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2026 DAILYLAW 16649 (KAR)

MRS RADHA NARAYAN v. MANGALORE CITY CORPORATION

WP/23430/2025 · 2026-03-02

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12573 WP No. 23430 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 23430 OF 2025 (LB-RES) BETWEEN: MRS. RADHA NARAYAN AGED ABOUT 81 YEARS, W/O K.NARAYAN, RESIDING AT AMRUT NAGAR CIRCLE, A-201, NIKITA, GHATKOPAR (WEST), MUMBAI M.H. - 400 086. …PETITIONER (BY SRI. RAKESH KINI.,ADVOCATE) AND: 1. MANGALORE CITY CORPORATION LALBAGH, MANGALURU - 575 001. REPRESENTED BY ITS COMMISSIONER 2. THE COMMISSIONER, MANGALORE CITY CORPORATION, MANGALURU - 575 001. 3. MANGALURU URBAN DEVELOPMENT AUTHORITY, URWA STORE, ASHOK NAGAR POST, MANGALURU - 575 006. REPRESENTED BY ITS COMMISSIONER 4. URBAN DEVELOPMENT OFFICER, MANGALURU URBAN DEVELOPMENT AUTHORITY, URWA STORE, ASHOK NAGAR POST, MANGALURU - 575 006. Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12573 WP No. 23430 of 2025 5. COMMISSIONER, MANGALURU URBAN DEVELOPMENT AUTHORITY, URWA STORE, ASHOK NAGAR POST, MANGALURU - 575 006. 6. MR. K. SUDHAKARA SHETTY, S/O. NOT KNOWN, AGE NOT KNOWN, ADDRESS: 401 B, NARMADA APTS, ABAKKA NAGARA, KOTTARA, MANGALURU - 575 006. 7. NARMADA APARTMENTS OWNERS ASSOCIATION, ADDRESS: 401 B, NARMADA APTS, ABAKKA NAGARA, KOTTARA, MANGALURU - 575 006. REPRESENTED BY PRESIDENT THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972. …RESPONDENTS (BY SRI. K V NARASIMHAN.,ADVOCATE FOR R1 AND R2; SRI. HAREESH BHANDARY.,ADVOCATE FOR R3 TO R5; R6 AND R7 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICELS 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.05.2025 IN NO. NAYOVI. CR. 03/2025-26/F14, PASSED BY THE RESPONDENT NO.1 (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:12573 WP No. 23430 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner requested respondent No.3 for plan sanction to develop her property and the same was granted. However, the same has been subsequently withdrawn on the ground that, apart from the property that the petitioner has already relinquished, she is also required to leave certain area for future widening of the road. 2. The petitioner has no objection to leave the same for future widening of the road. However, it is contented that she is entitled for compensation if the said portion is acquired by the authorities concerned for road widening, as the said portion is over and above what the petitioner is required to relinquish in favour of respondent No.2 as of now. 3. The learned counsel for respondent No.2 submits that, as of now, they are not in requirement of - 4 - HC-KAR NC: 2026:KHC:12573 WP No. 23430 of 2025 that portion of the property of the petitioner which respondent No.3 is insisting should be left for future widening of the road. However, he submits that, as and when it is required, the same shall be acquired in the manner known to law. 4. The learned counsel for the petitioner submits that he has no objection for the same. He further submits that the petitioner will furnish a revised plan to respondent No.3, leaving the required portion where he undertakes not to put up any construction and prays that a direction may be issued to respondent No.3 to consider and approve the modified plan in accordance with law. 5. The learned counsel for respondent No.3 submits that, if such a revised plan is submitted by the petitioner, the same shall be considered in accordance with law and appropriate approval will be granted. Hence, the following: - 5 - HC-KAR NC: 2026:KHC:12573 WP No. 23430 of 2025 ORDER i. The Writ Petition is hereby disposed of. ii. The petitioner is given the liberty to submit a revised plan, as stated above by her, to respondent No.3. iii. Upon receipt of the same, respondent No.3 shall take a decision on the same within a period of four (04) weeks thereafter. iv. Pending I.A.s, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 20