Citation : 2026 Latest Caselaw 734 Kant
Judgement Date : 2 February, 2026
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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)
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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:
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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
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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
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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
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