Writ Petition No. 28113 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:13319 WP No. 28113 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 28113 OF 2024 (LB-RES) BETWEEN: 1. N NAGARAJA RAO S/O D. NARAYANA ROAD, AGED ABOUT 57 YEARS, R/AT NO.12, MARENAHALLI ROAD, GANGAMBIKA BADAVANE, JAGALUR TOWN-577 528 2. SUJATHA K.S. W/O N. NAGARAJA RAO, AGED ABOUT 50 YEARS, R/AT NO.12, MARENAHALLI ROAD, GANGAMBIKA BADAVANE, JAGALUR TOWN-577 528 3. N. RAGHAVENDRA RAO S/O D. NARAYANA ROAD, AGED ABOUT 64 YEARS, R/AT NO.738, NEHARU ROAD, BHUVANESHWARI CIRCLE, JAGALUR TOWN-577 528
Legal Reasoning
(BY SRI. R SHASHIDHARA., ADVOCATE) Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA … PETITIONERS - 2 - NC: 2025:KHC:13319 WP No. 28113 of 2024 AND: 1. THE STATE OF KARNATAKA PUBLIC WORKS DEPARTMENT, VIKASA SOUDHA, DR.AMBEDKAR VEEDHI, BANGALORE-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY, 2. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE-577 001, 3. THE ASSISTANT COMMISSIONER, DAVANAGERE SUB DIVISION, DAVANAGERE-577 001, 4. THE TAHSILDAR, JAGALUR TALUK, JAGALUR-577 528, 5. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, JAGALUR SUB-DIVISION, JAGALUR-577 528, 6. THE CHIEF OFFICER, JAGLAUR TOWN PANCHAYAT, JAGALUR-577 528, … RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1 TO R5; SRI MAHESH R. UPPIN, ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION RESTRAINING THE RESPONDENTS FROM INTERFERING WITH - 3 - NC: 2025:KHC:13319 WP No. 28113 of 2024 THEIR PEACEFUL POSSESSION AND ENJOYMENT OF THE SCHEDULE PROPERTIES IN ANY MANNER INCLUDING THE DEMOLITION OF THE STRUCTURES STANDING IN THEREON OR UTILIZATION OF SCHEDULE PROPERTIES OTHER THAN DUE PROCESS OF LAW AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioners have filed the present petition seeking for issuance of writ restraining the respondents from interfering with the peaceful possession and enjoyment of the schedule properties. 2. The petitioners have also sought for an order of restraint against respondent no.1 from demolition of structure standing on the schedule property. 3. Learned counsel for respondents submits that the
Decision
matter may be disposed off in terms of the order passed in W.P.No.26713/2024 dated 19.03.2025. 4. The case of the petitioners that respondents cannot interfere with the possession without following the - 4 - NC: 2025:KHC:13319 WP No. 28113 of 2024 due process of law. It is submitted that the land has to be acquired if it is required for road widening and if it is the case of the respondents that there is no encroachment on the right of way, there has to be an enquiry and without following such procedure, question of interfering with petitioner's possession does not arise. 5. Heard both sides. 6. In an identical factual matrix, this court in W.P.No.26713/2024 had passed an order dated 19.03.2025. The relevant observation at Para 5 reads as follows: " 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 - 5 - NC: 2025:KHC:13319 WP No. 28113 of 2024 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 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. - 6 - NC: 2025:KHC:13319 WP No. 28113 of 2024 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 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. - 7 - NC: 2025:KHC:13319 WP No. 28113 of 2024 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 23.09.2016 vide No.£ÀCE 28 nJ0r 2016 while resorting to the road widening activity." 7. 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. 8. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE Np/-