- 1 - NC: 2025:KHC:7736 WP No. 13403 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 13403 OF 2020 (LA-BDA) BETWEEN: SMT NETHRAVATHI @ NETHRANJALI. B .G W/O SRI M.D.DHANIK AGED ABOUT 30 YEARS REPRESENTED BY GPA HOLDER/FATHER SRI. GANGARAJU AGED ABOUT 59 YEARS R/AT NO. 62/6, 'KAMADHENU NILAYA' BYADARAHALLI NEAR KABBALAMMA TEMPLE VISHWANEEDAM POST BANGALORE-560 091. …PETITIONER (BY SRI. M SHIVAPRAKASH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-560 001. 2. THE PRINCIPAL SECRETARY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT STATE OF KARNATAKA Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:7736 WP No. 13403 of 2020 VIDHANA SOUDHA BANGALORE-560 001. 3. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK (EAST) BANGALORE-560 003. 4. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY KUMAR PARK (EAST) BANGALORE-560 003. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 & R2; SRI. MURGESH V. CHARATI.,ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE OFFICE OF R-3 AND 4 IN RESPECT OF THE LAND BEARING SY NO.59/1 OF KENCHANAPURA VILLAGE, KENGARI HOBLI, BANGLAORE SOUTH TALUK VIDE NOTIFICATION DATED 12.12.2005, 27.07.2011 ISSUED BY R-3. QUASH THE NOTIFICATION DATED 27.07.2011 AT ANNEXURE-D RESPECTIVELY ISSUED BY RESPONDENT NO.3 IN RESPECT OF LAND BEARING SY.NO.59/1 AN EXTENT OF 0.07 GUNTAS, SITUATED AT KENCHANAPURA VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK LEFT OUT (EXCESS LAND) AND TO DECLARE THAT EXTENT OF 0.07 GUNTAS IS LAPSED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 3 - NC: 2025:KHC:7736 WP No. 13403 of 2020 ORAL ORDER Case of the petitioner is that she was owner of an extent of one acre of land forming part of Sy.No.59/1 situated at Kenchanapura Village, Kengeri Hobli, Bengaluru South Taluk having acquired the same in terms of deed of sale dated 19.03.1993. 2. Respondent-BDA acquired an extent of 20 guntas out of said one acre of land belonging to the petitioner in terms of preliminary notification dated 12.12.2005 and the final notification dated 19.07.2011 for the purpose of formation of Outer Peripheral Ring Road-II. 3. Further case of the petitioner is that respondent-BDA had acquired 20 guntas of land and utilised only an extent of 13 guntas leaving out the remaining 7 guntas of land, for the purpose of formation of road and since the petitioner has retained and is in possession of remaining 20 guntas of land, she is before this Court seeking a direction to the respondent- BDA to reconvey the said 7 guntas of unutilised land on the premise of petitioner not having access for the purpose of - 4 - NC: 2025:KHC:7736 WP No. 13403 of 2020 ingress and egress to her remaining extent of 20 guntas of land. 4. After arguing the matter, on instruction it was submitted on behalf of the petitioner that if the respondent- BDA assures and undertakes to provide access to her 20 guntas of land in Sy.No.59/1 which is remaining after acquisition as above, the petitioner would not insist for reconvey of said 7 guntas of land. Pursuant to the said submission, respondent- BDA was directed to obtain instruction if it was ready and willing to provide access to the said 20 guntas of land in Sy.No.59/1 belonging to the petitioner and if so to file an affidavit to that effect with the specification of access to be provided. 5. Today Sri.Murugesh V. Charatti, learned counsel for respondent-BDA has filed affidavit duly sworn to by one Sri.C.N.Ashok, Executive Engineer, NPKL Division, Bengaluru Development Authority which reads as under: "I, C.N.Ashok, Executive Engineer, NPKL Division, Bengaluru Development Authority, Bengaluru do hereby solemnly affirm and state on oath as follows: 1. I am working as the Executive Engineer, NPKL division in Bengaluru Development Authority, Bengaluru. I am - 5 - NC: 2025:KHC:7736 WP No. 13403 of 2020 authorized by the Respondent to swear to the contents of this affidavit. I know the facts of the case. Hence I am competent to swear to the contents of this affidavit. 2. I submit that as per the directions of this Hon'ble Court, an affidavit dated 18.02.2025 was filed indicating the formation of the peripheral ring road and other amenities to be provided by the BDA. I submit that for providing the access to Sy no 59, the BDA will provide an access to Sy.No. 59 as per the sketch appended. The said access will be through the service road of the peripheral ring road and the width of the access road will be 9 mtrs. Hence the present affidavit. The same may be taken on record in the interest of justice and equity". 6. A sketch showing the proposed 9 metres wide road/access having been provided to Sy.No.59 is also enclosed to the affidavit. Thus in the aforesaid affidavit respondent-BDA has undertaken to provide 9 meters wide access from the service road to the property in Sy.No.59. 7. Learned counsel for respondent-BDA further submits that though petitioner is claiming right in respect of Sy.No.59/1 the access is provided to entire Sy.No.59 which can be utilised by the petitioner to her property in Sy.No.59/1 along with other owner/occupant of land in Sy.No.59. Affidavit and said sketch is taken on record which shall form part of this order. 8. In view of the aforesaid affidavit and sketch furnished by the respondent-BDA undertaking to provide access of 9 - 6 - NC: 2025:KHC:7736 WP No. 13403 of 2020 metre wide road to Sy.No.59 which would meet the requirement of the petitioner as well as other occupants if any of Sy.No.59, the petition is disposed of. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 34