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2026 DAILYLAW 11495 (KAR)

THE PRESTIGE MISTY WATERS APARTMENT OWNERS' ASSOCIATION v. THE STATE OF KARNATAKA

WP/8527/2026 · 2026-03-13

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15404 WP No. 8527 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.8527 OF 2026 (LB-BMP) BETWEEN: 1. THE PRESTIGE MISTY WATERS APARTMENT OWNERS' ASSOCIATION A SOCIETY REGISTERED UNDER THE KARNATAKA APARTMENT OWNERSHIP ACT 1972 PRESTIGE MISTY WATERS, OUTER RING ROAD, HEBBAL, BENGALURU - 560 024 REP. BY ITS SECRETARY SRI. SADASHIVA BHAT S/O. S. SHAM BHAT. 2. SMT. VANSHIKA MATHUR W/O. SRI AVNISH KUMAR SINHA FLAT NO.2096, PRESTIGE MISTY WATERS OUTER RING ROAD, HEBBAL, BENGALURU - 560 024. …PETITIONERS *(By SRI. ARUNA SHYAM M., SENIOR ADVOCATE for (BY SRI. SUYOG HERELE E., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, *INSERTED VIDE CHAMBER ORDER DATED 07TH APRIL 2026. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15404 WP No. 8527 of 2026 VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE GREATER BENGALURU AUTHORITY (NORTH) EARLIER KNOWN AS BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) REP. BY ITS CHIEF COMMISSIONER, N.R. SQUARE, BENGALURU - 560 002. 3. THE BANGALORE SMART INFRASTRUCTURE LIMITED (B-SMILE) REP. BY ITS MANAGING DIRECTOR, 108, 1ST FLOOR, ANNEX-2 BUILDING, BBMP, N R SQUARE, BENGALURU-02. 4. THE DEPUTY COMMISSIONER (LAND ACQUISITION & TDR) BRUHAT BENGALURU MAHANAGARA PALIKE, 208, 1ST FLOOR, ANNEX-2 BUILDING, BBMP, N R SQUARE, BENGALURU-02. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP., FOR R.1 & R.3; SRI. PAWAN KUMAR, ADVOCATE FOR R.2 & R.4.) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DATED 01.01.2025 ISSUED BY RESPONDENT NO.2 IN BBMP/C.COMM/PSR(G)/2828/2024-25 UNDER SECTION 14-B(4) OF THE KARNATAKA TOWN AND COUNTRY PLANNING ACT, 1961, PROPOSING THE ROAD PROJECT DESCRIBED AS "PROTECTION AND IMPROVEMENT OF RAJAKALUVE/BUFFER ZONE INCLUDING FORMATION OF SERVICE ROAD FROM HEBBAL MILITARY AREA TO THANISANDRA MAIN ROAD", INCLUDING THE TENDER NOTIFICATION DATED 25.07.2025 ISSUED BY RESPONDENT NO.3 AND ALL FURTHER ACTIONS AND PROCEEDINGS PURSUANT THERETO, IN THE INTEREST OF JUSTICE AND EQUITY (MARKED AT ANNEXURE-A AND A1), ETC - 3 - HC-KAR NC: 2026:KHC:15404 WP No. 8527 of 2026 THIS PETITION, COMING ON FOR ORDERS THROUGH PHYSICAL HAERING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The case of the petitioners is that, with the purpose of protecting the buffer zone abutting the Rajakaluve, the respondent -Bruhat Bengaluru Mahanagara Palike, now Greater Bengaluru Authority (North), is intending to demolish the compound wall of the petitioners' property and to form a road / drain on the property of the petitioners without following due process of law. 2. Learned counsel appearing for the BBMP, now GBA upon instructions, submits that the respondents intend to protect the Rajakaluve and the buffer zone abutting the same. He further submits that if some private persons owns property abutting the buffer zone and if the same is required to be acquired, the same will be done in accordance with law and not otherwise. He categorically - 4 - HC-KAR NC: 2026:KHC:15404 WP No. 8527 of 2026 submits that the property of the petitioners will be touched upon only in a manner known to law and not otherwise. 3. Hence, the writ petition is hereby disposed of directing the respondents not to interfere with the possession of the petitioners' property without following due process of law. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 57