- 1 - HC-KAR NC: 2026:KHC:32142 WP No. 18290 of 2026 C/W WP No. 16760 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 18290 OF 2026 (LB-RES) C/W WRIT PETITION NO. 16760 OF 2026 (LB-RES) IN WP No. 18290/2026 BETWEEN: M/S D S ADS PRIVATE LIMITED REPRESENTED BY ITS GENERAL MANAGER S/O SAM GEORGE, AGED ABOUT 39 YEARS, FIRST FLOOR, KHANESHUMARI NO.22, ABOVE SURYA BAKERY, DOMMASANDRA, BENGALURU DISTRICT. …PETITIONER (BY SRI. P.P. HEGDE., SENIOR ADVOCATE FOR SMT. SARITHA A L., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATRAJ, MS BUILDING, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32142 WP No. 18290 of 2026 C/W WP No. 16760 of 2026 BENGALURU 560 001. 2. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA NAGASANDRA, BENGALURU 560073. 3. THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAY AUTHORITY, HEBBAL, BENGALURU 560073. 4. THE GRAM PANCHAYAT, ANNESHWAR, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110 REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER. …RESPONDENTS (BY SRI.BOPANNA BELLIAPPA., AGA FOR R1; SMT. SHILPA SHAH., ADVOCATE FOR R2 & R3; SRI. M.S. DEVARAJU., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASHING LETTER DATED 30/05/2026 IN NO. LAW/ARB/NH-44(OLD NO. 07) /HY.B./CR/0/2026-27 ISSUED BY THE SPECIAL LAND ACQUISITION OFFICER AND COMPTENET AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA, HEBBAL, BENGALURU, A COPY OF WHICH IS PRODUCED AT ANNX-L; II) DIRECTION QUASH INTIMATION LETTER DATED 10.6.2026 IN - 3 - HC-KAR NC: 2026:KHC:32142 WP No. 18290 of 2026 C/W WP No. 16760 of 2026 NO.AA.GRA.PAM.112/2026-27 ISSUED BY THE PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT, ANNESHWAR, A COPY OF WHICH IS PRODUCED AT ANNEXURE-M; III) DIRECT, THE RESPONDENTS NOT TO OBSTRUCT THE WORK OF THE PETITIONER IN LAYING ADVERTISEMENT AND OF UDAYAGIRI VILLAGE, HOARDINGS IN SY.NO.1 DEVANAHALLI TALUK. IN WP NO. 16760/2026 BETWEEN: M/S D S ADS PRIVATE LIMITED REPRESENTED BY ITS GENERAL MANGAR SRI S G AMAL REGAN S/O SAM GEORGE AGED ABOUT 39 YEARS, FIRST FLOOR, KHANESHUMARI NO.22, ABOVE SURYA BAKERY, DOMMASANDRA 562125, BENGALURU DISTRICT. ...PETITIONER (BY SRI. P.P. HEGDE., SENIOR ADVOCATE FOR SMT. SARITHA A L.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, - 4 - HC-KAR NC: 2026:KHC:32142 WP No. 18290 of 2026 C/W WP No. 16760 of 2026 DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATRAJ, MS BUILDING, BENGALURU 560 001. 2. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, NAGASANDRA, BENGALURU 560073. 3. THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAY AUTHORITY, HEBBAL, BENGALURU 560024. 4. THE GRAM PANCHAYAT, ANNESHWAR, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT 562110 REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER. ...RESPONDENTS (BY SRI.BOPPANNA BELLIAPPA., AGA FOR R1; SMT. SHILPA SHAH., ADVOCATE FOR R2 & R3; SRI. M.S. DEVARAJU., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 1.6.2026 SUBMITTED TO THE RESPONDENTS NO.2 AND 3, COPIES OF WHICH RESPECTIVELY MARKED AS ANNEXURE-G AND H AND TILL THEN NOT TO INTERFERE WITH THE WORK OF THE PETITIONER IN LAYING THE ADVERTISEMENT HOARDINGS IN SY.NO.1 OF UDAYAGIRI VILLAGE, DEVANAHALLI TALUK. - 5 - HC-KAR NC: 2026:KHC:32142 WP No. 18290 of 2026 C/W WP No. 16760 of 2026 THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The common petitioner has approached both the National Highway Authority of India [the NHAI] and the jurisdictional Village Panchayat [the Panchayat] for requisite permissions/ sanctions/ approvals to construct a hoarding in an area beyond a Right of Way [ROW] abutting the National Highway No.44. The petition in W.P.No.16760/2026 is for directions to the NHAI to consider the representations for consideration of such application, but it is now stated in unison that this writ petition is rendered infructuous because of the subsequent events including issuance of the Communication dated 30.05.2026, which is impugned in W.P.No.18290/2026. The NHAI, by this Communication dated 30.05.2026, has withdrawn the Endorsement dated 19.12.2025. This - 6 - HC-KAR NC: 2026:KHC:32142 WP No. 18290 of 2026 C/W WP No. 16760 of 2026 Endorsement is issued opining in favour of the approval for the construction of thes hoarding. 2. This Court, on 19.06.2026, while considering the petitioner’s request for an interim order, has observed thus: “At this stage, this Court must observe that if the petitioner is permitted to begin construction for a hoarding based on the Endorsement dated 19.12.2025 issued on behalf of NHAI only to be withdrawn later, it would be imperative for the NHAI to place on record a copy of the Report that is mentioned in the Endorsement dated 19.12.2025 and the comments if any, even if these comments were to be post the Letter dated 30.05.2026. This would be necessary in this Court's opinion for complete adjudication as would be the NHAI's response on the petitioner's case that it is being denied the permission to construct hoarding at a place where others in the vicinity are being permitted for the same.” - 7 - HC-KAR NC: 2026:KHC:32142 WP No. 18290 of 2026 C/W WP No. 16760 of 2026 In response, the NHAI has filed its Statement of Objections with certain annexures including the mahazar drawn and sketch after inspecting the property where the petitioner has begun construction of a pedestal for the hoardings. The Mahazar, the Reports and the Sketch are produced as Annexures - R4, R5, R6 and R7. The NHAI asserts that its Special Land Acquisition Officer does not have the Authority to issue the Endorsement dated 19.12.2025. 3. The petitioner wants this Court to decide on whether the NHAI could have issued the Communication dated 30.05.2026 after issuing Endorsement dated 19.12.2025 and the NHAI wants this Court to lay down that no person can erect or construct a hoarding on any side of a highway within the Right of Way [ROW], and that even if approval is granted on terms, the concerned must take necessary permission from the jurisdictional authority. Sri. M. S. Devaraju, a learned standing counsel for the - 8 - HC-KAR NC: 2026:KHC:32142 WP No. 18290 of 2026 C/W WP No. 16760 of 2026 Panchayat, Smt. Shilpa Shah, the learned counsel for the NHAI, and Sri Bopanna Belliappa, the learned Additional Government Advocate for the first respondent, as also Sri P.P.Hegde, the learned Senior Counsel for the petitioner, are heard on these two aspects. 4. On the aspect presented on behalf of the petitioner, this Court must observe that no right can be inferred from the Endorsement dated 19.12.2025 for multiple reasons, including the dispute over the area where the petitioner has begun construction. The NHAI asserts that the petitioner’s application is for a particular area, and the actual construction is in another area. There could be a response on this, but the fact that there is room for an assertion of this kind persuades this Court to opine that no vested interest can be inferred from the Endorsement dated 19.12.2025 in favour of the petitioner especially when - 9 - HC-KAR NC: 2026:KHC:32142 WP No. 18290 of 2026 C/W WP No. 16760 of 2026 this assertion is made after a joint inspection with the petitioner’s participation. 5. The controversy is brought out in a Sketch [Annexure – R7]. The sketch reads as under. The area as mentioned in the petitioner’s application, according to the NHAI, is shown in ‘Orange” and the - 10 - HC-KAR NC: 2026:KHC:32142 WP No. 18290 of 2026 C/W WP No. 16760 of 2026 actual construction by the petitioner is in the adjacent area within the ROW Area. 6. The other aspect for this Court’s consideration is the terms upon which the petition in W.P.No.18290/2026 must be disposed of. This is because the NHAI contends that the petitioner must again approach it and then get approval from the Grama Panchayat. The petitioner, as a person proposing to construct hoardings, cannot contend that approval from the NHAI for such construction would be unnecessary, and this stands out with the petitioner itself approaching the NHAI resulting in the Endorsement dated 19.12.2025. The NHAI is also categorical in stating that it is actively pursuing action against those who have constructed hoardings without approvals or contrary to the approvals. This Court, in view of these two reasons and discussion on the change in the location, is of the view that notwithstanding the Endorsement dated 19.12.2025 - 11 - HC-KAR NC: 2026:KHC:32142 WP No. 18290 of 2026 C/W WP No. 16760 of 2026 and the Communication dated 30.05.2026 [Annexure- L], the petitioner must once again apply with the concerned from the NHAI. 7. As such, the petitioner must be at liberty once again to file an application with the Project Director, NHAI [the second respondent] in W.P.No.18290/2026 giving all the details of the location of the proposed hoarding tower, the measurement of the hoarding proposed and every other specification that would be necessary in law and as called for by NHAI for grant of approval. The petitioner must be at liberty to file the first set of details within two [2] weeks from today, and the Project Director, NHAI must call for any further information within two [2] weeks from the date of receipt of the first set of information filed by the petitioner. 8. This Court also concludes that the Project Director, NHAI shall once again conduct a survey of - 12 - HC-KAR NC: 2026:KHC:32142 WP No. 18290 of 2026 C/W WP No. 16760 of 2026 the location as now proposed with the participation of an officer nominated by the office of the jurisdictional Tahsildar and the petitioner’s representative and communicate the decision on approval at the earliest but not later than eight [8] weeks from today. If NHAI permits the petitioner to construct hoardings, the petitioner shall be entitled to the benefit of the amount remitted to the Grama Panchayat in terms of the receipt dated 09.04.2026. As such, the petition in W.P.No.16760/2026 is disposed of as having become infructuous, and the petition in W.P.No.18290/2026 stands disposed of with the above directions. Sd/- (B M SHYAM PRASAD) JUDGE SA Ct:sr