- 1 - HC-KAR NC: 2026:KHC:12114 WP No. 5958 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26THDAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5958 OF 2026 (LB-BMP) BETWEEN: 1. SMT MAHADEVAMMA W/O LATE. SRI. BASAVARAJ AGED ABOUT 62 YEARS, RESIDING AT BEHIND THE POST OFFICE, GOTTIGERE, BANGALORE - 560 083 2. SRI. G.R SEETHARAM S/O LATE. RAMAKRISHNAPPA AGED ABOUT 68 YEARS, RESIDING AT NO.6/10, GOTTIGERE VILLAGE, BANNERGHATTA MAIN ROAD, BANGALORE - 560 083 …PETITIONERS (BY SRI. SRIRANGA S. SR. ADVOCATE FOR SRI. SANDEEP LAHIRI.,ADVOCATE) AND: 1. THE CHIEF COMMISSIONER GREATER BENGALURU AUTHORITY, FORMERLY BRUHAT BENGALURU MAHANAGARA PALIKE AT N.R SQUARE, BENGALURU - 560 002. 2. THE COMMISSIONER GREATER BENGALURU AUTHORITY, (BENGALURU SOUTH CITY CORPORATION) SOUTH ZONE, AT BBMP COMPLEX, Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12114 WP No. 5958 of 2026 9THCROSS, 9TH MAIN, 2NDBLOCK, JAYANAGAR, BENGALURU - 560 011. 3. THE ADDITIONAL COMMISSIONER (DEVELOPMENT) GREATER BENGALURU AUTHORITY, (BENGALURU SOUTH CITY CORPORATION) SOUTH ZONE, AT BBMP COMPLEX, 9THCROSS, 9THMAIN, 2ND BLOCK, JAYANAGAR, BENGALURU 560 011. 4. EXECUTIVE ENGINEER GREATER BENGALURU AUTHORITY, (BENGALURU SOUTH CITY CORPORATION) FORMERLY BRUHAT BENGALURU MAHANAGARA PALIKE BOMMANAHALLI DIVISION 2NDFLOOR, ANNEXURE BUILDING, AT N.R SQUARE, BENGALURU - 560 002. 5. ASSISTANT EXECUTIVE ENGINEER ANJANAPURA/GOTTIGERE SUB DIVISION, GREATER BENGALURU AUTHORITY, (BENGALURU SOUTH CITY CORPORATION) OFFICE AT 1ST MAIN ROAD, ROYAL COUNTY, 1ST PHASE, GOTTIGERE, BENGALURU 560 083. 6. ASSISTANT EXECUTIVE ENGINEER DODDAKAMMANAHALLI SUB DIVISION, GREATER BENGALURU AUTHORITY, (BENGALURU SOUTH CITY CORPORATION) OFFICE AT RAMANASHREENAGAR, CENTRAL EXCISE LAYOUT, PHASE 2, TEJASWINI NAGAR, B.G ROAD, BENGALURU - 560 083. 7. LAKES DEPARTMENT GREATER BENGALURU AUTHORITY, FORMERLY BRUHAT BENGALURU MAHANAGARA PALIKE, AT N.R SQUARE, BENGALURU 560 002. …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE FOR R1 TO R7) - 3 - HC-KAR NC: 2026:KHC:12114 WP No. 5958 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECT RESPONDENTS TO FORM THE ROAD AS PER THE B.M.C.A.P.A (BANGALORE MYSORE CORRIDOR AREA PLANNING AUTHORITY) MASTER PLAN (ANNEXURE-B) ABUTTING THE PETITIONERS PROPERTY IN A TIME BOUND MANNER AND ETC. THIS WRIT 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 Petitioners are before this Court seeking for the following reliefs: a. Issue a Writ of Mandamus or any other writ, order or direct Respondents to form the road as per the B.M.C.A.Ρ.Α (Bangalore Mysore Corridor Area Planning Authority) Master Plan (Annexure- B) abutting the Petitioners property in a time bound manner; b. Issue a Writ of Mandamus or any other writ, order or direct Respondents to take further action/s in terms of their notice dated 01.03.2018 to form the road as per the B.M.C.A.P.A Master Plan. (Annexure-C); c. Issue a Writ of Mandamus or any other writ, order or direct Respondent No.7 to remove any obstructions/constructions and permit the Petitioners to use the road abutting GottigereLake - 4 - HC-KAR NC: 2026:KHC:12114 WP No. 5958 of 2026 as motorable access road for ingress and egress to their respective schedule properties until the formation and completion of the road as per the B.M.I.C.A.P.A Master Plan; and d. Grant any such other reliefs as this Hon’ble Court deems fit or proper in the interest of justice and equity. 2. Learned counsel appearing for respondents No.1 to 7, on instructions, submits that there exists a passage from the main road leading towards the neighbouring property of the petitioner. However, it is stated that the neighbour has not left any portion of land so as to enable access to the petitioner’s property through that route. It is on account of such omission on the part of the adjoining owner that the petitioner presently finds himself without direct access to his land. 3. In that view of the matter, learned counsel submits that if the petitioner claims a right of access through the neighbouring land, it would be incumbent upon him to initiate appropriate civil proceedings seeking declaration and enforcement of easementary rights or any other right recognised in law. The respondents, being public - 5 - HC-KAR NC: 2026:KHC:12114 WP No. 5958 of 2026 authorities, cannot adjudicate or enforce private rights inter se between neighbouring landowners. 4. However, learned counsel further submits that there exists a walking track within the tank bund area under the control of respondent No.7. As an interim and equitable measure, pending resolution of the dispute between the petitioner and the neighbouring landowners, the said pathway within the tank bund could be made available to the petitioner and his family members for the limited purpose of accessing their property. 5. It is further submitted that, for the purpose of regulating such access and ensuring security and administrative control, necessary identity cards would be issued to the petitioner and his family members. Upon the petitioner furnishing requisite documents establishing his identity and ownership of the property, respondent No.7 would process and issue such identity cards, thereby enabling controlled access through the tank bund pathway. 6. The submission so made, on instructions, appears to this Court to be a pragmatic and equitable interim arrangement balancing the petitioner’s immediate need - 6 - HC-KAR NC: 2026:KHC:12114 WP No. 5958 of 2026 for access with the regulatory responsibilities of the respondents. The same is accordingly accepted and placed on record. 7. Insofar as the principal relief sought by the petitioner with regard to the implementation and formation of a road in terms of the Bangalore-Mysore Corridor Area Planning Authority Master Plan is concerned, learned counsel submits that the formation of such a road is contingent upon the availability of land and the allocation of requisite funds. It is stated that once the necessary land is made available and funds are sanctioned, the road will be implemented in accordance with the Master Plan and subject to statutory approvals. 8. The said submission substantially addresses the grievance of the petitioner. In view of the interim arrangement for access through the tank bund pathway and the clarification regarding implementation of the proposed road subject to availability of land and funds, no further directions are called for at this stage. 9. Accordingly, recording the submissions made on behalf of the respondents and reserving liberty to the petitioner to - 7 - HC-KAR NC: 2026:KHC:12114 WP No. 5958 of 2026 work out his remedies in accordance with law in respect of any claimed easementary rights, the writ petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 2 Sl No.: 83