Karnataka High Court
Dr. Shreyans S/O Prafulchand Kothari vs The State Of Karnataka & Ors on 27 February, 2013
Author: N.Kumar
Bench: N.Kumar
1
IN THE HIGH COURT OF KARNATAKA,
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 27TH DAY OF FEBRUARY 2013
BEFORE
THE HON'BLE MR.JUSTICE N.KUMAR
WRIT PETITION No.100038 OF 2013(LA-RES)
CONNECTED WITH
WRIT PETITION Nos.100001-002 OF 2013(LA-RES)
WRIT PETITION No.100068 OF 2013(LA-RES)
WRIT PETITION No.100043 OF 2013(LA-RES)
IN W.P.No.100038/2013
BETWEEN:
SMT. KHALEDAAMJUM
W/O MOHAMAD ALI SAHAB
AGE: 66 YEARS, OCC: HOUSEHOLD
REP. BY HER POWER OF ATTORNEY HOLDER
MOHAMAD ALI SAHAB
AGE: 72 YEARS
OCC:. RTD. ENGINEER
R/O H.NO.12, SY.NO.105/2
MSK MILL ROAD
GULBARGA - 585 102 ... PETITIONER
(BY SRI R.J.BHUSARE &
SRI B.V.JALDE, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
VIDHAN SOUDHA
REP. BY ITS SECRETARY
2
BANGALORE - 01
2. THE DEPUTY COMMISSIONER
GULBARGA MINI VIDHANA SOUDHA
GULBARGA - 585 102
3. THE CORPORATION CITY
OF GULBARGA - 585 102
REPRESENTED BY ITS
COMMISSIONER ... RESPONDENTS
(BY SRI SHIVAKUMAR R. TENGLI, AGA FOR R1 & R2,
SRI P.S.MALIPATIL, ADVOCATE FOR R3)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT OF PROHIBITION, PROHIBITING THE DEMOLITION OF
PROPERTIES AT SY.NO.105 BEARING CTS NO.150/9 SITUATED
AT MSK MILL ROAD, NEAR MAIN BUS STAND, GULBARGA, THE
RESPONDENTS ACTS ARE EITHER ORALLY OR WRITTEN OR
OTHERWISE, UNDER KARNATAKA TOWN AND COUNTRY
PLANNING ACT AND KARNATAKA MUNICIPAL CORPORATION
ACT, IN DEROGATIONS OF THE PROCEDURE PRESCRIBED
THERE UNDER.
IN W.P.Nos.100001-002/2013
BETWEEN:
1. GIRIJASHANKAR SHETTY
S/O LATE SRI SHETTY SANGAPPA
AGED ABOUT 50 YEARS
OCC: ADVOCATE
R/O " CHANDRA"
BESIDE HOTEL SUN INTERNATIONAL
JEWARGI ROAD, GULBARGA - 585 101
3
2. SMT. PARVATI SHETTY
W/O LATE SHETTY SANGAPPA
AGED 74 YEARS, OCC: HOUSEHOLD
R/O "CHANDRA"
BESIDE HOTEL SUN INTERNATIONAL
JEWARGI ROAD, GULBARGA - 585 101
... PETITIONERS
(BY SRI R.J.BHUSARE &
SRI B.V.JALDE, ADVOCATES)
AND:
1. THE DEPUTY COMMISSIONER
GULBARGA, MINI VIDHANA SOUDHA
GULBARGA - 585 101
2. THE CORPORATION CITY OF GULBARGA
REPRESENTED BY ITS COMMISSIONER
GULBARGA - 585 101
3. THE ASSISTANT COMMISSIONER
GULBARGA SUB DIVISION
GULBARGA - 585 101 ... RESPONDENTS
(BY SRI SHIVAKUMAR R. TENGLI, AGA FOR R1 & R3,
SRI P.S.MALIPATIL, ADVOCATE FOR R2)
THESE WRIT PETITIONS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF MANDAMUS AND DIRECT THE RESPONDENT NOT TO
DEMOLISH ALL THAT BUILDING AND STRUCTURE BUILT ON
PROPERTY BEARING NO.CTS 150/6 AND 150/7 SITUATED AT
JEWARGI CROSS, MSK MILL ROAD, GULBARGA TILL THE FINAL
AWARD AND COMPENSATION IS COMPLETED IN PURSUANCE
OF ANNEXURE-9(1) NOTIFICATION DATED 02.4.2011.
4
IN W.P.No.100068/2013
BETWEEN:
DR. SHREYANS
S/O PRAFULCHAND KOTHARI
AGE ABOUT 42 YEARS
OCC: MEDICAL PRACTITIONER
R/O MAIN ROAD, GULBARGA - 585 102
... PETITIONER
(BY SRI AMEET KUMAR DESHPANDE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPT. OF MUNICIPAL ADMINISTRATION
MS BUILDING, BANGALORE - 560 001
2. CORPORATION OF CITY OF GULBARGA
REP. BY ITS COMMISSIONER
MAIN ROAD, GULBARGA - 585 103
3. DEPUTY COMMISSIONER
GULBARGA - 585 102
4. SUPERINTENDENT OF POLICE
GULBARGA - 585 103 ... RESPONDENTS
(BY SRI SHIVAKUMAR R. TENGLI, AGA FOR R1, R3 & R4,
SRI A. VIJAYKUMAR, ADVOCATE FOR R2)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE RESPONDENTS NOT TO DEMOLISH THE PROPERTY OF
THE PETITIONER BEARING MUNICIPAL NO.1-46/B, 1-46/C AND
1-46/D MEASURING 3122 SQ.FT. 240 SQ.FT. AND 240 SQ.FT.
RESPECTIVELY, SITUATED AT MSK MILLS ROAD, STATION
5
AREA, GULBARGA, WITHOUT INITIATING ACQUISITION
PROCEEDINGS AS PER LAW AND ETC.
IN W.P.No.100043/2013
BETWEEN:
GAJANAN
S/O NARAYANRAO BASGODKAR
AGE: 49 YEARS, OCC: BUSINESS
H.NO.11-1872/52/C
VASANT NAGAR GULBARGA ... PETITIONER
(BY SRI AMRESH S. ROJA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REVENUE DEPARTMENT
M.S. BUILDING, BANGALORE -1
REPRESENTED BY ITS
PRINCIPAL SECRETARY
2. THE REGIONAL COMMISSIONER
GULBARGA - 585 101
3. THE DEPUTY COMMISSIONER
GULBARGA - 585 101
4. THE ASSISTANT COMMISSIONER &
SPECIAL LAND ACQUSITION OFFICER
GULBARGA - 585 101
5. THE COMMISSIONER
MUNICIPAL CORPORATION
GULBARGA - 585 101
6. THE COMMISSIONER
URBAN DVELOPMENT AUTHORITY
GULBARGA - 585 101 ... RESPONDENTS
(BY SRI SHIVAKUMAR R. TENGLI, AGA FOR R1 TO R4,
6
SRI P.S.MALIPATIL, ADVOCATE FOR R5,
SRI R.A.PATIL, ADVOCATE FOR R6)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT IN THE NATURE OF PROHIBITION OR ANY OTHER
APPROPRIATE WRIT OR ORDER OR DIRECTION, PROHIBITING
THE RESPONDENTS FROM DEMOLISHING/TAKING
POSSESSION OF THE PROPERTIES IN CTS NO.154 HOUSE
NO.11-1429/4, 11-1429/4/A, 11-1429/4/B AND CTS NO.153,
CHALATHA NO.44/2 SEAT NO.97, SITUATED AT NEAR BUS
STAND MSK MILL FOAD GULBARGA.
THESE PETITIONS COMING ON FOR FURTHER ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In these batch of writ petitions, petitioners have prayed for a direction to the respondents not to demolish building and structure built on their properties situated at Jewargi Cross, MSK Mill Road, Gulbarga.
2. The grievance of the petitioners is that they have put up shops, shopping complexes and houses on their properties. Either they themselves are in possession or 7 they are in possession through the tenants. When the said lands were sought to be notified for acquisition and taken possession forcibly, some of them have gone to Civil Court, filed suits and obtained orders of injunction. Inspite of the same, the respondents are trying to dispossess the petitioners from their respective properties and attempted to demolish the structures for the purposes of widening the roads. Therefore, they contend the right to property being a constitutional right under Article 300(A) of the Constitution of India, even if the Government wants to compulsorily acquire the land, they should do it so in accordance with law and pay compensation to them. The respondents have no right to take law to their hands and dispossess the petitioners or demolish the building, even if it is required for the purposes like widening of the roads.
3. Learned counsel appearing for respondents submits that it is true that they intend to acquire the petitioners' properties for the purposes of widening the 8 road. They submit that they will not take possession of the petitioners' properties nor demolish the petitioners' properties forcibly without initiating acquisition proceedings. The authorities are in the process of collecting requisite information and once all the information is available to them, they will proceed to acquire the land under the provisions of land acquisition Act, 1894 and hear the petitioners thereafter, pass award paying them compensation. The apprehension of the petitioners that the respondents are taking the law to their hands and attempting to take away the petitioners' properties except in accordance with law is without any substance. In the light of the aforesaid stand of the respondents, I pass the following:
ORDER
a) The writ petitions are allowed in part.
b) The respondents shall not take possession or demolish the properties of the petitioners without initiating acquisition proceedings 9 under the provisions of the Land Acquisition Act, 1894 and the properties shall be acquired in accordance with law.
Sd/-
JUDGE NB*