The impugned requirement to surrender properties for road widening as a precondition for building plan approval violated property rights under Article 300A of the Constitution of India and the Karnataka Town and Country Planning Act, 1961.

ORDER

1. Since the issues involved in these writ petitions are similar, the same are taken up together for disposal by common order.

WP No.9408/2020:

2. The petitioner is the owner of property bearing No.79/2 PID No.4308/79/2 measuring 12.08 guntas (13156 sq.ft.) situated in Yeshwvanthpura Hobli, Herohalli, Magadi Road, Bengaluru and out of which, an extent of 235.8 sq. meters (2538 sq.ft.) is earmarked for the purpose of widening of road in future in the revised Master Plan 2015.

3. The petitioner who intends to develop the property for the purpose of construction of the hospital submitted an application with the respondent - BBMP so as to sanction the building plan. The respondent - BBMP issued an endorsement stating that the application submitted by the petitioner for sanctioning of the building plan will be processed only upon the petitioner surrendering the property earmarked for the purpose of widening of road in the master plan free of cost. Hence, this petition.

WP No. 14975/2021:

4. The petitioner is the owner of land bearing site No.23, BBMP Katha No.23, PID No.54-89-23 situated at 100 ft. Ring Road 5th block, 3rd Phase extension, Banashankari III Stage, Bengaluru measuring 3952 sq.ft. and out of which, an extent of 111 sq.meters is earmarked for the purpose of widening of road in future in the revised Master Plan 2015.

5. The petitioner who intends to develop the property for the purpose of construction of a building consisting of basement + ground floor + first floor and second floor submitted an application with the respondent - BBMP so as to sanction the building plan. The respondent - BBMP issued an endorsement stating that the application submitted by the petitioner for sanctioning of the building plan will be processed only upon the petitioner surrendering the property earmarked for the purpose of widening of road in the master plan free of cost. Hence, this petition.

WP No.19736/2021:

6. The petitioner is the absolute owner of land bearing Sy.No.18/1C/1A/C1/A3 measuring 8 guntas situated at Doddakannalli village, Virthur Hobli, Bengaluru East Taluk, Bengaluru, out of which 152.40 sq.ft. is earmarked for widening of the road.

7. The petitioner who intends to develop the property for commercial purposes submitted an application with the respondent - BBMP for sanctioning of the building plan. The respondent - BBMP issued an endorsement stating that the application submitted by the petitioner for sanctioning of the building plan will be processed only upon the petitioner surrendering the property earmarked for the purpose of widening of road in the master plan free of cost. Hence, this petition.

WP No.19737/2021:

8. The petitioner is the owner of property bearing Sy.No.82/2 in Ward No.72, Khatha bearing No. 134/4860/82/1/2 situated at Herohalli village, Yeshwanthapura Hobli, Bengaluru North Taluk admeasuring 10,000 sq.ft. (50 sq.ft x 200 sq.ft.) out of which 109.91 sq. meters is earmarked for widening of road in the revised Master Plan, 2015.

9. The petitioner who intends to develop the property to construct a building consisting of ground + 2 floors submitted an application with the respondent - BBMP for sanctioning the building plan. The respondent - BBMP issued an endorsement stating that the application submitted by the petitioner for sanctioning of the building plan will be processed only upon the petitioner surrendering the property earmarked for the purpose of widening of road in the master plan free of cost. Hence, this petition.

WP No. 14095/2021:

10. The petitioner is the owner of the property bearing Old No.32 and new Municipal Nos.32, its PID No.62-117-32, 32/1 its PID No.62-117-32/1 and 32/2 its PID No.62-117-32/02 present Municipal No.32 having its PID No.62-117-32 (in Ward No. 145 Homebody Nagara) situated at 10th Cross, Wilson Garden Park Area, Bangalore-27 in all measuring 2600 sq.ft. out of which an extent of 719 sq.ft. is earmarked for widening of road in the revised master plan.

11. The petitioner submitted a