Karnataka High Court
Belagavi Smart City Ltd vs The State Of Karnataka on 17 April, 2023
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WP No. 101062 of 2023
C/W WP No. 104717 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 101062 OF 2023 (LB-RES)
C/W
WRIT PETITION NO. 104717 OF 2022
IN WRIT PETITION NO. 101062 OF 2023
BETWEEN:
1. SAINATH S/O. NAGESH ANDAGI
AGE: 48 YEARS, OCC: BUSINESS,
R/O. PLOT NO. 56, SUPER RESIDENCY,
SUBHASH CHANDRA NAGAR,
BELAGAVI-590001.
2. KADAYYA S/O. SHRISHAILAYYA VIBHUTIMATH
AGE: 47 YEARS, OCC: BUSINESS,
R/O. PLOT NO.2, MAHAVEER NAGAR,
MATH GALLI HOSUR, BELAGAVI-590001.
MANJANNA
E 3. ALLAPPA S/O. SHIVAPPA DANIHAL
Digitally signed by
MANJANNA E
AGE: 48 YEARS, OCC: BUSINESS,
Location: High
Court of Karnataka,
Dharwad Bench R/O. PLOT NO.3, MAHAVEER NAGAR,
MATH GALLI HOSUR, BELAGAVI-590001.
...PETITIONERS
(BY SRI DINESH M. KULKARNI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
M.S. BUILDING, AMBEDKAR VEEDHI,
BENGALURU-01.
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WP No. 101062 of 2023
C/W WP No. 104717 of 2022
2. THE BELAGAVI SMART CITY LIMITED
1ST FLOOR, BUDA OFFICE, ASHOK NAGAR,
BELAGAVI 590016.
REPRESENTED BY ITS MANAGING DIRECTOR.
3. THE DEPUTY COMMISSIONER
BELAGAVI, DIST: BELAGAVI-590001.
...RESPONDENTS
(BY SRI M.H. PATIL, AGA, FOR R1 AND R3
SRI PRASAD SIDDANTI, ADV. FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT
NO. 2 TO COMPLY THE ORDER PASSED BY THE RESPONDENT NO.
3 BEARING NO. RB /MISC / CR/ 01/ 2021-22 DATED 15/09/2022
VIDE ANNEXURE-B.
IN WRIT PETITION NO. 104717 OF 2022
BETWEEN:
THE BELAGAVI SMART CITY LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR.
#NEAR FORT LAKE, ASHOK NAGAR,
BELAGAVI-590016.
...PETITIONER
(BY SRI PRASAD SIDHANTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THE DEPUTY COMMISSIONER
# BELAGAVI, DIST: BELAGAVI-590001.
2. THE BELAGAVI SMART CITY LIMITED
# NEAR S.P. OFFICE, SUBHASH NAGAR,
BELAGAVI 590016.
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WP No. 101062 of 2023
C/W WP No. 104717 of 2022
REPRESENTED BY ITS COMMISSIONER.
3. THE BELAGAVI URBAN DEVELOPMENT
AUTHORITY
# NEAR FORT LAKE, ASHOK NAGAR,
BELAGAVI.
4. SHRI SAINATH S/O. NAGESH ANDAGI
AGE: 47 YEARS, OCC: BUSINESS,
R/O. PLOT NO. 56, SUPER RESIDENCY,
SUBHASH CHANDRA NAGAR,
BELAGAVI-590001.
5. SHRI KADAYYA
S/O. SHRISHAILAYYA VIBHUTIMATH
AGE: 46 YEARS, OCC: BUSINESS,
R/O. PLOT NO.2, MAHAVEER NAGAR,
MATH GALLI HOSUR, BELAGAVI-590001.
6. ALLAPPA S/O. SHIVAPPA DANIHAL
AGE: 50 YEARS, OCC: BUSINESS,
R/O. PLOT NO.3, MAHAVEER NAGAR,
MATH GALLI, HOSUR, BELAGAVI-590001
...RESPONDENTS
(BY SRI. M. H. PATIL, AGA FOR R1;
SRI. DINESH M KULKARNI, ADVOCATE, FOR R4 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
IN THE NATURE OF CERTIORARI OR ANY OTHER APROPRIATE
WRIT QUASHING THE IMPUGNED ORDER NO:
RB/MISC/CR/01/2021-22 DATED 15.09.2022 ISSUED BY THE
RESPONDENT NO. 1 VIDE ANNEXURE-J.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 101062 of 2023
C/W WP No. 104717 of 2022
ORDER
This is a second round of litigation. The leading writ petition in W.P.No.101062/2023 is filed by the owner of Plot Nos.1, 2 and 3A, CTS No.4151, Survey No.322 of Mahaveer Nagar, Shahapur, Belagavi, whose residential house was demolished by respondent No.2-Belagavi Smart City Limited (for short "Company"). However there was a dispute as to who has demolished the property owned by the petitioners.
2. The Co-ordinate Bench of this Court in earlier round of litigation allowed the writ petition filed in W.P.No.148507/2020 thereby directing respondent No.3- Deputy Commissioner to hold an enquiry and also determine the compensation payable to the petitioners on account of loss suffered due to illegal demolition of portion of residential house of the petitioners. The operative portion of the order reads as under:
"ORDER i. The petition is disposed off.
ii. Respondent No.2/Deputy Commissioner is directed to conduct/hold an enquiry with regard to the -5- WP No. 101062 of 2023 C/W WP No. 104717 of 2022 liability of respondent No.1/State and/or respondent No.5/ Belagavi Smart City Limited in relation to demolition of the portions of the subject properties of the petitioners; respondent No.2/Deputy Commissioner shall commence and conclude the said enquiry after notifying the petitioners as well as respondent Nos.3 to 5 and after holding necessary enquiry and hearing all parties as required in law.
iii. In the said enquiry to be conducted by respondent No.2/Deputy Commissioner, respondent No.2 shall also consider and decide the compensation payable to the petitioners on account of loss suffered by them for the demolition of the portions of the subject properties.
iv. The 2nd respondent is directed to complete the aforesaid enquiry and pass appropriate orders within a period of three months from the date of receipt of certified copy of this order.
v. Till the Deputy Commissioner passes appropriate orders after completion of the enquiry as stated supra, the respondents are directed to not to take any precipitative or coercive steps/action against the petitioners in respect of the subject properties.
vi. Copy of this order to be issued to learned HCGP to forward the same to the 2nd respondent/Deputy Commissioner to take immediate action.-6- WP No. 101062 of 2023 C/W WP No. 104717 of 2022
Subject to the aforesaid directions and observations, writ petition stands disposed off."
3. Pursuant to direction issued by this Court, respondent No.3-Deputy Commissioner has conducted an enquiry and has come to the conclusion that it is respondent No.2-Company, which is responsible for demolition of property owned by the petitioners. The operative portion reads as under.
"DzÉñÀ ªÀiÁ£Àå GZÀÒ £ÁåAiÀiÁ®AiÀÄzÀ ¤zÉÃð±À£ÀzÀAvÉ «ZÁgÀuÉ PÉÊUÉÆAqÀÄ CfðzÁgÀ 2 ªÀÄvÀÄÛ 3 EªÀgÀ ¨sÁUÀ±À: PÀlÖqÀªÀ£ÀÄß C£À¢üPÀÈvÀªÁV ºÉÆqÉzÀÄ ºÁQzÀÝPÉÌ ¨É¼ÀUÁ« ¸Áälð¹n °«ÄmÉqï EªÀgÀÄ ºÉÆuÉUÁgÀgÁVgÀÄvÁÛgÉ. C£À¢üPÀÈvÀªÁV ºÉÆqÉzÀÄ ºÁQzÀ PÀlÖqÀzÀ ¥ÀjºÁgÀªÀ£ÀÄß ¤AiÀĪÀiÁ£ÀĸÁgÀ ¯ÉPÁÌZÁgÀ ªÀiÁr CdðzÁgÀ £ÀA.2 ªÀÄvÀÄÛ 3 EªÀjUÉ PÉÆqÀ®Ä DzÉò¹zÉ.
CzÀgÀAvÉ 80 ¥sÀÆl ¹r¦ gÀ¸ÉÛAiÀÄ PÉA¥ÀÄ ªÀiÁQð£À zÀQëtQÌzÀÝ eÁUÉAiÀÄ£ÀÄß CdðzÁgÀgÀÄ vÀªÀÄä ¸Áé¢üãÀzÀ°è ElÄÖPÉƼÀî®Ä CºÀðgÁVgÀÄvÁÛgÉ.
¸ÀzÀj DzÉñÀªÀ£ÀÄß F ¢£À ¢£ÁAPÀ: 15.09.2022 gÀAzÀÄ §»gÀAUÀ £ÁåAiÀiÁ®AiÀÄzÀ°è WÉÆö¹zÉ.
¸À»/-
(¤vÉñï PÉ ¥Ánî) f¯Áè¢üPÁjUÀ¼ÀÄ ¨É¼ÀUÁ«."-7- WP No. 101062 of 2023 C/W WP No. 104717 of 2022
4. Respondent No.2-Company assailing the order of respondent No.3-Deputy Commissioner has filed connected W.P.No.104717/2022. The owner of the property has also filed writ petition No.101062/2023 seeking direction against respondent No.2 to comply the order passed by respondent No.3.
5. This Court would find that no materials are placed to displace the findings and observation made by Deputy Commissioner while fixing the liability on the company. Though several grounds are urged, no materials are placed on record to indicate that the Company was not responsible for illegal demolition of portion of property owned by the petitioners. Respondent No.3-Deputy Commissioner, on examining the record, more particularly, the master-plan found that the Company has deviated from the master plan and it is on account of this deviation, the marking of petitioners' property was erroneous. Respondent No.3- Deputy Commissioner has come to the conclusion that in terms of CDP plan, the petitioners' property does not fall within the zone of 80 feet. It is only on account of deviation, -8- WP No. 101062 of 2023 C/W WP No. 104717 of 2022 it was found that petitioners' property was included and therefore, the Deputy Commissioner found that this deviation is contrary to the CDP plan and is not supported by any material on record and therefore, respondent No.3- Deputy Commissioner has fixed the responsibility on respondent No.2-Company by placing reliance on the report of the Deputy Director of Land Records. The Deputy Director of Land Records on spot inspection found that the petitioners' property does not fall within the radius of 80 feet and therefore, demolition was found to be illegal.
6. If the conclusions and findings recorded by respondent No.3-Deputy Commissioner is examined, this Court would find that the writ petition No.104717/2022 filed by respondent No.2-Company is devoid of merits. The grounds urged in the writ petition will not displace the findings and conclusions arrived at by the respondent No.3- Deputy Commissioner. The writ petition filed by the Company in W.P.No.104717/2022 is devoid of merits and same is liable to be dismissed.
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7. Insofar as leading writ petition No.101062/2023 is concerned, this Court would find that respondent No.3- Deputy Commissioner has failed to comply the order passed by this Court. The case on hand depicts sorry state of affairs . The Deputy Commissioner has not taken cognizance of the directions issued by this Court. On examining the direction which is culled out supra, this Court would find that the operative portion at paragraph (iii) clearly indicates that it is for respondent No.3-Deputy Commissioner, who was required to determine the quantum of compensation. However, respondent No.3-Deputy Commissioner left it to the discretion of respondent No.2-Company to decide the quantum of compensation and then pay the same to the petitioners. Respondent No.3-Deputy Commissioner could not have shirked his responsibility and therefore, latter part of the order runs contrary to the direction issued by this Court. Therefore, the petition filed by the owner of the property is liable to be allowed in part.
8. For the foregoing reasons, I pass the following:
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ORDER
i) The writ petition No.101062/2023 is hereby allowed in part.
ii) Respondent No.3-Deputy Commissioner is directed to determine the compensation payable to the petitioners after securing records from the jurisdictional Sub-Registrar taking into consideration the prevailing market value of the property as on the date of demolition.
iii) Respondent No.3-Deputy Commissioner shall secure all relevant materials which would assist him in determining the compensation payable to the petitioners.
iv) This exercise shall be completed within a period of three months from the date of receipt of certified copy of this order.
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WP No. 101062 of 2023C/W WP No. 104717 of 2022
v) The writ petition No. 104717/2022 filed by the Company is hereby dismissed.
vi) In view of disposal of the petitions, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.
SD/-
JUDGE YAN, List No.: 1 Sl No.: 19