Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 23902 (KAR)

SMT. MAHADEVAMMA v. THE CHIEF COMMISSIONER

WA/1100/2026 · 2026-06-16

D K Singh, T M Nadaf

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:29379-DB WA No. 1100 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1100 OF 2026 (LB-BMP) BETWEEN: 1. SMT. MAHADEVAMMA, W/O LATE. SRI. BASAVARAJ, AGED ABOUT 62 YEARS, RESIDING AT BEHIND OLD POST OFFICE, GOTTIGERE VILLAGE, BANNERGHATTA MAIN ROAD, 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. …APPELLANTS (BY SRI. SANDEEP LAHIRI., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER, GREATER BENGALURU AUTHORITY, FORMERLY BRUHAT BENGALURU MAHANAGARA PALIKE AT N.R SQUARE, BENGALURU - 560 002. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29379-DB WA No. 1100 of 2026 2. THE COMMISSIONER, GREATER BENGALURU AUTHORITY, (BENGALURU SOUTH CITY CORPORATION) SOUTH ZONE, AT BBMP COMPLEX, 9TH CROSS, 9TH MAIN, 2ND BLOCK, JAYANAGAR, BENGALURU - 560 011. 3. THE ADDITIONAL COMMISSIONER (DEVELOPMENT) GREATER BENGALURU AUTHORITY, (BENGALURU SOUTH CITY CORPORATION) SOUTH ZONE, AT BBMP COMPLEX, 9TH CROSS, 9TH MAIN, 2ND BLOCK, JAYANAGAR, BENGALURU - 560 011. 4. EXECUTIVE ENGINEER, GREATER BENGALURU AUTHORITY, (BENGALURU SOUTH CITY CORPORATION) FORMERLY BRUHAT BENGALURU MAHANAGARA PALIKE BOMMANAHALLI DIVISION, 2ND FLOOR, 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) - 3 - HC-KAR NC: 2026:KHC:29379-DB WA No. 1100 of 2026 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.B.S.KARTHIKEYAN, ADVOCATE FOR R1 TO R7) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED:26.02.2026 PASSED BY THE LEARNED SINGLE JUDGE IN WP No.5958/2026 (LA-GBA) AND CONSEQUENTLY ALLOW WRIT PETITION IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF - 4 - HC-KAR NC: 2026:KHC:29379-DB WA No. 1100 of 2026 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra-Court appeal has been filed impugning the order dated 26.02.2026 passed by the Writ Court in W.P.No.5958/2026. 2. The petitioner-appellant had filed the Writ Petition seeking following prayer: "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.P.A (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 Mater Plan (Annexure-C); c. Issue a Writ of Mandamus or any other writ, order or direct Respondent No.7 to remove any obstruction/s constructions - 5 - HC-KAR NC: 2026:KHC:29379-DB WA No. 1100 of 2026 and permit the Petitioners to use the road abutting Gottigere Lake as motorable access road for ingress and egress to their respective schedule properties until the formation of 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." 3. The Writ Court while disposing of the Writ Petition, from Paragraphs No.7 to 9 opined as under: "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 - 6 - HC-KAR NC: 2026:KHC:29379-DB WA No. 1100 of 2026 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 work out his remedies in accordance with law in respect of any claimed easementary rights, the writ petition stands disposed of. 4. We find no reason to interfere with the order passed by the Writ Court. The Writ Appeal sans merits and is accordingly, dismissed. 5. In view of dismissal of the Writ Appeal, pending interlocutory applications, if any, stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 17