This intra court appeal has been filed against the order

dated 11.07.2017 passed by the learned Single Judge, by

which writ petition preferred by the appellant has been

disposed of. In order to appreciate appellant's grievance,

relevant facts need mention, which are stated infra.

2.

The appellant is the owner and is in possession of

the land bearing Sy.Nos.79, 80, 81, 82/182/2, 82/4,

83/5,57/2 and 57/3 totally measuring 17 acres 18 guntas

plus 1 acre 6 guntas, both situated at Yemare Village,

Sarjapur Hobli Anekal Taluk. The appellant obtained approval

on 10.11.2005 for developing a housing layout on an area

measuring 17 acres and 24 guntas of the aforesaid property

from the Bangalore Metropolitan Regional Developmental

Authority. Clause 11 of the Conditions imposed in the

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aforesaid order granting approval provides that internal roads

of the layout shall not be utilized in a manner so as to restrict

the access to neighboring lands. Anekal Development

Authority (hereinafter referred to as 'the Authority' for short)

approved the modified layout plan on 20.04.2011 for a

housing layout and issued commencement certificate. Clause

11 of the conditions imposed in the approval of modified

layout plan provides that from the roads of the developed

layout, existing access to the neighbouring lands shall not be

restricted.

3.

In pursuance of the commencement certificate,

the development was completed as per the modified layout

plan and houses were built by various persons who had

purchased the sites. The authority issued a notice on

06.03.2015 inter alia on the ground that compound wall

constructed

around

the

property

restricts

access

to

neighboring lands and therefore, the appellant has violated

the condition imposed in the commencement certificate. The

appellant was required to demolish the compound wall. The

appellant assailed the validity of the aforesaid notice in a writ

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petition viz., W.P.No.10602/2015. This court by an order

dated 16.09.2016 disposed of the writ petition with a

direction that notice dated 06.03.2015 be treated as show

cause notice and appellant was permitted to file a reply. The

authority was thereafter granted liberty to pass appropriate

orders.

4. The appellant filed objections to the notice dated

06.03.2015. The Authority passed an order on 02.11.2016

that the roads in the developed layout has been handed over

to the respondent. Therefore, the same are public roads and

from these roads, access to neighboring property should not

be prevented and the compound wall constructed by the

appellant was ordered to be demolished. The said order was

challenged by the appellant in a writ petition viz.,

W.P.No.61887/2016. The learned Single Judge in view of

statement made by learned counsel for the appellant,

disposed of the writ petition with the direction to the

appellant to remove the part of the compound wall from the

public road in question within a period of 15 days for allowing

the free entry and exit, ingress and egress on such public

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roads of approved layout plan. The authority was granted the

liberty to remove compound wall to the requisite extent at

the cost of the appellant. The learned Single Judge rejected

the application for impleadment of the proposed Respondent

No.2 to 7 as the writ petition itself was disposed of. In the

aforesaid factual background, this appeal has been filed.

5. Learned Senior Counsel for the appellant while

inviting the attention of this court to the application under

Order XLI Rule 27 for taking additional documents on record

submits that in the Village map, prepared by Superintendent,

Maps

Division

Survey

and

Land

Records,

Revenue

Department, Government of Karnataka, no public road has

been shown on the lands in question. Our attention has also

been invited to the master plan as well as concerned Google

map in support of aforesaid contention. It is also urged that

in a private layout, public roads cannot exist and public in

general cannot have access to the roads, which are

co