- In Bengaluru, the Karnataka High Court recently made a significant ruling that has implications for landowners and developers of layouts. The court affirmed a decision by a single judge bench, which clarified the rights of individuals once they transfer control of roads and services to civic bodies. This ruling is particularly relevant in cases where developers argue for exclusive control over certain infrastructure within gated communities. The court specifically addressed a case where Reddy, a developer, claimed that the roads within a gated community were meant solely for the residents' use. However, the division bench, comprising Chief Justice Prasanna B Varale and Justice Krishna S Dixit, rejected this argument. They emphasized that according to Condition 11 set by the competent authority, the roads in the layout should be accessible to both residents and the general public. Furthermore, the court highlighted that while residents might be able to obtain special permissions to regulate road usage within their community, once the control is transferred to civic authorities, the original owners forfeit any further rights over the roads. This ruling underscores the importance of adhering to regulatory conditions and recognizing the public nature of certain infrastructure elements within residential developments. Overall, the Karnataka High Court's decision serves as a precedent for clarifying the responsibilities and limitations of landowners and developers when it comes to transferring control of essential services to civic bodies. It reinforces the principle that once such control is relinquished, individuals must abide by the regulations set by the competent authority, ensuring equitable access to infrastructure for both residents and the wider community. Source: https://www.deccanherald.com/india/karnataka/no-concept-of-gated-community-roads-not-exclusive-to-local-residents-says-high-court-2790975 Best Regards, Sairam Law AssociatesYour Trusted Legal Partner in Bengaluru 9611195911
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