J.V. VENKATESH Vs. COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) PREFACE:- This Writ Appeal is filed under Sec. 4 of the Karnataka High Court Act, 1961, challenging the order dtd. 07/11/2024 passed by the Learned Single Judge in W.P. No.8405/2024 (BDA). The Appellants, who were the petitioners before the Learned Single Judge, sought to quash the order dtd. 05/03/2024 issued by Respondent No.1, the Bangalore Development Authority (hereinafter referred to as 'BDA'), and for a direction to Respondents No.1 and 2 to implement Resolution No.133/2019 dtd. 17/01/2020 and 18/01/2020. The Learned Single Judge dismissed the Writ Petition, holding that the Appellants failed to demonstrate infringement of their rights or violation of law. Being aggrieved by the said dismissal, the Appellants are before this Division Bench.

(2.) The factual narrative leading to the present appeal is intricate and spans over two decades, involving multiple rounds of litigation and administrative decisions. The Appellants are the owners of 3 acres of land in Sy. No.1A, Block 11, Jakkur Plantation Village, Yelahanka Hobli, Bengaluru North Taluk (hereinafter referred to as 'Appellants' land'). This land is admittedly surrounded by lands belonging to Respondent No.3, measuring approximately 25 Acres 16 Guntas in Sy. No.1A and 1B of the same village. The primary dispute revolves around the provision of adequate access to the Appellants' land from the main road.

(3.) Learned Counsel for the Appellants vehemently contended that the order of the Learned Single Judge is erroneous and unsustainable both in law and on facts. The core of their arguments can be summarized as follows: