INDIAN INSTITUTE OF PLANTATION MANAGEMENT Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner, a registered society is a lessee of respondent No.3-Bengaluru University and the petitioner has established an institution/campus in the leased premises. The premises of the petitioner also comprises of hostel for the students. The petitioner filed this writ petition being aggrieved of the fact that a proposal was made by the respondent-BBMP to form an underpass and a service road and such proposal would affect the ingress and egress to the petitioner institution/hostel. During the course of this proceeding, several communications have taken place between the parties and concerned engineers of the BBMP have met the authority of the University and on the last occasion, an affidavit of the Executive Engineer, Road Infra, RR Nagar Division, BBMP was filed along with sketch and photographs.

(2.) Learned counsel for the respondent-BBMP has submitted that the affidavit has been filed after the concerned authority of the University and officers of the petitioner institution were consulted and it was clarified to them that the main entrance of the petitioner institution only will be shifted a little bit towards inside and ingress and aggress to the main road will not affect anyway. The sketch was also produced to show as to how the ingress and egress to the petitioner institution/hostel will be shifted inside and it will not be affected. However, learned counsel for the petitioner had sought for a short accommodation to secure instruction from the petitioner.

(3.) Today, Learned counsel for the petitioner submits that the respondent-Executive Engineer, Road Infra, RR Nagar Division, BBMP has assured the petitioner and the respondent No.3-University that the works that would be undertaken at the hands of the BBMP shall not affect in any manner the ingress and egress of the petitioner institution to the main road. Therefore, it is submitted that the writ petition may be disposed of, reserving liberty to the petitioner institution that if for some reason the action of the BBMP would affect any right of the petitioner, the petitioner institution may be permitted to approach this Court.