- 1 - NC: 2025:KHC:17876-DB WP No. 1741 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 1741 OF 2025 (GM-RES) BETWEEN: 1. MR. SHARANAPPAGOUDA, AGED ABOUT 55 YEARS, S/O. BASANAGOUDA TANAKANAKAL, R/O. 2ND WARD, NEAR MALLESHWARA TEMPLE, BEVOOR, KOPPAL-583237. PH 9663952077. AADHAAR 2580-7193-2781. PAN NUMBER AND EMAIL ID NIL. 2. MR. VASANTAGOUDA, AGED ABOUT 57 YEARS, S/O. SHANKAR GOUDA MALIPATIL, R/O. No. 2/72798, MADNUR, MUDINUR, KOPPAL-583230. PH: 9844096404. AAHAAR 9039-7542-2789. PAN NUMBER AND EMAIL ID NIL 3. MR. PARASAPPA, AGED ABOUT 64 YEARS, S/O. YALLAPPA MADIVALAR, R/O. KUMBAR ONI, HALAPETE, MUDHOL, KOPPAL 583230. PH 8722757679. AADHAAR 9542-0494-8718. PAN NUMBER AND EMAIL ID NIL Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17876-DB WP No. 1741 of 2025 4. MR. MANJUNATH, AGED ABOUT 48 YEARS, S/O. HANUMANTAPPA, R/O. MANGALAPUR, NEAR VIDYA SARASWATI SCHOOL, NANDI NAGAR, KOPPAL-593231. PH: 9845767258. AADHAAR 8656-1401-8836. PAN NUMBER AND EMAIL ID NIL. …PETITIONERS (BY SRI KRISHNA S VYAS., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, REPRESENTED BY ITS PRL. SECRETARY, VIKAS SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, KOPPAL TALUK, AND DISTRICT - 583238. 3. THE COMMISSIONER, KOPPAL URBAN DEVELOPMENT AUTHORITY, O/A. OPP. RELIANCE PETROL PUMP, KOPPAL HOSPET ROAD, KOPPAL 583238. 4. CHIEF OFFICER, BHAGYANAGAR TOWN PANCHAYAT, O/A. NEAR MAHATMA GANDHI CIRCLE, BHAGYANAGAR, KOPPAL TALUK AND DIST - 583238. 5. THE PROJECT DIRECTOR, DISTRICT TOWN DEVELOPMENT AUTHORITY, OFFICE OF THE DEPUTY COMMISSIONER, KOPPAL 583238. - 3 - NC: 2025:KHC:17876-DB WP No. 1741 of 2025 6. THE ASST. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, KOPPAL 583238. 7. SRI. V. SOORYANARAYANA, AGED ABOUT 65 YEARS, S/O. PALLESHWAR, R/O. KINNAL ROAD, KALYAN NAGAR, OPPOSITE, VK AGADI LAYOUT, KOPPAL - 583238. 8. SRI. RAJA RAMESH, AGED ABOUT 40 YEARS, S/O. V. SOORYANARAYANA, R/O. KINNAL ROAD, KALYAN NAGAR, OPPOSITE VK AGADI LAYOUT, KOPPAL 583238. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SANCTION PLAN DATED 09.11.2020 ISSUED BY THE COMMISSIONER OF THE TOWN DEVELOPMENT AUTHORITY IN FAVOR OF RESPONDENTS No. 7 AND 8, PERMITTING THE CONSTRUCTION OF A COMMERCIAL COMPLEX ON THE PROPERTIES BEARING Sy. Nos. 20/4, SITUATED WITHIN THE JURISDICTION OF BHAGYANAGAR TOWN PANCHAYAT, KOPPAL, VIDE ANNEXURE-D ISSUED BY RESPONDENT No. 3, AS THE SAID SANCTION VIOLATES THE CONDITIONS IMPOSED UNDER THE CONVERSION ORDER, THE GUIDELINES PRESCRIBED FOR CONSTRUCTIONS ALONG DISTRICT HIGHWAYS AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:17876-DB WP No. 1741 of 2025 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) Heard learned advocate Mr. Krishna S. Vyas for the petitioners, learned Additional Government Advocate Smt.Niloufer Akbar for respondent Nos.1 to 3. 2. The present petition, styled as a public interest litigation, is filed with a prayer to direct the respondent- authorities not to permit respondent Nos. 7 and 8 to construct a commercial complex on the property bearing Sy. No.20/*/4, situated within the jurisdiction of Bhagyanagar Town Panchayat, Koppal. 3. The petitioners are stated to be permanent residents of Koppal, actively involved in social welfare activities. It is averred that the Public Works Department (PWD) has issued a Master Plan for the development of Koppal and its surrounding areas. As per the said Master Plan and the - 5 - NC: 2025:KHC:17876-DB WP No. 1741 of 2025 guidelines issued thereunder, any conversion of private land from agricultural to non-agricultural purposes within the vicinity of the District Highway is subject to a restriction prohibiting any construction within 25 meters from the centre of the road. It is stated, respondent Nos.7 and 8 have applied for conversion of land bearing Sy.Nos.20/3 and 20/4. As stated, conversion order is issued, incorporating a condition that no construction shall be undertaken within 25 meters from the centre of the road. It is further contended that the Commissioner of the Town Development Authority has issued a sanctioned plan in violation of the conditions stipulated in the conversion order. 4. Learned Advocate Mr. Krishna S. Vyas, appearing for the petitioners, submits that the layout plan approved by respondent No.3 is in violation of the conditions stipulated in the conversion order. It is submitted that respondent Nos.7 and 8 cannot be permitted to undertake any construction within 25 meters from the centre of the road. - 6 - NC: 2025:KHC:17876-DB WP No. 1741 of 2025 However, the authorities have failed to implement and enforce the conditions imposed in the conversion order. 5. Learned Additional Government Advocate, Smt.Niloufer Akbar, by order dated 07.04.2025, was directed to take instructions in relation to the subject matter of the petition. In compliance, the learned Additional Government Advocate has submitted a memo dated 26.04.2025, enclosing the instructions received from respondent No.2. The memo is taken on record. It is submitted that, subsequent to the issuance of the conversion order, no permission has been granted, nor has any sanctioned plan been issued, for the construction of a building. It is further submitted that the writ petition is misconceived and liable to be dismissed. 6. Having considered the submissions of the learned advocates, it is evident from the memo dated 26.04.2025 that, subsequent to the order of conversion, a layout plan has been approved in respect of the land in question. However, the respondent-authorities have not issued any - 7 - NC: 2025:KHC:17876-DB WP No. 1741 of 2025 permission or sanctioned any plan for the construction of a building on the said land. 7. The learned advocate for the petitioners is unable to dispute the aforesaid factual submissions. Furthermore, no material is placed on record to demonstrate that respondent Nos.7 and 8 are proceeding with any construction on the land in question in violation of the conditions of conversion, particularly with regard to maintaining a 25-meter open area from the centre of the road. 8. In view of the categorical stand and statement of the respondent-authorities that no permission or sanctioned plan has been granted for construction of any building on the land in question, the writ petition, at present, is devoid of merit. The writ petition is disposed of in light of the submissions and stand taken by the respondent- authorities, however, by observing that respondent- authorities shall ensure that construction of building by - 8 - NC: 2025:KHC:17876-DB WP No. 1741 of 2025 respondent Nos.7 and 8 is in accordance with the conditions of the order of conversion of land use. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE MV List No.: 2 Sl No.: 2