Karnataka High Court
WP/21503/2022 of SRI PRASHANT RAO Vs THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA on 1 September 2026
CNR: KAHC010494152022 NC: 2026:KHC:47433-DB WP No. 21503 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 21503 OF 2022 (LB-BMP) -
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 21503 OF 2022 (LB-BMP) - PIL
BETWEEN:
1.
SRI PRASHANT RAO
AGED 47 YEARS
S/O GOVIND RAO
47/A, FIRST BLOCK
FIRST MAIN
TYGARAJANAGAR
BENGALURU - 560 028
…PETITIONER
(BY SRI PRASHANT RAO, PARTY-IN-PERSON)
AND:
1.
THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
ROOM NO.320, 3RD FLOOR
VIDHANA SOUDHA
2.
THE CHIEF COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE
N.R. ROAD CITY CORPORATION
BENGALURU - 560 002
Digitally
signed by
VEERENDRA
KUMAR K M
Location: High
Court of
Karnataka
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3.
THE COMMISSIONER
DIRECTORATE OF URBAN LAND TRANSPORT
URBAN DEVELOPMENT DEPARTMENT
GOK, BMTC TTMC 'B' BLOCK
4TH FLOOR, SHANTINAGAR
K.H. ROAD, BENGALURU - 560 027
4.
THE COMMISSIONER OF POLICE - BENGALURU
INFANTRY ROAD
BENGALURU - 560 001
5.
IGP & ADDITIONAL COMMISSIONER OF POLICE
(TRAFFIC)
NO.5, 2ND FLOOR
TRAFFIC HEAD QUARTERS
INFANTRY ROAD
BENGALURU - 560 001
…RESPONDENTS
(BY SRI MALLIKARJUNA REDDY, ADVOCATE FOR R-2 &
SMT. NILOUFER AKBAR, AGA FOR R-1 & R-3 TO R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA READ WITH BBMP ACT 2020, GUIDELINES
FOR
PLANNING
AND
IMPLEMENTATION
OF
PEDESTRAIN INFRASTRUCTURE - 1.0 & PARKING POLICY - 2.0, PRAYING TO DIRECT THE RESPONDENTS TO MAKE FOOTWAY- FOOTPATH FIT WITH HANDRAILS IN TYAGARAJANAGARA FIRST
BLOCK, FIRST MAIN, BBMP WARD 154, AS THE SAME WAY WHICH
IS DONE IN ANNEXURE-A, ANNEXURE-A1 AND ANNEXURE-F1
PROTECTING THE RIGHT TO WAY/RIGHT TO SAFETY & ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present petition as a public interest litigation, inter alia, praying as under:
(a) To make footway-footpath fit with handrails in Tyagarajanagar first block, first main BBMP ward 154 as the same way which is done in Annexure A, Annexure A1 & Annexure F1 protecting the right to way / right to safety.
(b) And directing the respondents to pay compensation of 15 lakhs for the injury caused and for the failure to act against the petitioner's grievance.
(c) And Kindly pass any such other or order or orders as to Your Lordships may deem proper and fit for giving the basic meaning to Justice & Equity.
2. The petitioner has produced photographs to show that bolsters have been put on the footpath to ensure that the walking area is protected.
3. The petitioner seeks a similar structure be constructed on the footpath in BBMP Ward No.154 in Thyagarajanagar first block, first main, particularly in the lane in front of his house.
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4. The respondent No.2 - Bruhat Bengaluru Mahanagara Palike [BBMP] has filed statement of objections enclosing therewith a photograph at document No.3 of the area in front of the petitioner's house. It is noted that in fact there is no footpath in front of the petitioner's house. Immediately after his gate is a covered drain, which may be used as a walking passage. According to BBMP, a minimum width of 1.8 metre is required for construction of bolsters which is not feasible given that the house of the petitioner is almost abutting the road. It is also pointed out that the road width at the given location is narrow to accommodate construction of any footpath. In view of the above, the first prayer as sought for, cannot be granted.
5. However, the photographs produced by the petitioner indicate that the narrow area which is the covered drain, is encroached upon by certain shopkeepers, thereby obstructing its use by pedestrians and compelling them to walk on the main road.
6. Considering that it is necessary to ensure safety of the pedestrians, BBMP shall undertake a drive to ensure that the area
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over the covered drain and the area between the main road and shops/residential houses remain free from encroachment.
7. In so far as the prayer seeking compensation of Rs.15,00,000/- for the injury caused, we do not consider it apposite to pass any such order in this petition. The question as to the cause of injury to any pedestrian would necessarily entail an examination of the facts of the particular case.
8. In view of the above, the petition is disposed of with the aforesaid observations.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
KMV List No.: 2 Sl No.: 20