- 1 - HC-KAR NC: 2025:KHC-D:12051 WP No. 106360 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106360 OF 2024 (GM-RES) BETWEEN: GANGADHAR S/O. HUKUMCHAND KALMANI, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. SHERI GALLI, BELAGAVI-590 001. … PETITIONER (BY SRI. ANAND KUMAR ASHTEKAR, ADVOCATE AND SRI AKSHAY KATTI, ADVOCATE) AND: 1. THE UNION OF INDIA REPRESENTED BY THE PRINCIPAL SECRETARY MINISTRY OF DEFENCE SECRETARIAT BUILDING RAISINA HILL, NEW DELHI-110 011 2. THE STATION COMANDANT STATION HEAD QUARTERS MARATHA LIGHT INFANTRY REGIMENTAL CENTRE BELAGAVI-590 009 3. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU-560 001 4. THE COMMISSIONER BELAGAVI URBAN DEVELOPMENT AUTHORITY OFFICE OF THE COMMISSIONER BELAGAVI URBAN DEVELOPMENT AUTHORITY Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12051 WP No. 106360 of 2024 ASHOK NAGAR, BELAGAVI-590 001 … RESPONDENTS (BY SRI. M.B. KANAVI, CGSC FOR R1 & R2; SRI SHARAD V. MAGADUM, AGA FOR R3; SRI M.A. HULYAL, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION AND DIRECT THE RESPONDENTS NO.1 AND 2 TO CONSIDER AND APPROVE THE PROPOSAL ON THE BASIS OF EXCHANGE VALUE OF LAND FOR THE PURPOSE OF CONSTRUCTION OF PUBLIC ROAD AS SOUGHT IN REPRESENTATION DATED 22.09.2021 (PRODUCED VIDE ANNEXURE-D) AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ in the nature of Mandamus or any other writ, order or direction and direct the Respondents No.1 and 2 to consider and approve the proposal on the basis of Exchange Value of Land for the purpose of construction of Public Road as sought in representation dated:- 22.09.2021 (produced vide Annexure-D) Or in the alternative ii. Issue a writ in the nature of Mandamus or any other writ, order or direction and direct the Respondents No.1 and 2 to consider and - 3 - HC-KAR NC: 2025:KHC-D:12051 WP No. 106360 of 2024 approve the proposal on the basis of Exchange Value of Investment for the purpose of construction of Public Road as sought in representation dated: 15.12.2023 (produced vide Annexure-F) iii. Issue a writ in the nature of Mandamus or any other writ, order oг direction and direct the Respondents No.3 and 4 to take necessary action for construction of Public Road connecting the Petition premises as sought in representation dated: 23.02.2024 (produced vide Annexure-G) and 27.02.2024 (produced vide Annexure-H) respectively. iv. Grant such other relief, which the Court deems fit, in the facts and circumstances of the case. 2. The grievance of the petitioner was that the petitioner being the owners of R.S.No.42 measuring 15 acres 15 guntas the same is surrounded by R.S.No.41, 39, 47 and 38 on three sides which belong to the respondent No.2-Maratha Light Infantry Regimental Centre. In the Master Plan of 2021 issued by respondent No.4 there is a public road passing through R.S.No.42 and R.S.No.38. Apart therefrom, there is no other alternative road passing through the petitioner’s land - 4 - HC-KAR NC: 2025:KHC-D:12051 WP No. 106360 of 2024 and as such it would be required for respondent No.4 to construct the said road. However, the said road has not been constructed on account of the objections of respondent No.2 and it is in that background the aforesaid reliefs had been sought for. 3. Notice having been issued Sri.M.B.kanavi., learned counsel who appears for the Union of India and Maratha Light Infantry Regimental Centre was called upon to enquire and make his submissions. 3.1. He has filed a statement of objections along with said statement of objections he has produced a letter dated 02.02.2016 issued by the Director (Land and Conveyance), Ministry of Defence, Government of India to the Chief of Army, Chief of Air Staff, Chief of Naval Staff, Director General of Defence Estates and several other Defence Officers categorically stating that it is only the cabinet who can issue formal orders for - 5 - HC-KAR NC: 2025:KHC-D:12051 WP No. 106360 of 2024 transfer/Exchange of land by the Ministry of Defence and the formal handing over/taking over and correction of records will be undertaken by Director General of Defence Estates in consultation with Local Military Authority (LMA). 3.2. On that basis he submits that respondent No.2 cannot agree to any exchange of land and without acquisition of the land of respondent No.2 no road can be formed. 4. In that background Sri.M.A.Hulyal., learned counsel who appears for the Urban Development authority was called upon to enquire and make his submission as to how and in what manner access to the land of the petitioner would be provided, since it is on account of the plan which has been prepared by respondent No.4 that the petitioner is without an access to his property. 5. Sri.M.A.Huliyal., learned counsel on instructions submit that a draft plan had been prepared and it is as per that draft - 6 - HC-KAR NC: 2025:KHC-D:12051 WP No. 106360 of 2024 plan that a road would be laid by the corporation and whether the petitioner has access or not he will have to wait till the road is formed and that the present Master Plan is under revision and as such respondent No.4 is unable to provide any access to the petitioner. 6. Heard Sri.Akshay Katti., learned counsel appearing for the petitioner, Sri.M.B.Kanavi., learned CGSC appearing for respondents No.1 and 2, Sri.Sharad V.Magadum., learned AGA appearing for respondent No.3 and Sri.M.A.Hulyal., learned counsel appearing for respondent No.4. Perused papers. 7. It is rather shocking that an instrumentality of the State has acted in such a manner has to deprive a citizen of the country from access to his own property. 8. The Department of Defense contending that the entire land around the property of the petitioner belongs to it and they cannot exchange any land to provide better access to the petitioner’s property without the sanction from the - 7 - HC-KAR NC: 2025:KHC-D:12051 WP No. 106360 of 2024 Union Cabinet and the Urban Development Authority contending that the development plan is under revision and until the revision is completed they would be unable to make any arrangement for providing an access to the land of the petitioner. 9. Ownership of land though not a fundamental right is a constitutional right which has been recognized in a plethora of judgments. Having ownership of land without access to property is of no use. 10. Sri.M.B.Kanavi., learned counsel had suggested an alternative for laying a road adjacent to the compound wall in Sy.No.47 belonging to defence, so that a road could be laid in the said land in Sy.No.47 connecting the property of the petitioner with the existing savagaon road. 11. When this was put across to the Urban Development Authority, once again the Urban Development Authority has come back with the contention that until the revision - 8 - HC-KAR NC: 2025:KHC-D:12051 WP No. 106360 of 2024 of the Master Plan is made no such road could be laid at that location. The Urban Development Authority is vested with the duty to plan the urban area in such a manner that there is orderly development of the said urban lands and that the citizens owning lands in that particular urban area are able to use their lands in the manner as may be prescribed. 12. The Urban Development Authority knowingfully well that the lands of the petitioner are surrounded by defence land it was but required that when a master plan was prepared by the Urban Development Authority to take into consideration all these aspects and make available such access to land of the petitioner as could be made available. 13. In this case when the defence authority voluntarily has come forward despite all its limitations, to State that a road could be laid in Sy.No.47 from savagaon road to the property of the petitioner it was but required for the - 9 - HC-KAR NC: 2025:KHC-D:12051 WP No. 106360 of 2024 respondent No.4-Urban Development Authority to accept the said proposal and form a road so that the petitioner could have access to the same. The denial made by the Urban Development Authority to even lay this road, despite respondent No.2 having conceded for such a road to be formed speaks volumes of the ineptitude on the part of respondent No.4-Urban Development Authority. It is not expected on the Urban Development Authority to act in such a manner as to deprive a citizen of an access to the property despite the defence department having consented for such a road to be formed. 14. This only indicates the lack of humanness as also lack of any consideration for a citizen residing within the jurisdiction of the Urban Development Authority. The said actions on part of the Urban Development Authority are deprecated, such deprecation is placed on record. 15. The Principal Secretary, Urban Development Department is also directed to look into this matter and take such - 10 - HC-KAR NC: 2025:KHC-D:12051 WP No. 106360 of 2024 necessary action by issuing instructions to the officers coming under his jurisdiction to act in a manner which protects and enables citizens to make use of the property belonging to such citizens. 16. In the above circumstance, I have no option but to issue directions to respondent No.4-Urban Development authorities, since the Urban Development authority has expressed his unwillingness to take care of the interest of citizens. Hence, I pass the following; ORDER i. The writ petition is allowed. ii. A mandamus is issued, directing respondent No.4 to approve a road in the land belonging to respondent No.2 in Sy.No.47 from savagaon road to the edge of the land in Sy.No.43 on the southern side as per the sketch which would be made available by respondent No.2 to respondent No.4 within a - 11 - HC-KAR NC: 2025:KHC-D:12051 WP No. 106360 of 2024 period of 30 days from the date of receipt of such sketch, which sketch shall be made available to Respodent No.4 by Respondent no.2 within 15 days from date of receipt of this order. iii. The road shall be formed by the concerned authority within a period of 120 days thereafter, at any rate the entire process to be completed within 150 days of this order. iv. Enquiry report of the Principal Secretary, Urban Development Department to be placed on record by 30.10.2025. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 167