THE HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ
NATIONAL CENTRE FOR BIOLOGICAL SCIENCES (NCBS) – Appellant
Versus
THE COMMISSIONER – Respondent
WP 18837/2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18837 OF 2022 (LB-BMP)
BETWEEN:
NATIONAL CENTRE FOR BIOLOGICAL SCIENCES (NCBS)
TATA INSTITITUTE OF FUNDAMENTAL RESEARCH BANGALORE LIFE SCIENCES CLUSTER CAMPUS, GKVK BELLARY ROAD BENGALURU-560 065, REP. BY ITS HEAD ADMINISTRATION AND FINANCE SRI G RAVI SHANKAR …PETITIONER (BY SRI.UDAYA HOLLA, SR. ADVOCATE FOR SRI. VIVEK HOLLA, ADVOCATE)
AND:
1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE J C ROAD, BANGALORE-560 001 2. THE EXECUTIVE ENGINEER SWD YELAHANKA ZONE Digitally signed BRUHAT BANGALORE by SHWETHA RAGHAVENDRA MAHANAGARA PALIKE Location: HIGH J C ROAD, BANGALORE-560 001 COURT OF …RESPONDENTS KARNATAKA (BY SRI. JAGADEESWARA N R., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DECLARE THAT THE ACTION OF THE BRUHAT BANGALORE MAHANAGARA PALIKE IN DEMOLISHING THE COMPOUND WALL AND CONCRETE BOX DRAIN CONSTRUCTED BY THE PETITIONER ON THE SCHEDULE PROPERTY BELONGING TO IT IS WHOLLY ILLEGAL, BEING CONTRARY TO LAW.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs;
i. Declare that the action of the Bruhat Bangalore Mahanagara Palike in demolishing the compound wall and concrete box drain constructed by the Petitioner on the schedule property belonging to it is wholly illegal, being contrary to law;
ii. Direct Bruhat Bengaluru Mahanagara Palike to reconstruct the compound wall as well as part of the concrete box drain which was demolished by it at their own cost forth with;
iii. Issue a writ or prohibition or any other writ, order or direction directing the Bruhat Bengaluru Mahanagara Palike or its officials, servants or anyone claiming through or under it from in any way trespassing into or demolishing any portion of the existing compound wall as well as buildings put up on the schedule property;
iv. Grant such other and further reliefs as are just, including the costs of the present petition.
2. The petitioner National Center for Biological Sciences (“NCBS”) is a part of the Tata Institute of Fundamental Research (“TIFR”) which is a trust registered under the Bombay Trust Act being autonomous institute being run under the aegis of the Department of Atomic Energy, Government of India, suffice it to say, that the petitioner is a government of India undertaking. The petitioner has established a campus in the GKVK/UAS campus, over land measuring Survey No.10/3, Chikkabomassandra Village, Yelahanka New Town, Bangalore. Wherein laboratory, hostel and housing for faculty and staff have been established.
3. The respondents contending that there is a Rajakaluve in a portion of the land in Survey No.10/3 measuring around 15 guntas had issued a notice on 20.06.2020 and thereafter went ahead and demolished the compound wall and drain which had been constructed by the petitioner in its property. The photographs of which have been produced at Annexure-G series. It is challenging said actions on the part of the respondent, that the petitioner is before this Court seeking for the aforesaid reliefs.
4. The submission of Sri.Udaya Holla., learned Senior counsel is that;
4.1. The claim made by the Bruhat Bengaluru Mahanagara Palike as regards the existence of a Rajakaluve when it is not shown in the revised master plan and/or the earlier CDP cannot be countenanced in law or fact. When there is no such Rajakaluve which has been shown, the respondents cannot claim that there is any Rajakaluve and without giving opportunity to the petitioner, the respondents could not have in a high-handed manner demolished the compound wall and the drain which had been constructed within the property of the petitioner, contending that the said drain is a Rajakaluve.
4.2. In this regard, he r
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