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2026 DAILYLAW 11171 (KAR)

SRI M MOHAN KUMAR v. BRUHAT BENGALURU MAHANAGARA PALIKE

WP/1781/2019 · 2026-02-19

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10546 WP No. 1781 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1781 OF 2019 (LB-BMP) BETWEEN: 1. SRI M MOHAN KUMAR, AGED ABOUT 50 YEARS, S/O LATE M G RAJU, NO.1, 2ND MAIN, 3RD PHASE, J P NAGAR, BENGALURU - 560 078. 2. SRI MAGANLAL R PATEL, AGED ABOUT 72 YEARS, S/O LATE RAMJI PATEL, R/AT SITE NO 1/1, OLD KATHA NO 298, NEW NO 420/1, GOTTIGERE VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 083. 3. SRI BHARAT M PATEL, AGED ABOUT 47 YEARS, S/O MAGANLAL R PATEL, R/AT SITE NO 1, OLD KATHA NO 298, NEW NO 420, GOTTIGERE VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 083. …PETITIONERS (BY SRI ABHINAV R, ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE, BENGALURU - 560 002. REP. BY ITS COMMISSIONER. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10546 WP No. 1781 of 2019 2. THE EXECUTIVE ENGINEER, ROAD INFRASTRUCTURE, BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE, BANGALORE - 560 002. 3. THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, M S BUILDING, BANGALORE - 560 001. REP. BY ITS PRINCIPAL SECRETARY. …RESPONDENTS (BY SMT. SARITHA KULKARNI, ADVOCATE FOR R-1 & R-2; SMT. CHANDINI SINGH, HCGP FOR R-3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF PROHIBITION FORBEARING THE RESPONDENTS FROM CARRYING OUT ANY ACTIVITY OF WIDENING OF ROAD [BANNERGHATTA ROAD] AND OTHER RELATED ANCILLARY ACTIVITIES SUCH AS DIGGING OF TRENCHES, BUILDING CULVERTS DITCHES, ETC IN RESPECT AND IN RELATION TO THE SCHEDULE PROEPRTY WITHIN UNDERTAKING THE REQUISITE DUE PROCESS OF LAW ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: "a) Issue a writ in the nature of prohibition forbearing the Respondents from carrying out any activity of widening of road (Bannerghatta Road) and other related ancillary activities such as digging of trenches, building culverts ditches etc. in respect and in relation to the Schedule Property without undertaking the requisite due process of law. b) Issue a writ in the nature of mandamus, directing the Respondents to undertake any development or - 3 - HC-KAR NC: 2026:KHC:10546 WP No. 1781 of 2019 road widening measures in relation to the Bannerghatta Road adjoining the Schedule Property only after complying with the requirements of law and acquiring the properties by paying compensation as required by law. c) Grant costs; and d) Such other reliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of the case and in the interest of justice and equity." 2. The grievance of the petitioner when he approached this Court on 11.01.2019 by filing the above petition was that without acquiring the land of the petitioner, the respondents are proposing to widen the Bannerghatta road. 3. The learned counsel for respondents No.1 and 2- BBMP submits that the said road would be widened by following due procedure of law by acquiring the land and making payment of the compensation to the Petitioner. 4. The learned counsel for the petitioner today submits that, if acquisition is resorted to, the petitioner will have no objection for the said acquisition so long as the compensation is paid in terms of the Right to Fair - 4 - HC-KAR NC: 2026:KHC:10546 WP No. 1781 of 2019 Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In that view of the matter, I pass the following: ORDER i) The Writ petition is disposed reserving liberty to the respondents to acquire the land of the petitioner to the extent required for the purpose of widening of the Bannerghatta road under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and making payment of compensation to the petitioner. ii) Until the acquisition is made and compensation is paid, respondents are restrained from dispossessing the petitioner from the subject property. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 10