Sri Raghurama Reddy vs The State Of Karnataka on 17 July, 2017

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Karnataka High Court

Sri Raghurama Reddy vs The State Of Karnataka on 17 July, 2017

Bench: B.S.Patil

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 17TH DAY OF JULY, 2017

                              BEFORE

            THE HON'BLE MR.JUSTICE B.S.PATIL

                W.P.No.7858/2015 (LA-RES)

BETWEEN

SRI RAGHURAMA REDDY,
S/O S.B.LAKSHMIKANTHA REDDY,
AGED ABOUT 42 Y FEARS,
R/AT IV CROSS, JCR EXTENSION,
CHITRADURGA 577 501.                   ... PETITIONER

(By Sri RAMA BHAT K., ADV.)


AND

1.    THE STATE OF KARNATAKA,
      REP. BY PRINCIPAL SECRETARY,
      PUBLIC WORKS DEPARTMENT,
      M.S. BUILDING,
      BENGALURU 560001.

2.    THE DEPUTY COMMISSIONER,
      CHITRADURGA DISTRICT,
      CHITRADURGA 577501
      (ALSO CHAIRMAN, URBAN DEVELOPMENT AUTHORITY,
      CHITRADURGA)

3.    THE CITY MUNICIPAL COUNCIL,
      REP. BY ITS COMMISSIONER,
      CHITRADURGA TOWN,
      CHITRADURGA 577501.

4.    THE ASST. EXECUTIVE ENGINEER,
      CITY MUNICIPAL COUNCIL,
      CHITRADURGA 577 501.             ... RESPONDENTS

(By Sri VENKATESH DODDERI, AGA FOR R1 & R2;
 Sri S.MAHESH, ADV. FOR R3)
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      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT,
ORDER OR APPROPRIATE DIRECTION AND THEREBY DECLARE
THAT THE PROPOSED ACTION OF THE RESPONDENTS WIDENING
MEDEHALLI ROAD, CHITRADURGA TOWN BY DEMOLISHING
EXISTING BUILDING OF THE PETITIONER IN THE SCHEDULE
PROPERTY TO THIS WRIT PETITION IS WITHOUT FOLLOWING THE
PROVISIONS OF THE RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION REHABILITATION AND
RESETTLEMENT ACT, 2013, IS ILLEGAL, AS THE SAME IS
WITHOUT DUE PROCESS OF LAW AND WITHOUT AUTHORITY AND
ETC.

    THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:


                            ORDER

1. Petitioner claims to be owner of commercial shop premises consisting of ground and first floor bearing municipal katha No.3186/6443 measuring 16½ ft x 21ft. situated at Medehalli Road, Chitradurga Town. Petitioner has filed this writ petition seeking a declaration that proposed action for widening Medehalli Road in Chitradurga Town by taking recourse to demolition of the existing building of petitioner without following the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is illegal and without authority of law. 3

2. Learned counsel for petitioner submits that in respect of similarly placed persons who had made similar grievance, this Court has disposed of the writ petitions filed in W.P.Nos. 57215-216/2014 as per order dated 23.03.2016 observing that respondents shall not take any such action without due process of law. Copy of the said order is made available for perusal of the Court.

3. Learned counsel appearing for the 3rd respondent does not deny this fact. Learned Additional Government Advocate does not deny the fact that such a direction has been issued in the connected writ petitions.

4. In the light of the above, this writ petition is disposed of. A direction is issued to the respondents not to deprive the petitioner of his property without adopting due process of law.

Sd/-

JUDGE VP

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