Writ Petition No. 26673 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:11443 WP No. 26673 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 26673 OF 2024 (LB-RES) BETWEEN: 1. SMT. SHAKUNTALA, W/O T. VENKATESH REDDY, AGED ABOUT 77 YEARS, 2. SRI. REDDY VISHAL KUMAR T.V, S/O T. VENKATESH REDDY, AGED ABOUT 53 YEARS, BOTH R/AT 543, DAVANGERE ROAD, OPPOSITE VETANARY HOSPITAL, JAGALUR TLAUK, DAVANAGERE DISTRICT - 577 528. (BY SRI. SANGAMESH R.B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, PUBLIC WORKS DEPARTMENT, VIKAS SOUDHA, DR AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DY. COMMISSIONER DAVANAGERE DISTRICT, CHITRADURGA - 577 501. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA …PETITIONERS - 2 - NC: 2025:KHC:11443 WP No. 26673 of 2024 3. THE ASST. COMMISSIONER, DAVANAGERE SUB DIVISION, CHITRADURGA - 577 501. 4. THE ASST. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, JAGALUR - 577 501. 5. THE TAHSILDAR JAGALUR TALUK, JAGALUR - 577 501. 6. THE CITY MUNICIPAL COUNCIL JAGALUR - 577 501, REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS
Legal Reasoning
(BY SMT. B.P. RADHA, AGA FOR R1, R3, R4, R5; SRI. MAHESH R. UPPIN, ADVOCATE FOR R2, R6) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT AUTHORITIES RESTRAINING THEM FROM INTERFERING WITH THE PETITIONER PEACEFUL POSSESSION OF THE SCHEDULE PROPERTY IN ANY MANNER INCLUDING A DIRECTION NOT TO DEMOLISH OR DISPOSSESS THE PETITIONER IN RESPECT OF THE SCHEDULE PROPERTY ALONG WITH BUILDING WITHOUT FOLLOWING THE DUE PROCESS OF LAW FOR THE PURPOSE OF WIDENING CHALLAKERE DAVANAGERE MAIN ROAD AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:11443 WP No. 26673 of 2024 CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioner has sought for issuance of writ to direct the respondents by restraining them from interfering with the peaceful possession of the schedule property and with a further direction not to demolish or dispossess the petitioner without following due process of law for the purported purpose of widening the Challakere- Davanagere main road. 2. The case of the petitioner is that they apprehend action by the respondents for the purpose of road widening as is evidenced by Media Report at Annexure-D. 3. Learned counsel appearing for the respondent submits that they would undertake action only in accordance with law. 4. Perused the order passed in W.P.No.13698- 13700/2019 as well as W.P.No.26656/2024. In identical - 4 - NC: 2025:KHC:11443 WP No. 26673 of 2024 circumstances that the directions passed in W.P.No.13698- 13700/2019 could be passed in the present matter also. 5. Observations at this Court in W.P.No.13698/2019 and connected matters at Paragraphs 6 to 9 reads as follows: "6. Heard learned counsel appearing for both the sides. In view of undisputed facts, after hearing both the sides, the matter is considered as below:- The proposal to widen Bengaluru-Dharwad Road by the respondents is sought to be implemented. Insofar as private rights of the petitioners, who rely on their documents of title, the same is a matter to be taken note of by the respondent Authorities. However, it is the contention of respondents that in many of the cases, the petitioners have encroached upon public property including the road and hence, are not entitled to the reliefs as sought for. For the purpose of a settled procedure to carry out the activity of road widening, the following procedure is prescribed:- (a) Notices are to be issued to the petitioners and the notices must prescribe necessary details, including the extent of the property of the petitioners that is required for the proposed road widening - 5 - NC: 2025:KHC:11443 WP No. 26673 of 2024 activity, calling upon the petitioners to submit their documents of title and other records relating to ownership and enjoyment of the properties. The respondent Authorities to conduct an appropriate enquiry under Section 82 of the Karnataka Municipalities Act, 1964 (‘the Act’ for brevity), if it is found that there is a claim by the respondent Authorities as regards the properties of the petitioners. (b) After the statutory enquiry, in the event, the petitioners’ are found to have encroached the public properties, reasonable time to avail of the legal redressal could be granted before action is taken by the respondent Authorities in accordance with the enquiry concluded in terms of Section 82 of the Act. In the event, the properties are found to be private properties, the respondents are directed to acquire rights in accordance with Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or in accordance with any other law as may be applicable with respect to acquisition of rights and interests of the properties of the petitioners. (c) It is also open to the respondent Authorities if they so decide to acquire rights through outright purchase through negotiations with the property - 6 - NC: 2025:KHC:11443 WP No. 26673 of 2024 owners in accordance with the procedure prescribed relating to the purchase of private properties. (d) It is also observed that the respondent Authorities are required to take note of the provisions contained in Chapter-IX of the Act relating to prescribing of building lines. If such building lines have not yet been prescribed, necessary steps to be taken. 7. The above directions are passed taking note of the order dated 23.03.2016 passed by this Court in Writ Petition Nos.50600-50602/2014 (LA-RES), as well as the judgment dated 18.03.2019 passed by Division Bench in Writ Appeal Nos.4296-4299/2015 and 4300-4303/2015 and further, the directions passed in Writ Petition Nos.30738-30757/2018 and connected petitions vide order dated 14.01.2019. 8. Subject to the above observations, these writ petitions are disposed of, reserving liberty to the respondent Authorities to take necessary action in accordance with law and in light of the observations made hereinabove for making use or acquiring the rights and interests of the properties of the petitioners. 9. The respondent Authorities are also to keep in mind the procedure prescribed in the Circular dated - 7 - NC: 2025:KHC:11443 WP No. 26673 of 2024 23.09.2016 vide No.£ÀCE 28 nJ0r 2016 while resorting to the road widening activity." 6. In the present matter also, the aforesaid directions are re-iterated and the respondents to follow the procedure as extracted above at Paragraphs 6 to 9 of W.P.No.13698/2019.
Decision
Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 21 CT: BHK