THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED COMMUNICATION DTD 30.09.2024 ISSUED BY THE R-1 BEARING NO. PRJ/9650/2021-22 (ANNEXURE-F) TO THE EXTENT THAT IT REQUIRES THE PETITIONER TO RELINQUISH 380.71 SQ.M., OF HIS PROPERTY IN FAVOUR OF THE RESPONDENT BBMP FOR THE PURPOSES OF ROAD WIDENING , WITHOUT PAYMENT OF ANY COMPENSATION TO THE PETITIONER IN LIEU OF SUCH RELINQUISHMENT AND ETC.

THIS WRIT PETITION COMING ON FOR ORDERS AND HAVING BEEN RESERVED FOR ORDERS ON 26.02.2026, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

CAV ORDER

1. The petitioner is before this Court seeking for the following reliefs:

a. Issue a writ of Certiorari quashing the Impugned Communication dated September 30, 2024 issued by the Respondent No.1, bearing No.PRJ/9650/2021-22 (Annexure-F), to the extent that it requires the petitioner to relinquish 380.71 sq.m., of his property in favour of the Respondent BMP for the purposes of road widening, without payment of any compensation to the petitioner in lieu of such relinquishment;

b. Issue a writ of mandamus directing the Respondent No. 1 to 3 to ensure that the process of relinquishment of the land by the petitioner to the Respondent BBMP towards road widening is carried out by following due process of law, including payment of suitable compensation to the petitioner in lieu of such relinquishment; and

c. Issue such other, writ, order or direction as this Hon’ble Court deems fit given the facts and circumstances of the case.

2. The petitioner claims to be the owner of residentially converted land measuring 2 acres and 4.5 guntas, equivalent to approximately 92,020.5 sq.ft., comprised in and forming part of Sy.No.49, presently bearing Municipal No.812/49 and PID No.25/812/49, situated at Thalagattapura Village, Kanakapura Road, Bengaluru South Taluk. The land was converted for residential purposes under Official Memorandum dated 25.11.2002. It is stated that the petitioner entered into a Joint Development Agreement ("JDA") dated 04.11.2023 with respondent No.4 – Jhanavi Heights Trishul LLP, registered as document No.BSK 1-09735-2023-24 in Book-I before the Senior Sub Registrar, Basavanagudi, whereunder respondent No.4 undertook development of a project known as "Jhanavi Alaska".

3. It is further stated that on 04.11.2023 the petitioner executed a General Power of Attorney in favour of respondent No.4, registered as document No.BSK-4-00378-2023-24 in Book-IV before the Senior Sub Registrar, Basavanagudi, Bengaluru, authorising respondent No.4 to represent him for the purpose of development of the project in terms of the JDA. Prior to execution of the JDA, the petitioner had obtained a building licence dated 31.12.2015 and a revised building licence dated 20.11.2017 for development of a commercial building over the subject property; however, the said development was not completed.

4. Consequent upon the change in the nature of development from commercial to residential pursuant to the JDA, the petitioner approached the respondent-BBMP seeking modification of the sanctioned plan to permit construction of a residential complex comprising two basements, ground floor and eleven upper floors containing 148 residential units. Pursuant to a demand raised towards plan sanction fees and other statutory charges, the petitioner is stated to have remitted a sum of Rs.1,33,34,095/- towards statutory fees, cess, labour cess and other applicable charges, and is also stated to have obtained the requisite No Objection Certificates and approvals from the concerned authorities.

5. The modified plan sanction came to be approved on 26.09.2024; however, according to the petitioner, the same was not released. The reason assigned for non-release was that the petitioner had not executed a registered relinquishment deed relinquishing an extent of 381.70 sq.m. from the subject property in favour of respon