Karnataka High Court
University Of Agricultural Sciences vs Judicial Layout Residents And Site ... on 2 November, 2017
Author: B.Veerappa
Bench: B. Veerappa
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF NOVEMBER, 2017
BEFORE
THE HON'BLE MR. JUSTICE B. VEERAPPA
REGULAR FIRST APPEAL NO.133/2012 (DEC/INJ)
BETWEEN:
1. UNIVERSITY OF AGRICULTURAL
SCIENCES, G. K. V. K.,
BANGALORE-560065.
REPRESENTED BY ITS REGISTRAR,
2. VICE CHANCELLOR,
UNIVERSITY OF AGRICULTURAL,
SCIENCES, G. K. V. K.,
BANGALORE-560065.
... APPELLANTS
(BY SRI S. SUNIL DUTT YADAV, ADVOCATE FOR
SUNIL & NITIN ASSOCIATES)
AND:
1. JUDICIAL LAYOUT RESIDENTS AND
SITE HOLDERS ASSOCIATION,
G. K. V. K. POST, BANGALORE-560065.
REPRESENTED BY ITS SECRETARY,
SRI. M. CHIKKADEVAIAH,
AGE MAJOR,
S/O MARI GOWDA.
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2. KARNATAKA STATE JUDICIAL
DEPARTMENT EMPLOYEES HOUSE
BUILDING CO-OPERATIVE SOCIETY,
HIGH COURT BUILDING,
BANGALORE-560001.
REPRESENTED BY PRESIDENT,
SRI SHIVALINGAIAH,
3. BBMP,
YELAHANKA,
BANGALORE-64.
... RESPONDENTS
(BY SRI C. CHANDRAMOULESWARACHARAI, ADVOCATE
FOR SRI B. RAMESH, ADVOCATE FOR R1;
SRI RAJASHEKAR B KANAVI FOR
M/S KANAVI AND CO, ADVOCATE FOR R2;
SRI I.G. GACHCHINAMATH, ADVOCATE FOR R3)
*****
THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED:15.11.2011
PASSED IN O.S.16158/2005 ON THE FILE OF THE
PRINCIPAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE, DECREEING THE SUIT FOR THE
DECLARATION AND PERMANENT INJUNCTION ETC.,
THIS RFA COMING UP FOR HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING.
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JUDGMENT
The present appeal is filed by the 'University of Agricultural Sciences' against the Judgment & Decree dated 15th November 2011 made in O.S. No.16158/2005 on the file of the Prl. City Civil & Sessions Judge, Bangalore, decreeing the suit of the plaintiff (1st respondent herein) with costs declaring that the suit schedule road shown in letters 'ABCD' in red colour in the Comprehensive Development Plan (CDP) is a public road and that all members of the public have a right of way over the schedule road and are having right to use the schedule road freely without any obstruction, hindrance or interference by any person including defendant Nos.1 and 2 (appellant Nos.1 and 2 herein). It was further ordered and decreed that the defendant Nos.1 and 2, their agents, servants, assignees, representatives, contractors, students or any other person claiming through or under them are permanently restrained from causing obstruction in use of 4 the suit schedule road by the members of the plaintiff by putting up any construction on the schedule road or blocking access to the use of the schedule road.
2. This court by an order dated 10.2.2012 admitted the matter and granted stay as prayed for. The matter was adjourned from time to time on one or the other ground and ultimately on 15.9.2017 in pursuance of the orders passed by this Court on 24.3.2017 and 18.8.2017, Sri Sunil Dutt Yadav, learned counsel for the appellants, on instructions from Mr. Devaraja M.N., the Estate Officer of the appellant - University, who was present in the open Court on that day submitted that the University agreed to allow the school buses/vans, two wheelers, vehicles of the Judicial lay-out residents except BMTC Buses and Lorries for usage of the road and the same was accepted by Sri B. Ramesh, Sri Kanavi and Sri I.G. Gachchinmath, learned counsel for the respondents and the parties were permitted to file compromise petition before this Court. 5
3. Again the matter was adjourned on one or two occasions. Subsequently when the matter came up before the Court on 25.10.2017, the matter was adjourned to today (i.e., 2.11.2017) with a direction to Mr. Devaraja, the Estate Officer of the appellant - University to be present before the Court.
4. Today, Mr. Devaraja, the Estate Officer of the appellant - University is present before the Court.
5. Learned counsel for the parties have filed a joint memo dated 2.11.2017 today in the open Court. The memo is duly signed by learned advocate for appellant Nos.1 and 2, learned advocates for Respondent Nos.1, 2 and 3, and respondent No.1. Learned counsel for the appellants submits that Sri Devaraja M.N, Estate Officer of the appellants - University has been authorized by the appellants to sign the joint memo and accordingly, he has 6 signed the joint memo. The said joint memo dated 2.11.2017 is placed on record.
6. The joint memo dated 2.11.2017 reads as under: "Both the appellants and respondent No.1 and 2
above named respectfully submit as follows:-
1. The 1st respondent/plaintiff had filed O.S.No.16158 of 2005 a suit for a relief of declaration to declare that, the suit schedule road is a public road and permanent injunction restraining the defendant No.1 and 2/appellants and the persons claiming through them. The defendant No.1 and 2 contested the suit and on 15.11.2011 the judgment and decree was passed.
2. It is submitted that the suit was decreed by declaring that the suit schedule road is a public road and also permanent injunction was granted restraining the defendants 1 and 2/ appellants 7 and their persons from blocking access to the road.
3. It is submitted that the above Regular First Appeal was preferred by the defendant No.1 and 2 against the judgment and decree passed in OS No.16158/2005, wherein the appellants have contended that the adjacent to suit schedule road the said lands are reserved as heritage sites as per Biological Diversity Act and now both the appellant and respondents have arrived at a consensus to settle the matter amicably.
Accordingly both the appellant and respondents have agreed to use the suit schedule road measuring 20' feet in width and 300' feet in length as per the terms and conditions which are set out in detail, which are as follows:-
I. The parties hereby agree that the schedule road shall be open to all the persons who want to reach the residences situated in the judicial layout and Allalsandra villages for their ingress and egress.8
II. The parties hereby agree that the schedule road will be asphalted by the appellant University and also the future maintenance of the road will be done by the appellant university at its cost. It is also agreed by the appellant University that while forming 20' feet width 300' feet length road they shall provide necessary drains along the road. It is agreed by the appellant university that the asphalting of the road shall be done within period of reasonable time.
III. The parties hereby agree for installation of the gate with appropriate height to the said road and depute security guard.
IV. The parties hereby agree only for the movement of Light Motor Vehicles (only cars, two wheelers and school vans excluding BMTC buses and Lorries) between 5.30 A.M. to 7.30 P.M. 9 V. The parties hereby agree that there will be no manner of any restraint for using the said road for morning and evening walk for the residents of Judicial Layout and Allalsandra Village and also to the visit the temple, post office etc. VI. The parties hereby agree for issuing of the Identity Cards by the Appellant University to the residents of judicial layout and Allalsandra village for the purpose of using the road if necessary.
VII. The appellant and respondents shall produce the copy of the order passed by this Hon'ble Court on this joint memo before the Karnataka Appellate Tribunal in Rev. Appeal
No.499/2016 by seeking for appropriate orders for modifying the order passed by the Deputy Commissioner and the respondents would co-operate for necessary modifications.10
VIII. The respondents have agreed that they shall not cause any damage to property of the university.
WHEREFORE, the parties herein to this joint memo respectfully prays that this Hon'ble court may be pleased to decree the suit as per the terms of this in the joint memo by modifying the judgment and decree passed in O.S No.16158/2005 in the interest of justice and equity".
7. In the joint memo filed by the learned counsel for the parties, the parties to the appeal have agreed that the schedule road shall be open to all the persons, who want to reach the residences situated in the judicial lay-out and Allalasandra villages for their ingress and egress. The parties to the appeal also agree that the schedule road will be asphalted by the appellants - University and also the future maintenance of the road will be done by the appellants - University at its cost. It is further agreed by 11 the appellants - University that while forming 20 feet width and 300 feet length road, they shall provide necessary drains along the road and that the asphalting of the road will be done within a reasonable period.
8. Both the parties agree for installation of gate with appropriate height to the said road and depute security guard. The parties also agree for the movement of Light Motor Vehicles (cars, two wheelers and school vans excluding BMTC buses and Lorries) between 5.30 a.m. and 7.30 p.m. everyday.
9. Both the parties agree that there will be no manner of any restraint for using the said road for morning and evening walk for the residents of Judicial Layout and Allasandra village and also to visit the temple, Post office etc. The parties agree for issuing of the Identity Cards by the Appellant - University to the residents of Judicial layout 12 and Allalasandra village for the purpose of using the road, if necessary.
10. The parties to the lis also agree for production of the copy of this order before the Karnataka Appellate Tribunal in Rev. Appeal No.499/2016 seeking for appropriate orders for modifying the order passed by the Deputy Commissioner and would cooperate for necessary modification.
11. In terms of the joint memo, the present Regular First Appeal is disposed of. Accordingly, the impugned Judgment & Decree is modified to the extent agreed by the parties in terms of the joint memo.
12. In view of disposal of the present appeal, I.A. Nos.1/2016 and 1/2017 do not survive for consideration. Accordingly, the said I.As. are disposed of. 13
13. The sincere and valuable service rendered by the learned counsel for both the parties and Mr. M.N. Devaraja, the Estate Officer of the appellant - University is appreciated and placed on record.
Sd/-
JUDGE Gss/-