Karnataka High Court
Smt.K.R. Nagavamba vs State Of Karnataka on 17 January, 2024
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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NC: 2024:KHC:2098
WP No. 25131 of 2023
C/W WP No. 25590 of 2023
WP No. 25600 of 2023
WP No. 25601 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 25131 OF 2023 (LB-RES)
C/W
WRIT PETITION NO. 25590 OF 2023(LB-RES)
WRIT PETITION NO. 25600 OF 2023(LB-RES)
WRIT PETITION NO. 25601 OF 2023(LB-RES)
IN W.P.NO. 25131/2023
BETWEEN:
1. SMT.K.R. NAGAVAMBA
W/O LATE K N RAJAGOPALA SETTY
AGED ABOUT 68 YEARS
RESIDING AT DOOR NO.645
T R COLONY
GOWRIBIDANUR-561 208
CHIKBALLAPURA DISTRICT
Digitally signed
by VIJAYA P 2. SMT ACHAMAMBA
Location: HIGH
COURT OF W/O LATE BHAGAVANT GUPTA
KARNATAKA
AGED ABOUT 77 YEARS
RESIDING AT KOLIMI STREET
M G ROAD
NOW CALLED KUVEMPU ROAD
GOWRIBIDANUR-561 208
CHIKKABALLAPURA DISTRICT
3. SRI C V NAVEEN KUMAR
S/O LATE C S VASANTHAIAH
AGED ABOUT 48 YEARS
RESIDING AT NO. D 249
M G ROAD
ALSO CALLED KUVEMPU ROAD
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C/W WP No. 25590 of 2023
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GOWRIBIDANURU-561 208
CHIKBALLAPURA DISTRICT
4. SRI C A ASHOK KUMAR
S/O LATE C R ANANDRAM GUPTA
AGED ABOUT 69 YEARS
RESIDING AT DOOR NO.44-1
THYAGARAJA COLONY
GOWRIBIDANUR-561 208
CHIKBALLAPURA DISTRICT
5. SMT N M NIHARIKA
W/O SUHAS R M
AGED ABOUT 25 YEARS
RESIDING AT 2357
SURYA, 19TH CROSS
K R ROAD
BANASHANKARI 2ND STAGE
BANGALORE-560 070
6. SMT N M MALIAKA
D/O N S MANJUNATH
AGED ABOUT 19 YEARS
RESIDING AT C-559
PUSHPA NILAYA
RAILWAY STATION ROAD
GOWRIBIDANUR-561 208
CHIKKABALLAPURA DISTRICT
... PETITIONERS
(BY SRI. SACHINDRA KARANTH., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
MULTI-STORIED BUILDING
BANGALORE-560 001
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WP No. 25131 of 2023
C/W WP No. 25590 of 2023
WP No. 25600 of 2023
WP No. 25601 of 2023
2. THE DEPUTY COMMISSIONER
CHIKBALLAPUR DISTRICT
CHIKBALLAPUR-562 101
3. THE TASHILDAR
GOWRIBIDANUR
CHIKBALLAPUR DISTRICT-562 101
4. NATIONAL HIGHWAY AUTHORITY OF INDIA
G 5 AND 6
SECTOR-10, DWARAKA
NEW DELHI-110 075
REPRESENTED BY ITS CHAIRMAN
5. ASSISTANT EXECUTIVE ENGINEER
NATIONAL HIGHWAY AUTHORITY OF INDIA
NATIONAL HIGHWAY SUB DIVISION
CHIKABALLAPURA-562 101
6. ASSISTANT ENGINEER
NATIONAL HIGHWAY AUTHORITY OF INDIA
NATIONAL HIGHWAY SUB DIVISION
CHIKABALLAPURA-562 101
7. UNION OF INDIA
REPRESENTED BY THE SECRETARY
MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS
TRANSPORT BHAWAN
1, PARLIAMENT STREET
NEW DELHI-110 001
8. CITY MUNICIPAL COUNCIL
GOWRIBIDANUR-561 208
REPRESENTED BY ITS COMMISSIONER
9. CIRCLE INSPECTOR OF POLICE
GOWRIBIDANUR CIRCLE
GOWRIBIDANUR-561 208
... RESPONDENTS
(BY SMT. B.P. RADHA., AGA FOR R1 TO R3, R9;
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WP No. 25131 of 2023
C/W WP No. 25590 of 2023
WP No. 25600 of 2023
WP No. 25601 of 2023
SMT. SHILPA SHAH., ADVOCATE FOR R4 TO R6;
SRI. AJAY PRABHU., ADVOCATE FOR R7;
SRI. PRAJWAL P., ADVOCATE FOR R8)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS SHALL NOT DEMOLISH ANY PORTION OF THE
SCHEDULE PROPERTIES BELONGING TO THE PETITIONERS
BEARING ASSESSMENT NOS. 364/324/1, 366/326, 373/333,
113/100, 368/328, 665/325 AND 667/327 WHICH IS SITUATED
ON EITHER SIDE OF KUVEMPU ROAD, ALSO CALLED M G
ROAD, GOWRIBIDANUR TOWN, CHIKBALLAPUR TALUK,
WITHOUT FIRST ACQUIRING THE PROPERTIES IN
ACCORDANCE WITH LAW AND PAYING FULL COMPENSATION
AND ETC.
IN W.P.NO. 25590/2023
BETWEEN:
1. SRI K S NAGARAJ
S/O SRI KAPARTHI SATYANARAYANA GUPTA
AGED ABOUT 54 YEARS
BRAHMIN STREET
GOWRIBIDANUR-561 208
2. SRI N R MANJUNATH GUPTA
S/O NAMA RAMGUPTA
AGED ABOUT 74 YEARS
TYAGARAJA COLONY
GOWRIBIDANURU-561 208
3. SRI N R SRINIVAS GUPTA
S/O N R RADHAKRISHNA GUPTA
AGED ABOUT 52 YEARS
C-13, V V PURAM
GOWRIBIDANUR-561 208
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C/W WP No. 25590 of 2023
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WP No. 25601 of 2023
4. SRI N S PANDURANGA GUPTA
S/O NAMA SRINIVASAIAH SETTY
AGED ABOUT 84 YEARS
PANDURANGA JEWELLERY
M G ROAD
GAURIBIDANURU-561 208
5. SRI P S SATHISH KUMAR
S/O POBBISHETTY SITHARAMAIAH
AGED ABOUT 55 YEARS
NO.1/62, KODIBRAMHADEVA NILAYA
ABHILASH LAYOUT
GOWRIBIDANUR-561 208
6. SRI K N SURAIAH SETTY
S/O APPAIAH SETTY
AGED ABOUT 85 YEARS
C-559, PUSHPA NILAYA
RAILWAY STATION ROAD
GAURIBIDANUR
7. SMT KALPANA M
W/O N S MANJUNATH
AGED ABOUT 47 YEARS
C-559, PUSHPA NILAYA
RAILWAY STATION ROAD
GOWRIBIDANUR-561 208
8. SRI PRAMOD JAI SHEEL
S/O LATE JAISHEEL SHETTY
AGED ABOUT 55 YEARS
C/O ESTHURI HARDWARE
B H ROAD
GAURIBIDANUR
9. SRI E S RAMESH KUMAR
S/O LATE ESTURI SUBBAIAH SHETTY
AGED ABOUT 66 YEARS
B-13 MAIN ROAD
GOWRIBIDANUR
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WP No. 25601 of 2023
10 . SRI N C SRINIVASA MURTHY
S/O SRI N L CHENNAIAH SHETTY
AGED ABOUT 68 YEARS
TYAGARAJA COLONY
GAURIBIDANUR
11 . SMT E R VIJAYALAKSHMI
W/O SRI E N RANGANATH
AGED ABOUT 70 YEARS
VENKATAPPA GALLI
MAIN ROAD
GOWRIBIDANUR
12 . SRI SUBRAMANYAM K S
S/O SURYANARAYAN SHETTY
AGED ABOUT 62 YEARS
NO.440, ANUGRAHA NIVAS
RAILWAY STATION ROAD
GOWRIBIDANUR
13 . SRI BAWAR SINGH
S/O KHEEM SINGH
AGED ABOUT 60 YEARS
TYAGARAJA COLONY
GAURIBIDANUR
14 . SRI NAGARAJ A R
S/O LATE A N RAMAIAH SHETTY
AGED ABOUT 66 YEARS
V V PURAM
GAURIBIDANUR
15 . SRI BALARAM A N
S/O LATE A R NARAYAN SHETTY
AGED ABOUT 77 YEARS
V V PURAM
GAURIBIDANUR
16 . SRI A N LAKSHMAN
SON OF LATE A R NARAYAN SHETTY
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WP No. 25601 of 2023
AGED ABOUT 74 YEARS
V V PURAM
GAURIBDINAUR
17 . SRI A N RAJANNA
SON OF LATE A R NARAYAN SHETTY
AGED ABOUT 71 YEARS
V V PURAM
GAURIBIDANUR
18 . SRI A N VENUGOPAL
SON OF LATE A R NARYAN SHETTY
AGED ABOUT 69 YEARS
V V PURAM
GAURIBIDANUR
19 . SRI A N KRISHNAMURTHY
SON OF LATE A R NARAYAN SHETTY
AGED ABOUT 75 YEARS
SRI LAKSHMI NILAYA
BASAVESHWARA BAVANA
V V PURAM
GAURIBIDANUR
20 . SRI P S SATYAPRASAD
SON OF P S SANJEEVAIAH
AGED ABOUT 57 YEARS
M G ROAD
GOWRIBIDANUR
21 . SRI S H NAGARAJ
SON OF S K HANUMANTHAIAH SETTY
AGED ABOUT 65 YEARS
V V PURAM
GOWRIBDANUR
22 . SRI G NARASIMHMURTHY
SON OF GANGADHARAPPA
AGED ABOUT 65 YEARS
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C/W WP No. 25590 of 2023
WP No. 25600 of 2023
WP No. 25601 of 2023
NO.4, 1 FLOOR
KUDLU MAIN ROAD
B.T.R. GARDEN
SCHOOL BOMMANAHALLI
ANEKALU
BANGALORE 560 068
... PETITIONERS
(BY SRI. SACHINDRA KARANTH., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
MULTI-STORIED BUILDING
BANGALORE-560 001
2. THE DEPUTY COMMISSIONER
CHIKKABALLAPUR DISTRICT
CHIKKABALLAPUR-562 101
3. THE TAHSILDAR
GOWRIBIDANUR
CHIKBALLAPUR DISTRICT-562 101
4. NATIONAL HIGHWAY AUTHORITY OF INDIA
G 5 AND 6, SECTOR-10
DWARAKA
NEW DELHI-110 075
REPRESENTED BY ITS CHAIRMAN
5. ASSISTANT EXECUTIVE ENGINEER
NATIONAL HIGHWAY AUTHORITY OF INDIA
NATIONAL HIGHWAY SUB DIVISION
CHIKABALLAPURA-562 101
6. ASSISTANT ENGINEER
NATIONAL HIGHWAY AUTHORITY OF INDIA
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NC: 2024:KHC:2098
WP No. 25131 of 2023
C/W WP No. 25590 of 2023
WP No. 25600 of 2023
WP No. 25601 of 2023
NATIONAL HIGHWAY SUB DIVISION
CHIKABALLAPURA-562 101
7. UNION OF INDIA
REPRESENTED BY THE SECRETARY
MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS
TRANSPORT BHAWAN
1, PARLIAMENT STREET
NEW DELHI-110 001
8. CITY MUNICIPAL COUNCIL
GOWRIBIDANUR-561 208
REPRESENTED BY ITS COMMISSIONER
9. CIRCLE INSPECTOR OF POLICE
GOWRIBIDANUR CIRCLE
GOWRIBIDANUR-561 208
... RESPONDENTS
(BY SMT. B.P. RADHA., AGA FOR R1 TO R3, R9;
SMT. SHILPA SHAH., ADVOCATE FOR R4 TO R6;
SRI. CHARAN KUMAR K.V, ADVOCATE FOR R7;
SRI. PRAJWAL P., ADVOCATE FOR R8)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS SHALL NOT DEMOLISH ANY PORTION OF THE
SCHEDULE PROPERTIES BELONGING TO THE PETITIONERS
BEARING MUNICIPAL ASSESSMENT NOS. 71/20/73/71,
662/1/613/1, 670/622, 670/1/622/1, 667/618, 667C/618C,
655E/606E, 655/D/606/D, 946/1, G946/2, G946/1/1G,
1G1B1/946/G/B, E/946/E, 946/1C, 358/347, 144/127,
197/172, 9/6, AND 1617/1400, WHICH IS SITUATED ON
EITHER SIDE OF KUVEMPU ROAD, ALSO CALLED M.G. ROAD,
GOWRIBIDANUR TOWN, CHIKBALLAPUR TALUK, WITHOUT
FIRST ACQUIRING THE PROPERTIES IN ACCORDANCE WITH
LAW AND PAYING FULL COMPENSATION AND ETC.
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C/W WP No. 25590 of 2023
WP No. 25600 of 2023
WP No. 25601 of 2023
IN W.P.NO. 25600/2023
BETWEEN:
1. SRI KHARTHA RAM
SON OF SRI DURGA RAM,
AGED ABOUT 42 YEARS,
NO 1630/15, GEETHA ASHRAMA ROAD,
GOWRIBIDANUR,
CHIKKABALLAPUR DISTRICT - 561 208.
2. SRI K M NAGENDRA PRASAD
SON OF SRI K S MALLIKARJUN GUPTA,
AGED ABOUT 28 YEARS,
TOBACCO COLONY,
RATNAMMA LAYOUT,
GOWRIBIDANUR,
CHIKKABALLAPUR DISTRICT - 561 208.
3. SRI C A JAYAKUMAR
SON OF SRI ANAND RAM GUPTA C R
AGED ABOUT 64 YEARS,
PADMANABANAGAR,
183, AKSHAYA COMFORTS,
C J VENKATADAS ROAD,
BIDARAHALLI,
BENGALURU - 560 070
4. SRI M M MANOHAR
SON OF MURARIAH SHETTY,
AGED ABOUT 55 YEARS,
DOOR NO 14/77/1, MAITRIKOOTA ROAD,
V V PURAM,
GOWRIBIDANUR,
CHIKKABALLAPUR DISTRICT - 561 208.
5. SRI C A RAGHU RAM
SON OF ASHOK KUMAR,
AGED ABOUT 35 YEARS,
DOOR NO. 44/1, TYAGARAJA COLONY,
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WP No. 25601 of 2023
GOWRIBIDANUR,
CHIKKABALLAPUR DISTRICT - 561 208
6. SMT N G RAJALAKSHMI
W/O LATE N V GOPI
AGED ABOUT 52 YEARS,
SRI LAKSHMIVENKATESHWARA NILAYA,
C-581, TYAGARAJA COLONY,
GOWRIBIDANUR,
CHIKKABALLAPUR DISTRICT - 561 208
7. SMT LAKSHMI ARAVIND
WIFE OF LATE S S ARAVIND,
AGED ABOUT 38 YEARS,
NO 15, 4TH CROSS,
BHUVANESHWARI NAGAR,
BENGALURU - 560 032.
8. SRI K V SAROJAMMA
WIFE OF LATE K A VISHWANATH,
AGED ABOUT 82 YEARS,
B H ROAD CROSS,
NEXT TO GRAMINA BANK, UPSTAIRS,
GOWRIBIDANUR,
CHIKKABALLAPUR DISTRICT - 561 208
REPRESENTED BY HER
GPA HOLDER SRI MADHUKAR K V
9. SMT SOWMYA M V
WIFE OF VENKATESH M G
AGED ABOUT 44 YEARS,
VENKATESHWARA NILAYA,
NEAR R K CLINIC,
V V PURAM,
GOWRIBIDANUR,
CHIKBALLAPUR DISTRICT - 561 208.
10. SMT N S PADMAPRIYA
WIFE OF N V SRIDHAR,
AGED ABOUT 44 YEARS,
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VENKATADRI NILAYA,
BRAHMIN STREET,
VINAYAK NAGAR,
GOWRIBIDANUR,
CHIKBALLAPUR DISTRICT - 561 208
11. SMT SUJATHA
WIFE OF BALASUBRAMANYAM,
AGED ABOUT 72 YEARS,
V V PURAM, GOWRIBIDANUR,
CHIKBALLAPUR DISTRICT - 561 208
12. SRI A SATYANARAYANA SHETTY
SON OF A N ANANDAKRISHNAIAH,
AGED ABOUT 72 YEARS,
2ND CROSS, 631/2, TYAGARAJA COLONY,
GOWRIBIDANUR,
CHIKBALLAPUR DISTRICT - 561 208
13. SRI DINESH KUMAR JAIN
SON OF DEEPCHAND JAIN,
AGED ABOUT 45 YEARS,
NO.11/1, 3RD FLOOR, 1ST CROSS,
GEJJE BASATTI GALLI, COTTENPET,
BENGALURU - 560 053.
... PETITIONERS
(BY SRI. SACHINDRA KARANTH., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
MULTI STORIED BUILDING,
BANGALORE - 560 001.
2. THE DEPUTY COMMISSIONER
CHIKBALLAPUR DISTRICT
CHIKBALLAPUR - 562 101.
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WP No. 25131 of 2023
C/W WP No. 25590 of 2023
WP No. 25600 of 2023
WP No. 25601 of 2023
3. THE TASHILDAR
GOWRIBIDANUR,
CHIKBALLAPUR DISTRICT - 562 101.
4. NATIONAL HIGHWAY AUTHORITY OF INDIA
G 5 AND 6, SECTOR 10,
DWARAKA, NEW DELHI - 110 075
REPRESENTED BY ITS CHAIRMAN.
5. ASSISTANT EXECUTIVE ENGINEER
NATIONAL HIGHWAY AUTHORITY OF INDIA.
NATIONAL HIGHWAY SUB DIVISION,
CHIKABALLAPURA - 562 101.
6. ASSISTANT ENGINEER
NATIONAL HIGHWAY AUTHORITY OF INDIA,
NATIONAL HIGHWAY SUB DIVISION,
CHIKABALLAPURA - 562 101.
7. UNION OF INDIA
REPRESENTED BY THE SECRETARY,
MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS,
TRANSPORT BHAWAN,
1, PARLIAMENT STREET,
NEW DELHI - 110 001.
8. CITY MUNICIPAL COUNCIL
GOWRIBIDANUR - 561 208
CHIKKABALLAPUR DISTRICT - 561 208
REPRESENTED BY ITS COMMISSIONER.
9. CIRCLE INSPECTOR OF POLICE
GOWRIBIDANUR CIRCLE,
GOWRIBIDANUR - 561 208
CHIKKABALLAPUR DISTRICT - 561 208
...RESPONDENTS
(BY SMT. B.P. RADHA., AGA FOR R1 TO R3;
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WP No. 25131 of 2023
C/W WP No. 25590 of 2023
WP No. 25600 of 2023
WP No. 25601 of 2023
SMT. SHILPA SHAH., ADVOCATE FOR R4 TO R6;
SRI. CHARAN KUMAR K.V., ADVOCATE FOR R7;
SRI. PRAJWAL P., ADVOCATE FOR R8 & R9)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS SHALL NOT DEMOLISH ANY PORTION OF THE
SCHEDULE PROPERTIES BELONGING TO THE PETITIONERS
BEARING MUNICIPAL ASSESSMENT NOS. 372/1/332/1,
112/99, 113/1/100/1, 117/104, 119/106, 120/107, 121/10,
122/109, 363/323A, 362/322, 373/332, 373/A/1 AND 363/323
WHICH IS SITUATED ON EITHER SIDE OF KUVEMPU ROAD,
ALSO CALLED M.G. ROAD, GOWRIBIDANUR TOWN,
CHIKKABALLAPUR TALUK, WITHOUT FIRST ACQUIRING THE
PROPERTIES VALIDLY AND IN ACCORDANCE WITH LAW AND
PAYING FULL COMPENSATION AND ETC.
IN W.P.NO. 25601/2023
BETWEEN:
1. SRI D S RAMESH KUMAR
LATE N K SRIRAMAIAH SETTY,
AGED ABOUT 56 YEARS,
RESIDING AT C 666, GOWRI NILAYA,
T.R. COLONY,
GOWRIBIDANUR-561 208
CHIKBALLAPURA DISTRICT.
2. SRI.K. SRINIVASA MURTHY
S/O LATE K. ANANTHARAMAIAH SETTY,
AGED ABOUT 72 YEARS,
RESIDING AT NO.338,
M.G.ROAD,
NOW CALLED KUVEMPU ROAD,
GOWRIBIDANUR-561 208
CHIKBALLAPURA DISTRICT
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3. SMT. RAJALAKSHMI
W/O LATE P.V. JAGGANATH,
AGED ABOUT 68 YEARS,
RESIDING AT NO.163,
THIRUMALA NILAYA,
V.V.PURAM,
BEHIND NATARAJA THEATER,
GOWRIBIDANUR-561 208
CHIKBALLAPURA DISTRICT
4. SMT. SHOBHASHREE T.H.
W/O L RAMESH,
AGED ABOUT 45 YEARS,
RESIDING AT V.V.PURAM,
OPPOSITE GOWRI SCHOOL,
V.V.PURAM,
GOWRIBIDANUR-561 208
CHIKBALLAPURA DISTRICT.
... PETITIONERS
(BY SRI. SACHINDRA KARANTH., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT,
MULTI-STORIED BUILDING,
BANGALORE-560 001
2. THE DEPUTY COMMISSIONER
CHIKBALLAPUR DISTRICT,
CHIKBALLAPUR-562 101
3. THE TASHILDAR
GOWRIBIDANUR,
CHIKABALLAPUR DISTRICT-562 101
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WP No. 25131 of 2023
C/W WP No. 25590 of 2023
WP No. 25600 of 2023
WP No. 25601 of 2023
4. NATIONAL HIGHWAY AUTHORITY OF INDIA
G 5 AND 6,
SECTOR-10,
DWARAKA,
NEW DELHI-110 075
REPRESENTED BY ITS CHAIRMAN
5. ASSISTANT EXECUTIVE ENGINEER
NATIONAL HIGHWAY AUTHORITY OF INDIA,
NATIONAL HIGHWAY SUB DIVISION,
CHIKABALLAPURA-562 101
6. ASSISTANT ENGINEER
NATIONAL HIGHWAY AUTHORITY OF INDIA,
NATIONAL HIGHWAY SUB DIVISION,
CHIKABALLAPURA-562 101
7. UNION OF INDIA
REPRESENTED BY THE SECRETARY,
MINISTRY OF ROAD,
TRANSPORT AND HIGHWAYS,
TRANSPORT BHAWAN,
1, PARLIAMENT STREET,
NEW DELHI-110 001
8. CITY MUNICIPAL COUNCIL
GOWRIBIDANUR-561 208
REPRESENTED BY ITS COMMISSIONER.
9. CIRCLE INSPECTOR OF POLICE
GOWRIBIDANUR CIRCLE,
GOWRIBIDANUR-561 208
... RESPONDENTS
(BY SMT. B.P. RADHA., AGA FOR R1 TO R3 & R9;
SMT. SHILPA SHAH., ADVOCATE FOR R4 TO R6;
SRI. CHAVAN KUMAR K.V., ADVOCATE FOR R7;
SRI. PRAJWAL P., ADVOCATE FOR R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
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C/W WP No. 25590 of 2023
WP No. 25600 of 2023
WP No. 25601 of 2023
DIRECT THE RESPONDENTS SHALL NOT DEMOLISH ANY
PORTION OF THE SCHEDULE PROPERTIES BELONGING TO THE
PETITIONERS BEARING MUNICIPAL ASSESSMENT NO.
121/1/108/1, 331/290, 364/324, 372/2 (PORTION), 372/2
(REMAINING) AND 369/329 WHICH IS SITUATED ON EITHER
SIDE OF KUVEMPU ROAD, ALSO CALLED M.G. ROAD,
GOWRIBIDAMUR TOWN, CHIKKABALLAPUR TALUK, WITHOUT
FIRST ACQUIRING THE PROPERTIES VALIDLY AND IN
ACCORDANCE WITH LAW AND AFTER PAYING FULL
COMPENSATION AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners in these writ petitions have sought for issuance of writ of mandamus to direct the respondents not to demolish any portion of the schedule properties belonging to the petitioners as described in each of the petitions and have sought for an order of restraint against the respondents not to take any action without following the due process of law by resorting to acquisition.
2. As the relief sought for and the factual matrix in all the petitions are identical, all the petitions are taken up for disposal and are disposed off by a common order.
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3. It is the case of the petitioners that they are the lawful owners of the properties, details of which have been furnished in the petition and that there has been survey regarding formation of road. It is submitted that the proposed National Highway - 69 is being laid out and in the context of laying out such road, there is an apprehension of the petitioners regarding encroachment of their properties.
4. Petitioners submit that without any acquisition having been conducted, there is a threat of utilization of petitioners' properties. By placing reliance on the survey sketch, it is submitted that the highway runs through the properties of the petitioners.
5. Learned counsel appearing for the National Highway Authority of India (NHAI) submits that the development of the National Highway which is the subject matter of the present petitions has not been entrusted as yet by the Central Government and accordingly, unless
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NC: 2024:KHC:2098 WP No. 25131 of 2023 C/W WP No. 25590 of 2023 WP No. 25600 of 2023 WP No. 25601 of 2023 entrustment under Section 5 of the National Highways Authority of India Act, 1988, question of the NHAI executing any work does not arise and further points out that the sketch enclosed along with W.P.No. 25601/2023 at Annexure-H would indicate that the development of the highway has been entrusted to the National Highway (PWD) i.e. to the state agency.
6. Learned Additional Government Advocate submits upon instructions that though the formation of the highway is a task entrusted to the State, however it is clear that they would not make use of the private property without resorting to acquisition as per law.
7. In light of the said undertaking, petitions are disposed off while observing that there cannot be any utilization of private properties of the petitioners except after acquisition or obtaining transfer of private property by negotiations as per law. The said direction would take care of the grievance of the petitioners and apprehension
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NC: 2024:KHC:2098 WP No. 25131 of 2023 C/W WP No. 25590 of 2023 WP No. 25600 of 2023 WP No. 25601 of 2023 regarding violation of the right under Article 300-A of the Constitution of India.
8. Accordingly, petitions are disposed off.
Sd/-
JUDGE VP