High Court of Karnataka Considers Appeal Against Trial Court Decree Declaring Road as Public and Granting Injunction Over Air Force Station. The Appeal Challenges the Declaration that the Stretch Between Gangamma Circle and Zam-Zam Point is a Public Road and the Permanent Injunction Against Restrictions on Public Use.

Suit for declaration and injunction regarding public right over a road passing through Air Force Station land.

Plaintiffs sought declaration that the stretch of road between Gangamma Circle and Zam-Zam point is a public road, a permanent injunction restraining the defendants from interfering with public use, and a mandatory injunction for removal of structures already erected.

The Air Force authorities allegedly erected walls, gates, sentry posts, road humps, and imposed restrictions on public use of the road, causing hardship to local residents and violating their rights.

Writ Petition No.16193/1983 was disposed of on 04.01.1995, directing the parties to approach the civil court. The trial court in O.S.No.6504/1996 partly decreed the suit on 01.02.2003, declaring the road a public road and granting permanent injunction, but rejected the mandatory injunction for removal of structures.

Whether the stretch of road between Gangamma Circle and Zam-Zam point is a public road and the public has a right to pass and repass without interference. Whether the defendants are justified in imposing restrictions on public use of the road. Whether a mandatory injunction should be granted for removal of the structures erected by the defendants.

The suit in O.S.No.6504/1996 was filed for the relief of: “(A) Declaration that the stretch of the road lying between Gangamma Circle and a point called Zam Zam, either side of which the third defendant’s training camp is situated, being a part of the public road starting from Yeshwanthapura passing through the Air Force ground training unit (third defendant) branching off at Zam Zam towards Yelahanka and Hesaraghatta, is a public road and a high way under the common law and that as a public road the plaintiff as well as other members of the public have a right to pass and repass and make use of it throughout the day and night. the disputed road (stretch of road between Gangamma Circle and the point called Zam-Zam) is a public road forming part of Bangalore-Doddaballapur road starting from Yeshwanthapura passing through Air Force Ground Training Unit branching at Zam-Zam point towards Yelahanka and Hesarghatta. Consequently, Defendants Nos.1 and 3 are also restrained by an order of permanent injunction from imposing any kind of restrictions on the right of user of the disputed road by the plaintiffs and the members of the public except in accordance with law. Writ Petition No.16193/1983 was filed before this Court, seeking writ of mandamus against all the defendants directing them not to interfere with the fundamental rights of the residents of the villages in particular and of the traveling public in general. In the said petition, 3rd defendant raised various questions regarding the said road. The said petition was disposed of on 04.01.1995 holding that: “When such serious questions are raised, it will not be possible for the court to decide in one way or the other of the rights of the parties except after investigation and factual position. Infact that course can be adopted by the parties concerned by resorting to proceeding before a Civil Court and establish their respective rights.” This appeal is directed against the Judgment and Decree dated 01.02.2003 passed in O.S. No.6504/1996 by the XXVII Additional City Civil Judge, Bangalore (CCH No.9), wherein suit of the plaintiffs came to be decreed in part, declaring that disputed road (stretch of road between Gangamma Circle and the point called Zam-Zam) is a public road forming part of Bangalore-Doddaballapur road ... Consequently, Defendants Nos.1 and 3 are also restrained by an order of permanent injunction from imposing any kind of restrictions on the right of user of the disputed road by the plaintiffs and the members of the public except in accordance with law. The prayer for mandatory injunction that was sought for directing defendant No.3 for the removal of such structures already erected came to be rejected.

Lands in Singapura village were acquired for the Air Force Station in 1971. The public continued to use the road passing through the acquired land. The Air Force authorities later erected granite walls, sentry posts, and other structures, and imposed restrictions on public movement. A writ petition (W.P.No.16193/1983) was filed and disposed of on 04.01.1995, directing the parties to approach the civil court. The plaintiffs filed O.S.No.6504/1996 on 17.09.1996 in the City Civil Court, Bangalore, for declaration and injunctions. The trial court partly decreed the suit on 01.02.2003, declaring the road a public road and granting permanent injunction, but rejecting mandatory injunction. Defendants 1 and 3 (Union of India and Air Force) filed the present appeal (RFA 493/2003) under Section 96 CPC before the High Court of Karnataka. The appeal was heard and reserved for judgment on 31.10.2019, and judgment was pronounced on 06.08.2020.

• Code of Civil Procedure, 1908: Order 41 Rule 5, Section 96, Order 1 Rule 8
• Land Acquisition Act, 1894:
• Societies Registration Act, 1860: