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2026 Supreme(Online)(Kar) 5371

THE HIGH COURT OF KARNATAKA
K S HEMALEKHA
DR G V PALAKSHA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 20701/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 20701 OF 2025 (BDA-)

BETWEEN:

1. DR. G.V. PALAKSHA AGED ABOUT 60 YEARS, S/O LATE G.T. VENKATASWAMY REDDY, RESIDING AT NO.1141, 21ST CROSS, SECTOR-03, HSR LAYOUT, BENGALURU-560102.

2. MR. G.V. CHANDRASHEKAR, AGED ABOUT 57 YEARS, S/O LATE G.T. VENKATASWAMY REDDY, RESIDING AT NO.335, 9TH MAIN, 4TH PHASE, DOLLARS COLONY, J.P. NAGAR, BANGALORE-560078.

...PETITIONERS (BY SMT. KALIGOTLA NITYA, ADVOCATE)

AND:

MANJANNA E 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, Digitally signed by VIDHANA SOUDHA, BENGALURU-560001 MANJANNA E Location: HIGH COURT REPRESENTED BY ITS SECRETARY.

OF KARNATAKA D D H at A e: R 2 W 0 A 2 D 6. 0 B 2 E . N 13 CH

12:20:33 +0530

2. BENGALURU DEVELOPMENT AUTHORITY THROUGH ITS CHIEF COMMISSIONER, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560020.

3. EXECUTIVE ENGINEER – EAST DIVISION BANGALORE DEVELOPMENT AUTHORITY HSR BDA COMPLEX, BENGALURU-560102.

…RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1;

SRI M.H. HANEEF, ADVOCATE FOR R-2 & R-3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE RELINQUISHMENT DEED DATED 04.06.2014 REGISTERED AS DOCUMENT NO.727/2014-2015, PRODUCED AT ANNEXURE-‘A’ TO THE EXTENT OF 531.487 SQUARE METRES (REFLECTED AS R18) THEREIN; CONSEQUENTLY, ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENTS NOS.2 AND 3 TO RECONVEY THE RELINQUISHED PROPERTY IN FAVOUR OF THE PETITIONERS AND ISSUE A MODIFIED SANCTION PLAN AND ETC.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 09.01.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

CAV ORDER

The petitioners are seeking the following reliefs: “(a) Issue a writ of certiorari quashing the Relinquishment Deed dated 04.06.2014 registered as document No.727/2014-2015, produced at Annexure 'A' to the extent of 531.487 square metres (reflected as R18) therein;

(b) Consequently, issue a writ of mandamus directing Respondents No.2 and 3 to reconvey the Relinquished Property in favour of the Petitioners and issue a modified sanction plan;

(c) In the alternative, issue a writ of mandamus, directing Respondents No.2 and 3 to grant transferable development rights to the Petitioners as specified under Section 14-B of the Karnataka Town and Country Planning Act, 1961 in lieu of compensation for having acquired the Relinquished Property.

d) Grant such other reliefs to the Petitioners as may be deemed just, in the facts and circumstances of the case.” Brief facts:

2. The petitioners are the owners/developers of the lands for which a residential layout approval was sought from the Planning Authority. While sanctioning the layout, the petitioners were required to execute a relinquishment deed dated 04.06.2014, relinquishing various portions of the land. Out of the land so relinquished, an extent of 531.487 square meters, shown as Road No.R-18 in the road schedule appended to the relinquishment deed, is specifically earmarked in the sanctioned layout plan as an area for a Comprehensive Development Plan (CDP) road. The said land is situated at the periphery of the layout and does not form part of the internal layout roads, parks or open spaces or civic amenity sites. The petitioners state that the said relinquishment was exclusively for formation / widening of a CDP road and not towards the internal layout roads, parks or civic amenity sites and the denial of Transferable Development Rights (TDR) is illegal and violative of Article 300A of the Constitution. The petitioners submitted a representation seeking grant of TDR for the said extent. The same was not acceded to and hence, the present writ petition.

3. Heard Smt. Kaligotla Nitya, learned counsel for the petitioners, Sri Harish A.S., learned AGA for respondent No.1 and Sri M.H. Haneef, learned counsel for respondent Nos.2 and

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