- 1 - HC-KAR NC: 2025:KHC:20962 WP No. 16273 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.16273 OF 2025 (LB-RES) BETWEEN: MERRINE JULLIET KOLABRATH W/O. MICHEAEL POBY K AGED ABOUT 44 YEARS, RESIDING AT. NO.149, 13TH B MAIN, MATHIKERE LAYOUT, BANGALORE NORTH, BANGALORE - 560 054. …PETITIONER (BY SRI. LAKSHMIKANTHA T S.,ADVOCATE) AND: 1. PANCHAYATH DEVELOPMENT OFFICER NENEKATTE GRAM PANCHAYAT, GUNDULPETE TALUK, CHAMARAJANAGAR – 571 111. 2. ASSISTANT DIRECTOR THE TOWN PLANNING DEPARTMENT OFFICE AT. NO.302, 3RD FLOOR, DISTRICT ADMINISTRATIVE BHAVAN. B.R.HILLS ROAD, CHAMARAJANAGAR – 571 313. …RESPONDENTS (BY SRI. U.VINAY RAGHAVENDRA FOR R1(VK NOT FILED); SRI. H.K.KENCHEGOWDA AGA FOR R2(MA NOT FILED) ) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CONDITION NO.14 IN THE TECHNICAL APPROVAL/ ENDORSEMENT BEARING NO.NAHARYOSANICHA/ Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20962 WP No. 16273 of 2025 GU.TA/VA.VI/VIRANAPURA/2024-25/74/907 DTD. 30.12.2024 ISSUED BY THE R-2 AS PER (ANNX-A) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner is aggrieved by the condition No.14 imposed while sanctioning the building plan in favour of the petitioner thereby directing the petitioner to leave road margin. 2. Learned counsel for the petitioner has placed reliance on the judgment of a Co-ordinate Bench of this Court rendered in W.P.No.5103/2022, in support of the contention that the condition imposed by the respondent- authorities specifically, Condition No.14 is legally untenable. Referring to paragraphs 8 and 9 of the said judgment, it is submitted that the Co-ordinate Bench has authoritatively addressed an identical issue arising in the context of road margins indicated in the Revised Master Plan. The learned counsel contends that the petitioner in - 3 - HC-KAR NC: 2025:KHC:20962 WP No. 16273 of 2025 the said writ petition was similarly aggrieved by an endorsement rejecting the building plan on the ground that a portion of the site fell within the proposed road alignment. The Co-ordinate Bench, after due consideration, held that the imposition of such a condition requiring surrender of land earmarked as road margin as a precondition for approval of the building plan is impermissible in law. 3. This Court, having examined the aforementioned judgment and the factual matrix therein, finds that the issue raised in the present writ petition is substantially covered by the reasoning and conclusions recorded by the Co-ordinate Bench. It is evident from the records that the subject site is indicated as abutting a proposed road widening in the Revised Master Plan, and on that basis, Condition No.14 was imposed by respondent No.2 at the time of scrutinising the petitioner’s building plan application. However, in light of the findings recorded in W.P.No.15103/2022, this Court is of the considered - 4 - HC-KAR NC: 2025:KHC:20962 WP No. 16273 of 2025 opinion that such a condition cannot be sustained. The Co-ordinate Bench has categorically held that where the Planning Authority intends to utilise any portion of a private individual's land for the purpose of road formation or road widening, such land must be acquired through due process of law, and the landowner is entitled to receive compensation in accordance with applicable statutes. The planning authorities cannot, under the guise of granting sanction to a building plan, unilaterally compel the landowner to forgo a portion of the land without acquisition or compensation. It is also held therein that even if the land is designated for road widening or for future road formation under the Master Plan, that alone does not empower the Authority to impose such a condition at the time of approval of the building plan. In the present case as well, Condition No.14, being identical in nature and effect, is therefore rendered legally unsustainable. The observation of the Co-ordinate Bench is - 5 - HC-KAR NC: 2025:KHC:20962 WP No. 16273 of 2025 squarely apply to the present facts and circumstances, warranting similar relief. 4. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is hereby allowed. (ii) Condition No.14 imposed in the technical approval/endorsement bearing No.Naharyosanicha/Gu.Ta/Va.Vi/Viranapu ra/2024-25/74/907 dated 30.12.2024 issued by respondent No.2 and produced at Annexure-A, is hereby quashed and set aside. (iii) Respondent No.2 is directed to issue the sanctioned building plan in favour of the petitioner, strictly in accordance with law, within a period of four weeks from the date of receipt of a certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 18