BDA must preserve the sole access passage upon relinquishment of an equivalent site.

The petitioner owned land measuring 1 acre 26 guntas in Sy. No. 82/6, Thanisandra Village.

Although the land was initially proposed for acquisition for Arkavathy Layout, it was excluded from the final notification.

After the petitioner obtained conversion for residential use, the access to his land was shown on the northern side, through a passage between Sites 164 and 165 in the adjoining BDA layout

The petitioner alleged that the BDA was treating the passage as Site No. 164A, which would block the only access to his land

A court-appointed Commissioner reported that the passage was the only access and that the land would otherwise be landlocked

The BDA objected, asserting that Site No. 164A belonged to it and could be allotted under the Bangalore Development Authority (Allotment of Sites) Rules, 1984

1. Whether the passage between Sites 164 and 165 was the only access to the petitioner’s land in Sy. No. 82/6

2. Whether the BDA could form Site No. 164A in that passage, and what relief was appropriate to preserve access while addressing the BDA’s claim to the site

The petition was brought under Articles 226 and 227 of the Constitution of India

The BDA referred to the Bangalore Development Authority (Allotment of Sites) Rules, 1984, in support of its claim to Site No. 164A and its proposed allotment

No precedent or statutory provision was cited as the basis for the Court’s decision.

The Commissioner’s report established that buildings bordered the petitioner’s land on three sides, with no road access on those sides, and that the passage between Sites 164 and 165 was the sole access

The Court accepted that forming Site No. 164A in the passage would landlock the petitioner’s property

To preserve that access while accommodating the BDA’s interest in the layout land, the Court conditioned the relief on the petitioner relinquishing an equal-sized site in Sy. No. 82/6.

Upon relinquishment, the BDA must modify the layout plan, remove Site No. 164A from its existing location, preserve the passage as access to the petitioner’s land for perpetuity, and indicate in the modified plan that the passage is, for practical purposes, a public road

The BDA must incorporate the relinquished area into the modified layout plan and assign Site No. 164A to that portion