Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 2, Cited by 0]

Karnataka High Court

Nagarbhavi Property Owners And ... vs Union Of India on 2 February, 2026

                                                -1-
                                                          NC: 2026:KHC:5621-DB
                                                          WP No. 2806 of 2026


                    HC-KAR



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 2ND DAY OF FEBRUARY, 2026

                                             PRESENT
                          THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
                                               AND
                             THE HON'BLE MR. JUSTICE C.M. POONACHA
                              WRIT PETITION NO. 2806 OF 2026 (GM-RES)
                   BETWEEN:

                   1.   NAGARBHAVI PROPERTY OWNERS AND BUSINESS
                        ESTABLISHMENTS WELFARE ASSOCIATION (REGD)
                        OFF/AT NO. #4 SHANKARA COMPLEX
                        SRI ANJANI GLASS AND PLYWOODS
                        PAPAREDDY PALYA, 80 FEET ROAD
                        NAGARABHAVI 2ND STAGE
                        BENGALURU - 560 072
                        (REP. BY SECRETARY - K. GIRISH GOWDA)
                        (AN ASSOCIATION REGISTERED UNDER KARNATAKA
                        SOCIETIES REGISTRATION ACT 1960)
                                                                   ...PETITIONER
                   (BY SRI AMARANATHAN A.V., ADVOCATE)
Digitally signed
by PRABHAKAR       AND:
SWETHA
KRISHNAN
Location: High     1.   UNION OF INDIA
Court of
Karnataka               MINISTRY OF HOUSING AND
                        URBAN AFFAIRS (MOUHA)
                        NIRMAN BHAVAN
                        NEW DELHI - 110 011
                        (REP. BY SECRETARY)

                   2.   STATE OF KARNATAKA
                        URBAN DEVELOPMENT OF DEPARTMENT
                        ROOM NO. 436 VIKASA SOUDHA
                        BANGALORE - 560 001
                        (REP. BY ITS ADDITIONAL CHIEF SECRETARY)
                            -2-
                                     NC: 2026:KHC:5621-DB
                                     WP No. 2806 of 2026


 HC-KAR



3.   BENGALURU METRO RAIL
     CORPORATION LTD (BMRCL)
     3RD FLOOR, BMTC COMPLEX
     K.H. ROAD, SHANTINAGAR
     BENGALURU - 27
     (REP. BY MANAGING DIRECTOR)

4.   BENGALURU URBAN DISTRICT TREE AUTHORITY
     ARANYA BHAVAN,
     18TH CROSS
     MALLESHWARAM
     BENGALURU 560003
     (REP. BY THE CHAIRPERSON)

5.   KARNATAKA FOREST DEPARTMENT
     ARANYA BHAVAN,
     18TH CROSS MALLESHWARAM
     BENGALURU - 560 003
     (REP. BY THE PRINCIPAL CHIEF CONSERVATOR
     OF FORESTS)
                                        ...RESPONDENTS
(BY SRI MUKUND PRASAD, CGC FOR R-1;
 SMT. NILOUFER AKBAR, AGA FOR R-2, 4 & 5)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT
DIRECTING THE RESPONDENTS TO CONTINUE THE
ORIGINAL PLAN OF CONSTRUCTING THE METRO RAIL ON
OUTER RING ROAD FROM DWARAKA NAGAR STATION TO
CHOWDESHWARI NAGAR STATION, INSTEAD OF DEVIATING
FROM NAGARBHAVI CIRCLE TO SUMMANHALLI CROSS VIA
VINAYAKA LAYOUT, PAPIRREDDYPALY AND BDA COMPLEX
NAGARBHAVI, WHICH CAUSES CUTTING OF MORE THAN 600
TREES, DEMOLITION OF RESIDENTIAL AND COMMERCIAL
BUILDINGS & ETC.

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
                                   -3-
                                               NC: 2026:KHC:5621-DB
                                               WP No. 2806 of 2026


 HC-KAR




CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
       and
       HON'BLE MR. JUSTICE C.M. POONACHA


                            ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. Issue notice.

2. Mr.Mukund Prasad, the learned Central Government Counsel accepts notice for respondent No.1.

3. Smt.Niloufer Akbar, the learned Additional Government Advocate accepts notice for respondent Nos.2, 4 and 5.

4. The petitioner has filed the present petition as a public interest litigation, inter alia, praying as under:

"a) Directing the respondents to continue the original plan of constructing the metro rail on outer ring road from Dwaraka Nagar station to Chowdeshwari Nagar station, instead of deviating from Nagarabhavi circle to Summanhalli cross via Vinayaka layout, Papireddypalya and BDA complex, Nagarbhavi, which causes cutting of more than 600 trees, demolition of residential and commercial buildings.
b) Direct the respondents to cancel the alternate route plan from Nagarbhavi circle to -4- NC: 2026:KHC:5621-DB WP No. 2806 of 2026 HC-KAR Summanhalli cross via Vinayka layout, Papireddypalya and BDA complex Nagarbhavi,
c) And pass such other others as this Hon'ble Court may deems fit in the facts and circumstances of the case, in the interest of equity and justice."

5. The petitioner is essentially aggrieved by the alignment of the proposed construction of the metro rail. It is contented that the re-alignment of metro line in Nagarbhavi would seriously impact the green cover and would require more than 600 trees to be felled. In addition, more than 600 houses would also be demolished. The petitioner has also furnished a Rapid Environmental Impact Assessment as Annexure-B to the said petition. The photographs have also been enclosed showing that various trees which would be destroyed. The petitioner contends that maintaining the metro line in the outer region would avoid such environmental damage.

6. We do not consider it apposite to entertain a public interest litigation for examining the route of a metro line. It is for the concerned authorities to determine the same. The determination of the route of a metro line would require consideration of -5- NC: 2026:KHC:5621-DB WP No. 2806 of 2026 HC-KAR various factors including the number of commuters it would serve. However, considering that the petitioner has annexed a report regarding the impact on the environment, we consider it apposite to direct the respondents to consider the same.

7. The petition is disposed of with the aforesaid directions.

Sd/-

(VIBHU BAKHRU) CHIEF JUSTICE Sd/-

(C.M. POONACHA) JUDGE KPS List No.: 2 Sl No.: 17