NAGARBHAVI PROPERTY OWNERS AND BUSINESS ESTABLISHMENTS WELFARE ASSOCIATION (REGD) v. UNION OF INDIA
WP/2806/2026 · 2026-02-02
C M Poonacha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 46511 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 46511 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:5621-DB WP No. 2806 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 2806 OF 2026 (GM-RES) BETWEEN:
1.
NAGARBHAVI PROPERTY OWNERS AND BUSINESS ESTABLISHMENTS WELFARE ASSOCIATION (REGD) OFF/AT NO. #4 SHANKARA COMPLEX SRI ANJANI GLASS AND PLYWOODS PAPAREDDY PALYA, 80 FEET ROAD NAGARABHAVI 2ND STAGE BENGALURU - 560 072 (REP. BY SECRETARY - K. GIRISH GOWDA) (AN ASSOCIATION REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT 1960) …PETITIONER (BY SRI AMARANATHAN A.V., ADVOCATE) AND:
1.
UNION OF INDIA MINISTRY OF HOUSING AND URBAN AFFAIRS (MOUHA) NIRMAN BHAVAN NEW DELHI - 110 011 (REP. BY SECRETARY)
2.
STATE OF KARNATAKA URBAN DEVELOPMENT OF DEPARTMENT ROOM NO. 436 VIKASA SOUDHA BANGALORE - 560 001 (REP. BY ITS ADDITIONAL CHIEF SECRETARY)
Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:5621-DB WP No. 2806 of 2026
3.
BENGALURU METRO RAIL CORPORATION LTD (BMRCL) 3RD FLOOR, BMTC COMPLEX K.H. ROAD, SHANTINAGAR BENGALURU - 27 (REP. BY MANAGING DIRECTOR)
4.
BENGALURU URBAN DISTRICT TREE AUTHORITY ARANYA BHAVAN, 18TH CROSS MALLESHWARAM BENGALURU 560003 (REP. BY THE CHAIRPERSON)
5.
KARNATAKA FOREST DEPARTMENT ARANYA BHAVAN, 18TH CROSS MALLESHWARAM BENGALURU - 560 003 (REP. BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS) …RESPONDENTS (BY SRI MUKUND PRASAD, CGC FOR R-1;
SMT. NILOUFER AKBAR, AGA FOR R-2, 4 & 5)
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 APPROPRIATE WRIT DIRECTING THE RESPONDENTS TO CONTINUE THE ORIGINAL PLAN OF CONSTRUCTING THE METRO RAIL ON OUTER RING ROAD FROM DWARAKA NAGAR STATION TO CHOWDESHWARI NAGAR STATION, INSTEAD OF DEVIATING FROM NAGARBHAVI CIRCLE TO SUMMANHALLI CROSS VIA VINAYAKA LAYOUT, PAPIRREDDYPALY AND BDA COMPLEX NAGARBHAVI, WHICH CAUSES CUTTING OF MORE THAN 600 TREES, DEMOLITION OF RESIDENTIAL AND COMMERCIAL BUILDINGS & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:5621-DB WP No. 2806 of 2026
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. Issue notice.
2. Mr.Mukund Prasad, the learned Central Government Counsel accepts notice for respondent No.1.
3. Smt.Niloufer Akbar, the learned Additional Government Advocate accepts notice for respondent Nos.2, 4 and 5.
4. The petitioner has filed the present petition as a public interest litigation, inter alia, praying as under:
"a) Directing the respondents to continue the original plan of constructing the metro rail on outer ring road from Dwaraka Nagar station to Chowdeshwari Nagar station, instead of deviating from Nagarabhavi circle to Summanhalli cross via Vinayaka layout, Papireddypalya and BDA complex, Nagarbhavi, which causes cutting of more than 600 trees, demolition of residential and commercial buildings.
b) Direct the respondents to cancel the alternate route plan from Nagarbhavi circle to
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HC-KAR NC: 2026:KHC:5621-DB WP No. 2806 of 2026
Summanhalli cross via Vinayka layout, Papireddypalya and BDA complex Nagarbhavi,
c) And pass such other others as this Hon'ble Court may deems fit in the
facts and circumstances of the case, in the interest of equity and justice."
5. The petitioner is essentially aggrieved by the alignment of the proposed construction of the metro rail. It is contented that the re-alignment of metro line in Nagarbhavi would seriously impact the green cover and would require more than 600 trees to be felled. In addition, more than 600 houses would also be demolished. The petitioner has also furnished a Rapid Environmental Impact Assessment as Annexure-B to the said petition. The photographs have also been enclosed showing that various trees which would be destroyed. The petitioner contends that maintaining the metro line in the outer region would avoid such environmental damage.
6. We do not consider it apposite to entertain a public interest litigation for examining the route of a metro line. It is for the concerned authorities to determine the same. The determination of the route of a metro line would require consideration of
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HC-KAR NC: 2026:KHC:5621-DB WP No. 2806 of 2026
various factors including the number of commuters it would serve. However, considering that the petitioner has annexed a report regarding the impact on the environment, we consider it apposite to direct the respondents to consider the same.
7. The petition is disposed of with the aforesaid directions.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C.M. POONACHA) JUDGE
KPS List No.: 2 Sl No.: 17