Karnataka High Court Rejects PIL Against Re-Modeling Of Bengaluru's Gandhi Bazaar, Says It's For Larger Public Convenience

The Karnataka High Court recently dismissed a public interest litigation seeking to stop the Gandhi Bazaar Market Street Redesign project which is at the final stage of completion

A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the petition filed by Heritage Basavanagudi Residents Welfare Forum and said “The Gandhi Bazaar Market Street Redesign project is for better convenience of the public, maintenance of traffic movement, to give better facility to the street vendors and to provide the access to the vehicles.”

The petitioner had sought a declaration that the project implemented by the Department of Urban Land Transport is unscientific.

The petitioners were primarily aggrieved by setting up of cubicles on footpath for street vendors. They apprehend that though the footpath would be expanded, the width of the motorable road would be reduced which will not only lead to inconvenience to the traffic, but in ultimate analysis, would work against public interest.

They had thus sought for BBMP to put up construction of Multi Level Car Parking in their own place and accommodate the street vendors for their business in the shopping complex instead of footpath.

The respondent authorities on the other hand gave details about the plans for setting up vending zones with temporary structures for the benefit of the public. Further it relied on the decision of the High Court in the case of Sri Iranna and another vs. Union of India and others (2024) where it was held that functions like redesigning or realignment of roads are executive functions and the Court would not exercise its public interest jurisdiction to trench upon the executive field.

The bench noted that it is well settled that where expert technical functions are involved, the Court would not interject itself.

Referring to the affidavit cum reply filed by the authorities, the Court said “It is clear that Gandhi Bazaar Market Street Redesign project undertaken by respondent No.2-BBMP is for better management of entire Gandhi Bazaar area which is a busy humming area where large number of street vendors sit to sell their products, commodities, items and enumerable persons visit the area.”

Court then emphasised that 95% of the project had already been completed and an amount of Rs.24.88 crores was spent. It said remaining 5% work like providing temporary shelters to vending zones and to protect street vendors from the vagaries of weather too would be completed soon.

Accordingly, it dismissed the petition.

Appearance: Advocate G.R. Mohan for Petitioner.

AGA Niloufer Akbar for R1, R3, R4.

Advocate B.S. Shrinivas for Advocate B.L.Sanjeev for R2

Citation No: 2025 LiveLaw (Kar) 3

Case Title: Heritage Basavanagudi Residents Welfare Forum AND State of Karnataka & Others

Case No: WRIT PETITION NO. 5330 OF 2023

Click Here To Read/Download Order