- 1 - HC-KAR NC: 2025:KHC-D:14836 WP No. 105273 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105273 OF 2025 (LB-RES) BETWEEN: 1. SANTHOSH S/O. MARUTI KALAL, AGE. 46 YEARS, OCC. BUSINESS, R/O. OPP. NEW BUS STAND, DODDANAYAKANA KOPPA, DHARWAD, TQ. AND DIST. DHARWAD-580 008. 2. ANAND S/O. MARUTI KALAL, AGE. 45 YEARS, OCC. BUSINESS, R/O. SRI DEVI BUILDING, RAJ NAGAR, 1ST CROSS, BEHIND MURUGHAMATH, M. NAGAR, DHARWAD, TQ. AND DT. DHARWAD-580 008. … PETITIONERS (BY SRI. P.G. MOGALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS UNDER SECRETARY TO DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, AMBEDKAR VEEDI, BENGALURU-560 001. 2. THE HUBBALLI-DHARWAD MUNICIPAL CORPORATION, DHARWAD, TQ. AND DIST. DHARWAD-580 001, BY ITS COMMISSIONER. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14836 WP No. 105273 of 2025 3. THE HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD, BY ITS COMMISSIONER-580 025. 4. THE DEPUTY DIRECTOR OF TOWN PLANNING, HUBBALLI-DHARWAD MUNICIPAL CORPORATION, DHARWAD, TQ. AND DIST. DHARWAD-580 001. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI. GURUDEV GACHCHINAMATH, ADVOCATE FOR R2 AND R4; SRI. MADANMOHAN M. KHANNUR, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE ENDORSEMENT DATED 14/07/2025 IN NO.HDW-LBPAS-51692/25-26/BP, ISSUED BY THE RESPONDENT NO.2 VIDE “ANNEXURE-B” (OBTAINED ON LINE) AND ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO 4 TO CONSIDER THE APPLICATION OF THE PETITIONERS DATED 24-06-2025 BEARING NO. HDW- LBPAS-51692/25-26/BP FOR GRANT OF PERMISSION TO PUT UP CONSTRUCTION VIDE “ANNEXURE-A” WITHIN A STIPULATED TIME. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14836 WP No. 105273 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners and learned counsel appearing for the respondents. 2. This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioners assailing the endorsement dated 14.07.2025 passed by respondent No.2-Hubballi-Dharwad Muncipal Corporation, Dharwad, marked as Annexure-B. 3. In terms of the said endorsement, the petitioners’ application for building permission was rejected on the premise that the application will be considered only if the petitioners surrender a certain extent of land free of cost in favour of the respondents. The Authority referred to regulations which were approved on 08.03.2019, marked as Annexure-R1. 4. Learned counsel for the petitioners would urge that a Co-ordinate Bench of this Court in Sri. B.K. Thyagaraj and Another Vs. The State of Karnataka and Others1, held that the State has no authority to insist for free surrender of land in its favour. In the said case, the person who surrendered the land 1 W.P.No.17302/2023 - 4 - HC-KAR NC: 2025:KHC-D:14836 WP No. 105273 of 2025 under protest before obtaining the necessary permission challenged the insistence for a free surrender and sought restoration of the property; and that Co-ordinate Bench of this Court held that the State has no power to insist for surrender of land free of cost. 5. Learned counsel for the petitioners has also referred to the judgment of a Co-ordinate Bench of this Court in D. Sundara Rami Reddy Vs. State of Karnataka and Others2, to contend that unless the compensation is paid, the State cannot insist upon the surrender and relinquishment of land free of cost. 6. Learned counsel for the respondents would urge that the validity of the regulations referred to in the impugned endorsement has not been questioned. The said regulations referred to above in terms of regulation ZR No.3.100, mandates that permission to construct a building can be granted only if the applicant who seeks permission hands over to the Authority/Local Authority for free of cost, the land which is required for the purpose of formation of a road. 2 W.P.No.4217/2025 - 5 - HC-KAR NC: 2025:KHC-D:14836 WP No. 105273 of 2025 7. It is noticed that order dated 08.03.2019 does not refer to any proposal for the formation of a road having a width of 35 metres. In addition to that, Section 13(3) of Karnataka Town and Country Planning Act, 19613, does not enable the State through any regulation, to insist the landowners seeking building permission to surrender their land free of cost in favour of the State. 8. It is also noticed that a Co-ordinate Bench of this Court has referred to the judgment of the Apex Court in T. Vijayalakshmi and Others Vs. Town Planning Member and Another4, while deciding the case and taking a view that there cannot be a direction to surrender the land free of cost. 9. Under these circumstances, the contention that there is no challenge to the constitutionality of the regulation is not acceptable. Accordingly, same is rejected. 10. Since a Co-ordinate Bench of this Court has held that the landowners cannot be insisted to surrender their lands free of cost to the State while seeking permission to construct a 3 Hereinafter referred to as the ‘Act of 1961’ 4 (2006) 8 SCC 502 - 6 - HC-KAR NC: 2025:KHC-D:14836 WP No. 105273 of 2025 building, the endorsement at Annexure-B dated 14.07.2025, is hereby quashed. 11. The Authority shall consider the petitioners’ application in accordance with law without insisting for free surrender of land. 12. With these observations, the writ petition is allowed. 13. The exercise shall be completed within two months from the date of receipt of copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 32