competent Authority shall take steps to implement this Report within one month from
NC: 2024:KHC:45244 WP No. 8405 of 2024
the date of receipt of this Report and shall intimate or cause to be intimated the action taken in this regard, as provided under Section 12(2) of the Karnataka Lokayukta Act 1984."
Subsequent to the same, the resolution passed at the request of respondent No.3 was withdrawn and another resolution came to be passed on 18.01.2020, wherein it was resolved that the respondents has to provide for a public road and relinquish the necessary lands in favour of the BDA so that the petitioners could have access to their land and the said road was proposed to be on a width of 18 meters. The said resolution was passed taking into consideration the proposed RMP-2031 (Revised Master Plan).
"9. In the circumstances, we are of the view that the nature of the directions issued by the Lokayukta cannot be treated as a decree and
the same has to be implemented in its true spirit. As per Section 12(1) of the Act, the direction can be issued to carry out and implement the provisions of law to rectify the mistake, if any, committed by the officials of BDA and the Deputy Commissioner. It is also to ensure that the grievance of the fifth respondent is properly considered by the authorities and for taking action against the petitioner in accordance with law by following the procedure contemplated either under the Karnataka Municipal Corporation Act, 1976 or under the Bangalore Development Authority Act, 1976 or under any other statutory provisions which are enforceable in accordance with law."
NC: 2024:KHC:45244 WP No. 8405 of 2024
the Hon'ble Lokayukta and the Hon'ble Lokayukta has made the following observations on 12.02.2024:
"18) After hearing the matter at some length I find that there is no justification for the BDA to kept this matter pending without finding a resolution to the dispute. Therefore, the BDA is directed to consider the matter and take a decision if possible by amicable resolution of the dispute or else strictly in accordance with law. It is made clear that the previous orders passed by this authority do not issue any direction to leave any particular area or earmark any particular area towards the roads. The BDA has to pass orders strictly keeping in mind the requirement of law."
is in violation of the order passed by the Hon'ble
Lokayukta as well as this Court and the Hon'ble Apex Court.
NC: 2024:KHC:45244 WP No. 8405 of 2024
by this Court in W.P.No.5434/2012(GM-KLA) and it has been categorically held that the directions issued by the Hon'ble Lokayukta cannot be treated as a decree and that the Hon'ble Lokayukta can only issue a direction to the BDA to carry out and implement the provisions of law to rectify the mistake, if any, committed by the officials of the BDA. The same has to be considered as affirmed by the Hon'ble Apex Court in the light of the dismissal of SLP
No.28000/2014. As already noted above, the impugned
order / resolution is not in violation of any law. Further, the Lokayukta itself, by its order dated 12.02.2024, has observed that any previous order passed by it does not tantamount to issuing any direction to leave any particular
area or earmark any particular area towards the road. Thus, in short, the orders of the Hon'ble Lokayukta, this Court in W.P.No.5434/2012(GM-KLA), or the order of the Hon'ble Apex Court in SLP No.28000/2014 does not
NC: 2024:KHC:45244 WP No. 8405 of 2024
confirm any right on the petitioners but only direct the BDA to act in accordance with law.
revise the same. As already stated above, the earlier resolution was passed taking into consideration RMP-2031, which has been subsequently dropped. Hence, the earlier resolution has been rescinded and the present resolution has been passed, wherein the property of the petitioners
has been given access to by way of a road having a width of 9.5 meters.
NC: 2024:KHC:45244 WP No. 8405 of 2024
Writ Petition is hereby dismissed .
Sd/(M.I.ARUN) JUDGE
CH
List No.: 1 Sl No.: 70
1 issue framed by the court
Whether the BDA resolution sanctioning the development plan with a 9.5 metre road for access to petitioners' land is in accordance with law.
Colour shows how this judgement treated each authority
Writ Petition No.5434/2012 (GM-KLA)Relied on¶10
W.P.No.5434/2012(GM-KLA)
Special Leave Petition No.28000/2014Relied on¶10
SLP No.28000/2014
4 provisions across 4 enactments
Sri J.V. Venkatesh
Sri J.V. Srinivas
The Commissioner, Bangalore Development Authority (BDA)
Town Planning Member, Bangalore Development Authority (BDA)
M/s Township Promoters, a partnership firm rep. by its partner Mr. P. Ashwin Pai
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
