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2025 DAILYLAW 51351 (KAR)

KUMBALAGODU INDUSTRIES ASSOCIATION v. UNION OF INDIA

WP/38434/2025 · 2025-12-19

K S Mudagal

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54429-DB WP No. 38434 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S.MUDAGAL WRIT PETITION NO. 38434 OF 2025 (GM-RES-PIL) BETWEEN: 1. KUMBALAGODU INDUSTRIES ASSOCIATION A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1860 HAVING ITS REGISTERED OFFICE AT: A 31, KSSIDC INDUSTRIAL ESTATE KUMBALAGODU, MYSORE ROAD BANGALORE - 560 074 REPRESENTED BY ITS GENERAL SECRETARY SRI KAMALESH CHANDRA MEHTA S/O SRI R.C. MEHTA AGED ABOUT 60 YEARS REGISTRATION NO.1367:2003-4 2. SRI MIKHIL HARISH PATEL S/O MR. HARISH PATEL AGED ABOUT 54 YEARS R/AT #19/27, 1ST MAIN ROAD JAYAMAHAL, BANGALORE, BENSON TOWN BANGALORE - 560 046 3. SRI MAYUR C S/O SRI CHANDRIKANTHANAYA AGED ABOUT 30 YEARS Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54429-DB WP No. 38434 of 2025 R/AT: # PLOT NO. 2 PALM GROVE GOOD EARTH KUMBALAGUDU 2ND PHASE VTC KUMBALAGODU BANGALORE SOUTH DISTRICT BANGALORE - 560 060 4. SRI RAGHAVENDRA K S/O MR. KUTTIPOOJARI AGED ABOUT 40 YEARS R/AT NO. 48, SHRI GURU RAGHAVENDRA NILAYA 2ND MAIN ROAD, VINAYAKA LAYOUT MYADARAHALLI, PO CHIKKABANAVARA DISTRICT BANGALORE - 560 090 5. SRI Y.S. SUHAS S/O LATE Y.A. SHARANABASAPPA AGED ABOUT 50 YEARS R/AT: E- 1440 BRIGADE PANORAMA MYSORE MAIN ROAD, KAMBIPUR ANCHEPALYA VTC KUMBALAGODU BANGALORE SOUTH BANGALORE - 560 074 6. SRI KARTHIK NAGARAJ YADALAM S/O NAGRAJ YADALAM AGED ABOUT 42 YEARS R/AT: SITE NO.74, FLAT NO. GF-101 LAKSHMI FOREST BREEZ NANJAPPA LAYOUT NEXT TO KRISHNA GARDEN OMKAR HILLS ROAD KRISHNA GARDEN - 3 - HC-KAR NC: 2025:KHC:54429-DB WP No. 38434 of 2025 RAJARAJESHWARI NAGAR DISTRICT BANGALORE - 560 059 …PETITIONERS (BY MS. CHANDINI, ADVOCATE FOR SRI SUBBA RAO G.S., ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF RAILWAYS NO. 256-A, RAISINA ROAD RAJPATH AREA CENTRAL SECRETARIAT NEW DELHI - 110 001 REPRESENTED BY ITS SECRETARY 2. STATE OF KARNATAKA PUBLIC WORKS DEPARTMENT (PWD) 4TH FLOOR, VIKASA SOUDHA BANGALORE - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 3. JOINT COMMISSIONER OF POLICE (TRAFFIC) BANGALORE CITY NO. 5, 2ND FLOOR TRAFFIC HEAD QUARTERS INFANTRY ROAD BANGALORE - 560 001 4. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD (KIADB) HAVING ITS HEAD OFFICE AT:14/3 2ND FLOOR, R.P. BUILDINGS - 4 - HC-KAR NC: 2025:KHC:54429-DB WP No. 38434 of 2025 NRUPATUNGA ROAD BENGALURU - 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER …RESPONDENTS (BY SRI H. SHANTHI BHUSHAN, DSGI FOR R-1 & SMT. NILOUFER AKBAR, AGA FOR R-2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR WRIT DIRECTING THE RESPONDENT NOS.1 TO 4 TO CONSIDER THE REPRESENTATIONS DATED 18/09/2025, 26/09/2025, 25/09/2025 AND 12/05/2025 AS PRODUCED AT ANNEXURES-A, A1, A2 AND A3 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S.MUDAGAL - 5 - HC-KAR NC: 2025:KHC:54429-DB WP No. 38434 of 2025 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioners have filed the present petition as a public interest litigation, inter alia, praying that directions be issued to the respondent Nos.1 to 3 not to proceed with the construction of underground pass at Ramohalli Railway Gate, Dodda Aladamara Road, Phase 2 KIADB Industrial Area, Kumbalgodu, Bengaluru - 560 074 without some alternate arrangements. 2. The petitioners have drawn the attention of this Court to a public notice dated 22.09.2025, informing the public that the road under bridge work will commence from November 2025 (Tentative date 15.11.2025) and the road would be blocked for further earth excavation and construction of retaining wall work for a period of 7 to 8 months. The notice also records a request to make necessary arrangements to ensure successful completion of the bridge. 3. The petitioners state that if the road in question is blocked, there will be no other efficacious alternative for accessing the area, which has several industrial units, residential houses and - 6 - HC-KAR NC: 2025:KHC:54429-DB WP No. 38434 of 2025 apartments, as well as educational institutions. The petitioners have also placed on record the photographs which show the road in question has been dug up. 4. Our attention is also drawn to the a photograph annexed at page-64 of the paper book, which is stated to be of the alternate road available for accessing the area connected by the road, which is now blocked. The said photograph indicates that it is a narrow road. However, it is broad enough for two vehicles to pass side by side, albeit with some difficulty. The photographs show a truck and a bus crossing each other. There may be merit in the contention that the alternate road may be insufficient to handle high density movement. However, this arrangement is only for a temporary period. 5. Although there may be some inconvenience caused to the public during this period of 7 to 8 months, we are unable to accept that the construction of the pass ought to be stopped. In the given facts, we consider it apposite to dispose of the present petition by directing the respondents to take steps to ensure that - 7 - HC-KAR NC: 2025:KHC:54429-DB WP No. 38434 of 2025 the alternate road is kept free from obstruction. The authorities may also consider if there is a better alternate road. 6. No further orders are required to be passed in this petition. The same is disposed of. 7. Pending applications stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S.MUDAGAL) JUDGE KMV List No.: 1 Sl No.: 9