Bengaluru: The high court has directed Bangalore Development Authority (BDA) to implement its Jan 2020 resolution providing for an 18-metre-wide access road at Jakkur Plantation village, ruling that it cannot revive an earlier 9.5-metre road proposal after it had been scrapped and the wider road had received judicial approval.A division bench of Justice DK Singh and Justice TM Nadaf, in an order passed on July 27, allowed an appeal by landowners JV Venkatesh and JV Srinivas, who own three acres in Jakkur Plantation village, Yelahanka hobli, surrounded by about 25 acres owned by Township Promoters.The dispute dates back to 2006, when their father, N Veeranna, approached Karnataka Lokayukta alleging irregularities in the BDA’s approval of an access road to the neighbouring development. After an inquiry, Lokayukta recommended withdrawing permissions granted to Abhishek Developers, a partner of Township Promoters, and referred to BDA’s town planning proposal for an 18-metre-wide road.Township Promoters challenged the Lokayukta report, but the high court directed that its recommendations be implemented “in their true spirit”. The Supreme Court dismissed the challenge in 2016.BDA’s change of standFollowing these orders, BDA passed a resolution in Jan 2020 adopting the 18-metre road and cancelling its earlier proposal for a 9.5-metre access road. Township Promoters was asked to submit a revised layout plan. However, after the Revised Master Plan (RMP)-2031 was withdrawn, BDA passed another resolution in March 2024 reviving the 9.5-metre proposal. The landowners challenged it, but a single judge dismissed their petition in Nov 2024, leading to the present appeal.Allowing the appeal, the division bench held that reasonable access to property is an integral part of property rights. It noted that the 1995 Comprehensive Development Plan, the Lokayukta report, and the BDA’s January 2020 resolution all supported an 18-metre-wide road to ensure access to the appellants’ land and support planned development of the locality.The court said reducing the road width to 9.5 metres would prejudice the landowners and affect the area’s planned development. It also held that BDA, as a statutory planning authority, must act in the larger public interest and cannot arbitrarily revive a resolution that had already been cancelled.The bench set aside the March 2024 resolution and directed BDA to implement the Jan 2020 one.
