- 1 - NC: 2025:KHC:11970-DB WP No. 7719 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 7719 OF 2024 (GM-RES) BETWEEN: 1. MS. MONICA MALINI MANNATH D/O. M.C. ANANTHAKRISHNA DAS, AGED ABOUT 50 YEARS, RESIDING AT NO.82, NR LAYOUT, FCI ROAD, DOORAVANI NAGAR, BENGALURU - 560 016 …PETITIONER (BY MS. NIKITA GANESH, ADVOCATE FOR SRI. SUNDARA RAMAN M.V., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE NO.1, N.R. SQUARE, BANGALORE - 560 002 REPRESENTED HEREIN BY ITS COMMISSIONER 2. THE SENIOR DIVISIONAL ENGINEER SOUTH WESTERN RAILWAY, 2ND FLOOR, KRR RAILWAY STATION BUILDINGS, NEAR DORMITORY BUILDING, MAJESTIC, BENGALURU - 560 023. 3. UNION OF INDIA THROUGH CHAIRMAN RAILWAY BOARD AND EX-OFFICIO Digitally signed by CHAITHRA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11970-DB WP No. 7719 of 2024 PRINCIPAL SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF RAILWAY RAIL BHAWAN, NEW DELHI - 110 001. 4. THE COMMISSIONER OF POLICE BENGALURU, NO.1, INFANTRY ROAD, BENGALURU - 560 001. 5. STATE OF KARNATAKA THROUGH THE DEPT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, AMBEDKAR VEEDHI, SAMPANGI NAGARA, BENGALURU KARNATAKA - 560 001 REPRESENTED BY PRINCIPAL SECRETARY. …RESPONDENTS (BY SRI. N.R. JAGADEESWARA, ADVOCATE FOR R1; SRI. K. ARVIND KAMATH, ASGI ALONG WITH SMT. RESHMA THAMMAIAH, CGC FOR R2 AND R3 AND SMT. NILOUFER AKBAR, AGA FOR R4 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS AND/OR ANY SUCH/ OTHER WRIT ORDER OR ORDER RESTRAINING THE RESPONDENTS FROM CARRYING OUT DEMOLITION OF/ CONSTRUCTION ON, OR OTHERWISE PREVENTING INGRESS AND EGRESS TO THE KR PURAM RAILWAY UNDERPASS, FCI GODOWN ROAD, BENGALURU - 560 016 EXCEPT IN ACCORDANCE WITH LAW, UNTIL REOPENING OF THE ALTERNATE ROAD THROUGH KEMPE GOWDA UNDERPASS ON KEMPE GOWDA UNDERPAS ROAD AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:11970-DB WP No. 7719 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The present writ petition is filed as public interest litigation, in which the petitioner has prayed for restraining the respondents from carrying out the construction activities and from preventing ingress and egress to the K.R. Puram Railway underpass, FCI Godown Road, Bengaluru, until re-opening of the alternate road through Kempegowda underpass on the Kempegowda underpass road. 2. The second part of the prayer is to restrain the respondent- authorities from placing any material so as not to obstruct the flow of traffic through the K.R. Puram Railway underpass. The third prayer is for directions against the respondents to provide a foot overbridge over the K.R. Puram Railway underpass. 3. The grievance of the petitioner is that the respondent-railway authorities initiated demolition/construction activity for constructing - 4 - NC: 2025:KHC:11970-DB WP No. 7719 of 2024 the railway underpass. Notice was issued by the court in the petition. 4. Today when the petition came up for consideration, learned Additional Solicitor General of India Mr. K. Arvind Kamath assisted by learned Central Government Council Smt. Reshma Thammaiah for respondent Nos.2 and 3 invited the attention of the court to the affidavit filed by the said respondents, in which it was stated thus, extracting from paragraph 2, "...in order to handle large railway commuters, quadruplication project was commenced at KR Railway underpass. For the said quadruplication, the KR Puram railway under pass bridge had to be extended reaching the length of 4.75 meters. Considering the traffic movement, work was initially being carried out on the left hand side abetting the width of 2.50 meters out of the available 9.50 meters of the underpass. The remaining 7 meters was let alone for traffic movement. Similar measure was taken up for carrying out work on the right side." 4.1 It was further stated in paragraph 3 that work has been completed on both the sides and that, upon completion of the work, the road is open for free traffic movement. It was stated that there is no traffic congestion under the said bridge and the traffic movements are not disrupted anywhere. - 5 - NC: 2025:KHC:11970-DB WP No. 7719 of 2024 4.2 Photographs are produced which indicate smooth movement of traffic. The respondents stated that the construction of work of underpass and the extension of work have been carried out with co-ordination of the authorities including the Bruhat Bengaluru Mahanagara Palike, the Traffic Department and other authorities and that, no untoward incident had occurred at the site. 5. In view of the above, hardly anything survives in the present petition. The underpass in question constructed by the Railways itself serves public purpose. 6. When traffic movement is shown to be smooth and unhampered, no case is made out to grant any of the reliefs prayed in the petition. 7. The petition is disposed of as not entertained. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE CR, List No.: 1 Sl No.: 104