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2025 DAILYLAW 75426 (KAR)

MURAGENDRAPPA D ARJANAGI v. STATE OF KARNATAKA

WP/7170/2025 · 2025-09-24

C M Joshi

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38483-DB WP No. 7170 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 7170 OF 2025 (GM-RES-PIL) BETWEEN: 1. MURAGENDRAPPA D ARJANAGI AGE 56 YEARS ADDRESS: # 33/2, PIPELINE VIJAYANAGAR BANGALORE - 560 040. 2. UMARFARUK VIJAPUR AGE 38 YEARS S/O ABBASALI VIJAPUR WARD No.1, SHAKTI NAGAR JALI ROAD, VIJAYAPURA - 586 103. 3. MOHAMMED IBRAHIM HATTARKI AGE 37 YEARS S/O MOHAMMED IRFAN ADDRESS: WARD No.1 NEHARUNAGAR NEAR SHRI RABINDRANATH TAGORE SCHOOL VIJAYAPURA - 586 102. 4. ASHRAFALI MUJAVWAR AGE 40 YEARS S/O MAIBOOBSAB MUJAWAR Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38483-DB WP No. 7170 of 2025 ADDRESS: SHAKTI NAGAR JAIL DURGA ROAD VIJAYAPURA - 586 101. 5. HAJISAB BASHEER AHMED MOHAMMAD IQBAL BIJAPUR AGE 55 YEARS S/O MOHAMMAD IQBAL BIJAPUR ADDRESS: J.M. ROAD, GODIHAL COLONY NEAR GACHIN MAHAL VIJAYAPURA - 586 104. 6. DADAPEER SHOLAPUR AGE 56 YEARS S/O GOUSMODDIN ADDRESS: WARDS 29 NEAR PDJ SCHOOL GROUND KRISHNA NAGAR VIJAYAPURA - 586 101. 7. PAVANKUMAR BAVACHI AGE 50 YEARS ADDRESS: CHANDRAKANTH STATION ROAD JULAI GALLI, VIJAYAPURA - 586 104. 8. TIPPANNA DODAMANI AGE 56 YEARS S/O CHANDAPPA ADDRESS: HOUSE NO. 79 NEAR TELEPHONE EXCHANGE OFFICE KANAKDAS BADAVANE VIJAYAPURA - 586 101. 9. ALTAF PATEL AGE 65 YEARS S/O AZIZ PATIL ADDRESS: NAVABAG - 3 - HC-KAR NC: 2025:KHC:38483-DB WP No. 7170 of 2025 HAMEED NAGAR VIJAYAPURA - 586 101. 10. YASEEN KHWAJASAB BAGWAN AGE 60 YEARS S/O KHWAJASAB BAGWAN ADDRESS: No.113, WARD No.31 JAMKHANE GALLI VIJAYPURA - 586 101. 11. SOMASHEKAR WALIKAR AGE 56 YEARS ADDRESS: KANAKDAS BADAVANE VIJAYPURA - 586 101. 12. VIDYADHAR BANNATTI AGE 50 YEARS S/O BASAVARAJ BANNATTI ADDRESS: #129 LIG JALANAGAR VIJAYAPURA - 586 101. …PETITIONERS (BY SRI RAGHU PRASAD B.S.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE VIKAS SOUDHA BANGALORE - 560 001 REPRESENTED BY PRINCIPAL SECRETARY. 2. PUBLIC WORKS DEPARTMENT VIJAYAPURA TOWN VIJAYAPURA - 586 101. - 4 - HC-KAR NC: 2025:KHC:38483-DB WP No. 7170 of 2025 3. KARNATAKA STATE POLLUTION CONTROL BOARD "PARISARA BHAVANA" No. 49, CHURCH STREET BENGALURU - 560 001. 4. CHIEF EXECUTIVE ENGINEER NATIONAL HIGH WAY DIVISION VIJAYAPURA - 586 101. 5. MAYOR MAHANAGARA PALIKE VIJAYAPURA - 586 101. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 & 2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE 2ND AND 3RD RESPONDENT TO CANCEL THE PROJECT UNDERTAKEN TO PROVIDE A SEPARATE LANE FOR LORRIES/ GOOD VEHICLES AND HEAVY VEHICLES TO PASS THROUGH THE RING ROAD CONNECTING PASSING VIA IB CIRCLE PASSING THROUGH SHANKARLINGA TEMPLE TOWARDS SOLAPURA AS IT WILL HAVE AN ADVERSE IMPACT ON ECOLOGY AND RIGHT TO LIVE PEACEFULLY OF THE RESIDENTS OF VIJAYAPURA & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:38483-DB WP No. 7170 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioners have filed the present petition, inter alia, praying as under: "a) A writ of mandamus to the 2nd and 3rd respondent to cancel the project undertaken to provide a separate lane for lorries/good vehicles and heavy vehicles to pass through the ring road connecting passing via IB circle passing through Shankarlinga temple towards Solapura as it will have an adverse impact on ecology and right to live peacefully of the residents of Vijayapura. b) Issue such other writ or directions as this Hon'ble Court deems fit. c) Direct the respondents to pay costs of the writ petition." 2. The petitioners state that a portion of the State Highway has been handed over to the Ministry of National Highways and Road Transport for construction of a corridor for goods and heavy vehicles. - 6 - HC-KAR NC: 2025:KHC:38483-DB WP No. 7170 of 2025 3. The learned counsel for the petitioners submits that an elevated and a cordoned-off section of the road is now being constructed in the center of the existing road for heavy goods vehicles to pass through. He submits that this would cause disruption to the residents living in the vicinity and would also have an adverse effect on the ecology of the area. He also submits that the said construction would effectively prevent the residents from crossing the roads and it will be necessary for the residents to take a detour to cross the road at an assigned places, which may be more than a kilometre away. 4. There is no allegation that any of the statutory rules or regulations have been violated. The expansion of the existing road for construction of a corridor cannot be interdicted on account of the inconvenience, as the same would prevent the residents with multiple points for crossing the road. - 7 - HC-KAR NC: 2025:KHC:38483-DB WP No. 7170 of 2025 5. There is no material for this Court to accept that any legal or fundamental rights of the petitioners or public at large, is violated. 6. The petition is accordingly dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KPS List No.: 1 Sl No.: 9