- 1 - HC-KAR NC: 2025:KHC:43597 WP No. 14501 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 14501 OF 2020 (BDA) BETWEEN: 1. K.P. NARAYANA GOWDA S/O LATE PUTTAVENKATAGOWDA, AGED ABOUT 66 YEARS, RESIDENT OF NO.825, SURVEY NO.136, CHELLAKERE VILLAGE, ARKAVATHI LAYOUT, 19TH BLOCK, KALYAN NAGAR POST, BENGALURU- 560 043. 2. LAKSHMANA SAVANURU P S/O LATE P B SAVANURU, AGED ABOUT 55 YEARS, RESIDENT OF NO.22, BASAPPA LANE, TANNERY ROAD, FRAZER TOWN, BENGALURU- 560 005. …PETITIONERS (BY SRI. KUSUM RANGANATH., ADVOCATE) AND: Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43597 WP No. 14501 of 2020 1. BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU- 560 020. REPRESENTED BY ITS COMMISSIONER 2. BANGALORE WATER SUPPLY AND SEWAGE BOARD, CAUVERY BHAVAN, K.G.ROAD, BANGALORE- 560009. REPRESENTED BY ITS CHAIRMAN (AMENDED V/O DTD 02.03.2023 ON I.A.NO. 1/22) …RESPONDENTS (BY SRI. PRAVEEN KUMAR B.M, ADVOCATE FOR SRI. B L SANJEEV, ADVOCATE FOR R2; SRI. GOWTHAMDEV ULLAL, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO TAKE ACTION ON THE REPRESENTATIONS MADE BY AND BEHALF OF THE PETITIONERS VIDE LETTER DATED 25.06.2019 ANNEXURE-G), LETTER OF THE DISTRICT LEGAL SERVICES AUTHORITY, BANGALORE URBAN DISTRICT DATED 30.07.2019 ANNEXURE-K AND LETTER OF THE DISTRICT LEGAL SERVICES AUTHORITY, BANGALORE URBAN DISTRICT DATED 05.11.2019 (ANNEXURE-L). - 3 - HC-KAR NC: 2025:KHC:43597 WP No. 14501 of 2020 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Petitioners have approached this Court seeking a writ of mandamus directing the respondents to take action on the representation made by the petitioners vide letters dated 25.06.2019 at Annexure-G, 30.07.2019 at Annexure-K and 05.11.2019 at Annexure-L and further directing the respondents to immediately provide basic amenities i.e. street lights, water connection, underground drainage facilities, asphalted and connectivity roads to the residences of the petitioners situated at Site Nos.825 and 1318 of Challakere Village, 19th Block, Arkavathy Layout, Bangalore (schedule property) or alternatively direct the respondents to pay each of the petitioners `.5,000/- every month, in lieu of the expenses incurred by them in availing basic amenities from private parties. - 4 - HC-KAR NC: 2025:KHC:43597 WP No. 14501 of 2020 2. Heard the learned counsel appearing for the petitioners and learned counsel appearing for the respondents. Perused the material on record. 3. The respondents have allotted residential sites to the petitioners on various dates in Survey Nos.135 and 136 of 19th Block, Arkavathy Layout, Challakere Village measuring 6 X 9 meters. The registered lease cum sale deeds were executed in favour of the petitioners, possession was handed over, and Khata Certificate were issued on 27.02.2015. The petitioners thereafter constructed residential sites on the allotted sites. The grievance of the petitioners is that, despite construction of houses, the respondents have failed to provide basic amenities such as water connection, street light, underground drainage facilities and proper connectivity roads. Consequently, the petitioners have been compelled to procure water through private tankers and to incur recurring expenses due to the inaction of the respondents-Authorities. Despite repeated - 5 - HC-KAR NC: 2025:KHC:43597 WP No. 14501 of 2020 representations, the respondents-Authorities have not taken any effective action compelling the petitioners to approach this Court. 4. This writ petition by order dated 17.08.2021 was disposed of directing the respondent-BDA to provide all basic amenities in respect of the petitioners' schedule property within a period of six(6) months from the date of receipt of a copy of that order. A review petition came to be filed in RP.No.539/2022 by the BDA, which came to be allowed on 13.07.2022, restoring the present writ petition. Thereafter, several interim orders were passed. By order dated 19.08.2025, this Court recorded the undertaking which reads as follows: " Heard the learned counsel appearing for the petitioners and the respondents. Learned counsel appearing for the BDA, Sri. Gowthamdev Ullal undertakes that in 2 months, the entire asphalting work of the petitioners' property or the layout would get completed. Learned counsel appearing for the BWSSB, Sri. B.L. Sanjeev submits that there are no funds - 6 - HC-KAR NC: 2025:KHC:43597 WP No. 14501 of 2020 received from the BDA to do the work of sewerage or otherwise. Therefore, they will have to stop the work from the next week. It is for the BDA to ensure that funds are released and asphalting work or other work in the property are completed in terms of the undertaking. In the event it would not be done, exemplary costs would be imposed and to be recoverable from the Officers, who have kept the file with them throughout. List the matter on 29.08.2025." 5. On 25.10.2025, this Court once again recorded a similar submission which reads thus: "This Court on 19.08.2025 passed the following order: “Heard the learned counsel appearing for the petitioners and the respondents. Learned counsel appearing for the BDA, Sri. Gowthamdev Ullal undertakes that in 2 months, the entire asphalting work of the petitioners' property or the layout would get completed. Learned counsel appearing for the BWSSB, Sri. B.L. Sanjeev submits that there are no funds received from the BDA to do the work of sewerage or - 7 - HC-KAR NC: 2025:KHC:43597 WP No. 14501 of 2020 otherwise. Therefore, they will have to stop the work from the next week. It is for the BDA to ensure that funds are released and asphalting work or other work in the property are completed in terms of the undertaking. In the event it would not be done, exemplary costs would be imposed and to be recoverable from the Officers, who have kept the file with them throughout.” (emphasis supplied) Today, similar submission has again made by the learned counsel appearing for the BDA, reiterating that the entire asphalting work of the petitioners’ property or the layout would be completed. The respondent-BDA is directed to file an affidavit of the Commissioner indicating the specific time frame within which the said work would be completed. At request of learned counsel for the petitioners, list this matter on 30.10.2025." 6. In compliance with the said direction, the respondent-BDA has filed the status report/affidavit. Paragraph Nos.3 to 7 of the status report/affidavit reads as under: - 8 - HC-KAR NC: 2025:KHC:43597 WP No. 14501 of 2020 "3. I submit that, since the petitioner is praying for providing basic amenities to the site of the petitioner i.e. street lights, water connection and underground drainage facilities and asphalted and connectivity roads to the residences of the Petitioners, situated at Site No. 825 and Site No.1318, Chellakere Village, 19th Block at Arkavathi Layout, Bangalore. 4. I submit that Site No. 825 is carved out of Sy No. 136, Chellakere Village, Bengaluru East Taluk. The entire land is in possession of this respondent and that there are no litigations with the land owners. The same is developed by this respondent. In respect of Site no 1318 which is carved out of Sy No. 135, Chellakere Village, Bengaluru East is subject matter of litigation with land owners in the portions marked and shown vide Annexure-R7 filed along with statement of objection dated 31.07.2025 and the same is still pending consideration due to said dispute before the Hon'ble Justice K.N.Keshavanarayana Committee. However, the site no 1318 is remaining in possession of the respondent BDA. The BDA has always been ready and willing at all time and also working continuously to complete the civil works including asphalting of roads, laying of underground drainage works, electricity lines to the layout. The roads and sites are already formed. The underground drainage works and electricity lines have already been - 9 - HC-KAR NC: 2025:KHC:43597 WP No. 14501 of 2020 installed in Sy No 136 and in the undisputed portions of Sy No 135 with regard to Chellakere Village, Bengaluru East Taluk in Arkavathy layout.Further, more specifically I submit that the petitioner's Sites No 825 and Site No. 1318 have already been provided with underground drainage connections, water connections and electricity connections. The petitioner have also availed the services of BESCOM and BWSSB for electricity and Water connection. The photograph of the site no.825 with under ground drainage is already produced with the statement of objection vide Annexure 8(a) & 8(d). The photograph's with GPS & time stamp of the site no.825 with under ground drainage, water and electricity connectivity is here with marked and produced as Annexure - RI, RII, RIII. The photograph's of site no.1318 of with under ground drainage, water and electricity connectivity is here with marked and produced as Annexure-RIV, RV, RVI. 5. I submit that originally for the entire Arkavathy 19th block layout (Challakere village) where the petitioner's site no.825 and 1318 are situated have been provided temporarily with mini water supply by drilling 4 borewells and providing 4 cisterns with pipe line network. The photograph's of the mini water supply system 4. in numbers is here - 10 - HC-KAR NC: 2025:KHC:43597 WP No. 14501 of 2020 with marked and produced as Annexure-RVII, RVIII, RIX, RX. 6. I submit that only asphalting of road works are in progress and pending completion. The same shall be completed within a period of two months after receding of rains from today. The current status of work with google GPS and time stamped photos is here with marked and produced as Annexure-RXI to RXV. 7. I submit that originally an undertaking was submitted on 19.08.2025 that asphalting of roads would be completed within 2 months. The BDA has made all genuine efforts to complete the works as per the undertaking. However, due to unforeseen circumstances the tender notification for asphalting of road was cancelled as per the decision by tendering authority, due to participation of a single tenderer as is clear from the note sheet dated 05.06.2025 vide Annexure-R5 filed along with the statement of objections. Hence the said process had to be done afresh. In the circumstance, there is a slight delay in completing the asphalting of roads at Sy No.136 and the undisputed portion of Sy No 135 where the petitioners' Sites No's 825 and 1318 are located." - 11 - HC-KAR NC: 2025:KHC:43597 WP No. 14501 of 2020 7. The affidavit is taken on record. 8. The respondent-BDA by affidavit state that underground drainage, water supply and electricity connections have already been provided to both site Nos.825 and 1318, that mini-water supply arrangements through borewells have been made, and that only asphalting works remains pending, which would be completed within two months after cessation of rains. 9. It is noted that though BDA has stated that the asphalting work would be completed within two months 'after receding of rains' such vague qualification is not acceptable to this Court. 10. Smt. Ramyashree, AEE, BDA, who is present before the Court submits that the asphalting of road works can be completed within a period of one (1) month insofar as Survey Nos.135 and 136 are concerned and within two (2) months for entire layout. 11. The said submission is placed on record. - 12 - HC-KAR NC: 2025:KHC:43597 WP No. 14501 of 2020 12. In view of the affidavit filed and the categorical submission made by AEE, BDA, that asphalting would be completed within a period of two (2) months, the grievance of the petitioners insofar as prayer Nos.(a) and (b) stand redressed. As regards the prayer for damages, the same is of a civil nature and cannot be entertained under Article 226 of the Constitution of the India. The petitioners are therefore at liberty to approach the competent Civil Court, if so advised, and the contentions of the respondents on that aspect is kept open. 13. With the above observations, this Court pass the following: ORDER i) The writ petition is allowed in-part. ii) The respondents-Authorities are directed to complete the asphalting of the road works in respect of Survey Nos.135 and 136 within one(1) month from the date of - 13 - HC-KAR NC: 2025:KHC:43597 WP No. 14501 of 2020 receipt of a certified copy of this order and for the entire layout, within a period of three(3) months from the date of receipt of a certified copy of this order . iii) Petitioners are at liberty to approach the appropriate Court seeking damages, if so advised. iv) All contentions of the parties on that aspect are kept open. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 24