The Karnataka High Court has directed the Bangalore Metro Rail Corporation Limited (BMRCL) to provide permanent, free access and exit routes to a commercial building whose direct connection to the main road was blocked during land acquisition for metro construction in Bengaluru. The court also ordered BMRCL to pay ₹10 lakh to the property-owning company towards legal costs within eight weeks.
Justice Suraj Govindaraj, presiding over a single-judge bench, partly allowed a writ petition filed by Messrs Ellis Fashion Export Private Limited. The company had sought directions requiring BMRCL to comply with its way leave policy and had claimed ₹11.30 crore in rental losses and other compensation. The court rejected the monetary compensation claim but issued detailed directions on access, utilities and the process to be followed by the metro corporation.
The property was affected by work for the Jayadeva Hospital Metro station. BMRCL acquired 152 square metres of land belonging to the petitioner through the Karnataka Industrial Areas Development Board. The acquisition resulted in the complete closure of the building’s direct entry and exit route from the main road. During the metro work, water, electricity and sewerage connections were also disconnected, following which tenants vacated the building, according to the report.
When the company sought an alternative access route, BMRCL required it to enter into a 10-year agreement and pay an advance fee. The proposed conditions also gave the corporation the power to terminate the arrangement without prior notice. The property owner challenged these conditions before the High Court.
The court found that BMRCL had not properly followed the procedures under its way leave policy for case assessment and site inspection. It said the corporation had imposed standard charges and conditions without adequately considering the actual condition of the building, vehicle movement, building regulations and fire-safety requirements. The bench cancelled conditions that allowed access to be withdrawn without notice and exempted BMRCL from responsibility for compensation or an alternative route.
Under the order, BMRCL officials must conduct a joint site inspection with company representatives within four weeks. The inspection must identify separate entry and exit routes, each six metres wide, on the northern side of the property. If a committee records in writing, with reasons, that separate routes are not technically feasible, BMRCL must provide a combined access and exit route at least 40 feet, or approximately 12.2 metres, wide.
The identified route must be handed over to the company within eight weeks on a permanent basis, without any fee and without a fixed-term agreement. BMRCL cannot cancel or restrict the route at its discretion. The corporation must also permit the installation and maintenance of water, electricity and sewerage connections without imposing way leave policy charges. The company, however, will have to bear the cost of installing and maintaining those connections.
