Karnataka High Court
Smt. R. Manorama Shenoy vs State Of Karnataka on 24 August, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO.23972/2016 (LB-UC)
BETWEEN:
1. H.G. REVANNASIDDAIAH
SINCE DECEASED HIS LRS
1(A) R. SHIVAYOGI GADAGIMATH
AGED ABOUT 47 YEARS
1(B) R. CHANNABASAIAH
AGED ABOUT 45 YEARS
1(C) H.M. MANJULA
AGED ABOUT 42 YEARS
W/O H.M. RENUKASWAMY
HIREMATH COMPOUND, HALEPET
DAVANAGERE CITY, DAVANAGERE.
1(D) R. SIDDALINGAIAH
AGED ABOUT 40 YEARS
THE APPLICANTS ARE THE CHILDREN OF
DECEASED PETITIONER AND THE APPLICANTS
1(A),1(B) AND 1(D) ARE RESIDING AT NO.339/329/339
OLD P.B. ROAD, H-DIVISION, BRAMHAPURI EXTENSION
HARIHARA-577 601, DAVANAGERE DISTRICT.
...PETITIONERS
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(BY SRI S.V. PRAKASH, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
URBAN DEPARTMENT
M.S. BUILDING, DR. AMBEDKAR VEEDHI
BENGALURU-560 001.
2. THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (C&B)
K.R. CIRCLE, DR. AMBEDKAR VEEDHI,
BENGALURU-560 001.
3. THE SUPERINTENDING ENGINEER
PUBLIC WORKS DEPARTMENT
SHIVAMOGGA CIRCLE
SHIVAMOGGA-577 201.
4. THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT
DAVANAGERE DIVISION
DAVANAGERE-577 601.
5. THE ASSISTANT EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT
HARIHARA SUB-DIVISION
HARIHARA
DAVANAGERE DISTRICT-577 601.
6. THE DEPUTY COMMISSIONER
DAVANAGERE DISTRICT
DAVANAGERE-577 601.
7. THE ASSISTANT COMMISSIONER
DAVANAGERE SUB-DIVISION
DAVANAGERE-577 601.
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8. THE CITY MUNICIPAL COUNCIL
HARIHARA,
REPRESENTED BY ITS COMMISSIONER,
HARIHARA CITY-577 601
DAVANAGERE DISTRICT.
...RESPONDENTS
(BY SRI R. SRINIVASA GOWDA, AGA FOR R-1 TO R-7;
R-8 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE
THAT THE ACTION OF THE RESPONDENTS IN DEMOLISHING THE
PORTION OF THE BUILDING EXISTS ON THE SCHEDULE
PROPERTY TO THIS WRIT PETITION WITHOUT FOLLOWING THE
PROCEDURES ESTABLISHED BY LAW AS ONE WITHOUT
JURISDICTION AND WITHOUT AUTHORITY OF LAW AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Petitioners claim to be the owners of the property bearing Municipal Assessment No.339/329/339 measuring 5.50 x 24.50 meters or 1275 Sqft., consisting of RCC roof with Mangalore tiled roof on the backside and facing old P.B.road on the northern side situated at H-Division old P.B. Road, at H-Division, Bramhapuri Extension, Harihara Town.
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2. The petitioners grievance is that the portion of the property has been demolished and the same is utilized for widening of the Old Puna-Bangalore Highway. Hence, this writ petition is filed seeking for a direction to declare that the action of the respondents in demolishing the portion of the building is without following due process of law is in violation of Article 300A of the Constitution of India and also for a direction to the respondents to pay suitable compensation to the petitioners.
3. Learned counsel appearing for the petitioners submits that the respondents without following due process of law has demolished the portion of the property belonging to the petitioners and the same is utilized for the purpose of widening of the old P.B. road which is in violation of Article 300A of the Constitution of India and the petitioners are entitled for suitable compensation determined under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
4. The learned counsel further submits that in Identical circumstances, this Court in W.P.No.47843/2014 disposed of on 5 7.9.2015 has directed the respondent-State and its Authorities to pay compensation for having utilised the property belonging to the petitioner therein for the purpose of widening of the Old Puna-Bangalore Road.
5. On the other hand, learned Additional Government Advocate submits that the allegation of the petitioners that a portion of the property is utilized for widening of the old P.B. Road without following due process of law is to be ascertained after conducting survey and in the absence of survey, the relief sought for by the petitioners in this writ petition cannot be granted. Only if it is found that, the petitioners property has been utilised for the purpose of widening the old P.B. Road, the respondent-Authority will take appropriate action to pay suitable compensation to the petitioners.
6. I have examined the submissions made by the learned counsel appearing for the parties.
7. Grievance of the petitioners is that the portion of the property belonging to them has been utilized for the purpose of 6 widening Old P.B. Road without following due process of law. However, an extent of the property belonging to the petitioners which is utilized for the purpose of widening of the said road has to be ascertained only after conducting survey by the Officers concerned of the Public Works Department and upon conducting survey by the Officers concerned, if it is ascertained that the property belonging to the petitioners has been utilized for the purpose of widening of the Old P.B.Road, the petitioners are entitled for compensation in accordance with the provisions contained in the Act , 2013.
8. Therefore, it is expedient to dispose of the writ petition directing the respondents No.1 to 5 to conduct survey of the subject property after notifying the petitioners and after conducting the survey, if it is found that the portion of the property belonging to the petitioners has been utilized for the purpose of widening of Old P.B. Road, the respondents No.1 to 5 are directed to initiate proceeding for acquisition of the subject property under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and 7 Resettlement Act, 2013 and determine not only compensation but also rent, damages and other such compensatory reliefs including the loss caused to the petitioners.
The said exercise shall be concluded within the period of six months from the date of receipt of certified copy of this order.
Sd/-
JUDGE HR