account of the said Krishinagara layout
and several other layouts situated beyond
Krishinagara layout not having adequate road access
and the residents of those layouts ... access to Krushi Nagara Layout.
The access to Krushi Nagara Layout is through
Mallikarjuna Nagara which is situated to the left of Krushi
Nagara Layout
layout plan, has direct bearing
on the present dispute. The condition specifically stipulates
that the roads within the layout shall not obstruct or
restrict access ... vesting the layout roads
in the Planning Authority.
b. Upon such vesting, the roads acquire the
character of public roads and no exclusivity
layout cannot be confined so as to prevent access to it
from outside the layout. The access to a public road
cannot be construed ... residents of the layout. The public access by its very
nature is access to all including residents outside the
layout.
20. Insofar as the further
Poornaprajna School Road'. Therefore, prima facie, the
petitioner has an existing access to the public road
network through the internal road situated ... connection or access to the layout situated
in Sy.No.50/2. The petitioner's attempt to assert access
over a road formed
obstruct or regulate the use of a road claimed to be a common
access within the layout becomes highly doubtful. The
defendants, having ceased ... holding that the
existence of the suit road stands clearly substantiated. The
road not only provides access to the owners of Site
Annexure-F and G, the access from the main road
i.e from Bagalkot-Badami road to R.S.No.21 is completely ... meters wide road is
formed to have an access to the layout from the main
road
extent of excess land utilized was absolutely necessary to
provide access road to layout formed by BDA.
12. However, said offer was not readily acceptable ... Though respondent - BDA submitted that said land
was utilized for providing access road, whether same would be
sufficient to deny relief to petitioners requires examination
road and it is also
not in dispute that this is the road, which has access
to the petitioner's layout ... submitting that, apart
from this particular road, there are two other access
roads to the layout and, therefore, it cannot be
argued that
property in the adjacent layout [Shiv
Reddy Layout]. The owner of a property in the
adjacent layout [Shiv Reddy Layout] has filed a
representation with ... fourth cross Road must be removed.
5. If the proposition is that there must be
right of access through the roads in layout formed
with
prevented the residents of the aforesaid two layouts
from using Sawar Line Road for access to their residences.
It is therefore, that they approached this ... aforesaid road has no
direct access to any military instillation. In fact, is
another parallel road beyond the military _
Desraj Urs Road. It is only