S.32(5) Of Karnataka Urban Development Authorities Act For Formation Of New Layouts Not Applicable To Single Plot Development: High Court

The Karnataka High Court has made it clear that a private person is not required to forego portion of his land for the formation of the public road without receiving any compensation from the authorities.

A single judge bench of Justice M I Arun allowed the petition filed by Sikandar and said “Respondent 4 (The Commissioner, Tumakuru Urban Development Authority) and 5 (The Commission Tumakuru Mahanagara Palike) are directed to pass necessary award and compensate the petitioner or owner of the property, which is the subject matter of the writ petition, which is used/intended to be used for formation of the road.”

The petitioner had requested for a plan to be sanctioned for constructing a residential house on his property. The said plan was sanctioned to him by an order dated 08.08.2012. However, as the authorities were intending to widen the road which was in front of the property of the petitioner, a condition was imposed on the petitioner that he should put up a compound after 75 feet from the centre of the road and thereafter put up construction in accordance with law. Subject to the said condition, the plan was sanctioned in favour of the petitioner. Later, the authorities earmarked a portion of his property for the formation of a road for which he was not paid any compensation.

During the hearing, the petitioner submitted that he has no objection to acquisition of that portion of his property but his prayer is for grant of compensation.

However, the Authority contended that in the light of Section 32(5) of the Karnataka Urban Development Authorities Act, 1987, the petitioner is not entitled to any compensation for the land over which the road is being formed.

Further, it was said that any person who intends to form a layout is liable to surrender certain extent of land to the authorities concerned for formation of road, civic amenities, parks and the like and for that reason, he is not entitled to any compensation and in the instant case, the petitioner requested for sanction of plan for putting up a residential unit on 29 guntas of his land for which he is required to surrender a portion of his land for widening of the road and the plan has been sanctioned accordingly.

The bench noted that the plan sanctioned does not mention anything about the petitioner forfeiting his rights over the property on which the road is required to be formed. Further, It said “Section 32 of the Act deals with formation of new extensions or layouts or making new private streets.”

It said when a layout is being formed, public roads, civic amenity sites, parks and other areas for infrastructure development in the interest of public at large will be required to be made and the same are required to be transferred to the civic authorities for the use of the public and that according to law shall be done, without any compensation paid to landlord. Section 32(5) of the Act is enacted for this particular purpose and it has no application for a single plot development.

Relying on the coordinate bench judgment in the case of Mr. M.Raju vs. State of Karnataka & Ors. (2023 0 Supreme (Kar) 224), wherein it was said that If at all the authorities wish to widen the road, it is always open to them to seek for acquisition of the land in terms of applicable law. A statutory authority like respondent No.2 or 3 cannot, by abusing the provisions of law contained in KUDA or the Zonal Regulations, prevail upon or coerce a citizen to part with his land free of cost.

The court held “Thus, in the instant case, respondent nos.4 and 5 are required to compensate the petitioner for forming a road on the land of the petitioner.”

Appearance: Advocate Mohan S for Petitioner

AGA Naveen Chandrashekar FOR R.1 TO R.3.

Advocate Santhosh S Nagarale FOR R.4.

Advocate Shakshi M Krishna FOR R. Subramanya for R.5.

Citation No: 2024 LiveLaw (Kar) 99

Case Title: Sikandar AND State of Karnataka & Others

Case No: Writ Petition No 677 OF 2022

Click Here To Read/Download Order