Reserved on : 26.03.2026 Pronounced on : 08.04.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08^TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 849 OF 2025 (LA-UDA)

BETWEEN:

THE TUMKUR URBAN DEVELOPMENT AUTHORITY, BELAGUMBA ROAD, TUMKUR - 572 102.

BY ITS COMMISSIONER.

…APPELLANT (BY SRI.T.P.VIVEKANANDA, ADVOCATE)

AND:

Digitally signed by

1. STATE OF KARNATAKA REKHA R REPRESENTED BY ITS SECRETARY TO Location:

High Court REVENUE DEPARTMENT, of Karnataka VIKAS SOUDHA, BANGALORE - 560 001.

2. THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, MINI VIDHANA SOUDHA, TUMKUR - 572 101.

3. THE ASSISTANT LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER, TUMKUR SUB-DIVISION, TUMKUR - 572 101.

4. THE COMMISSIONER, TUMKUR MAHANAGARA PALIKE, TOWN HALL, TUMKUR - 572 101. 5. MR.SIKANDER, S/O.ABDUL REHAMAN SAB, AGED ABOUT 71 YEARS, PROPRIETOR OF DADAPEER SAW MILL, DIBBUR ROAD, GUBBI CHECK POST, TUMKUR - 572 102.

…RESPONDENTS (BY SRI.M.N.SUDEV HEGDE, AGA FOR R1 TO 3;

SRI.MOHAN.S, ADVOCATE FOR C/R5)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 14.02.2024 IN WRIT PETITION NO.677/2022 PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS THE WRIT PETITION No.677/2022.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT IS DELIVERED/ PRONOUNCED AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE T.M NADAF)

The Tumkur Urban Development Authority –

respondent No.4 in W.P.No.677/2022 is in appeal under Section 4 of the Karnataka High Courts Act, 1961, challenging the order dated 14.02.2024.

2. Under the impugned order, the Writ Court allowed the Writ Petition directing respondents 4 and 5 to pass necessary award and compensate the petitioner or owner of the property, which is the subject matter of the Writ Petition, which is used/ intended to be used for formation of the road.

3. The parties are referred to as per their ranking before the Writ Court.

4. The brief factual matrix leading to filing of this appeal are as under:

The petitioner approached the Writ Court contending that he is the owner of 29 Guntas of land in Sy.No.196/1 (new Survey Nos.196/11 and 196/3), Amanikere village, Kasaba Hobli, Tumkur Taluk, Tumkur District. He has submitted an application for sanction of plan for construction of residential house (single plot) on the said property. The fourth respondent vide order dated 08.08.2012 sanctioned the plan, however with a rider that the authorities were intending to widen the road which was in front of the property of the petitioner, a condition had been imposed on the petitioner that he should put up a compound after 75 feet from the centre of the road and thereafter to put up construction in accordance with law.

5. It is the case of the petitioner that subsequent to the sanctioned plan, a portion of his property has been earmarked for formation of road for which he would not be paid any compensation. He submits that he being the owner of the land, having the constitutional right under Article 300A, be compensated for use by the authority by adopting due process of law i.e., by means of acquiring the land and paying compensation. In that regard, he has submitted his representation, an Endorsement dated 20.09.2019 has been issued by respondent No.3 stating that his representation was forwarded to the Government for necessary instructions, however no instructions have been received, in that view of the matter his request has been kept in abeyance. As there has been no further communication, the petitioner has approached the Writ Court.

6. Before the Writ Court, the petitioner submitted that he had no objection for acquiring the portion of the land after paying the compensation for formation of the road. His relief was restricted with limited prayer for a direction to th