IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION NO.42226/2019 (LB-RES) BETWEEN:
Dr.K.N.Devaraj.M.S (Ortho), Aged about 49 years, S/o Late Nanjappa, Sri Gurav Orthopaedic & Surgical Hospital, Opp:Sarvagna Park, Near Govt. Boys College, Kote, Kolar – 563101.
…Petitioner (By Sri. Narayanaswamy.K, Advocate) AND:
1. The State of Karnataka, Represented by its Chief Secretary, Vidhana Soudha, Bengaluru – 560001.
2. The Principal Secretary, Town Planning Department, Vikasa Soudha, Bengaluru – 560001.
3. The Deputy Commissioner, Zilla Panchayath Bhavan, Near Devaraj Urs Medical College, Tamaka, Kolar – 563101.
4. The Executive Engineer, Department of PWD, Kolar Town, Kolar – 563101.
...Respondents (By Smt.Prathima Honnapura, AGA for R1 to R4) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to obey, respect and follow the due procedure of law guaranteed under Article 300-A of Constitution of India apart from Human Rights as enunciated in the declaration of Human and Civil Rights for which Government of India is also a signatory for widening of the roads and National highways.
This Petition coming on for Preliminary hearing in ‘B’ group this day, the Court made the following:
O R D E R The petitioner is stated to be the owner of property bearing Katha No.373/1, Assessment No.415/1-2448/1, Property ID No.3-1-512-43,371/413, measuring East to West 63 and North to South 35 Feet and another property bearing No.15 (Katha No.15) Municipal Property No.3-1-3-27 (Old Municipal Katha No.2371/2457) Present Property ID No.3-1-25, 371/1-415/1, measuring East to West 54 and North to South 60 Feet, has filed the present petition seeking for issuance of writ, order or direction in the nature of Mandamus to direct respondents to follow due procedure as per law while undertaking widening of the road. It is submitted that the respondent No.4 – Public Works Department has undertaken to widen the road that runs through Kolar Town.
2. The learned counsel appearing on behalf of the State on instructions submits that the proposal is for widening of Bangarpete to Bagepalli road which runs through Kolar Town.
3. The learned counsel for the petitioner states that the existing road is sufficient for movement of traffic and no ground is made out for widening of the road. It is further submitted that necessary markings are made on the properties of the petitioner as is evident from the photographs at Annexure – E, which indicates the proposed extent of encroachment of property of the petitioner. Hence, it is contended that the respondent authority ought to be restrained from encroaching on the property rights of the petitioner except as per due process of law.
4. Learned AGA appearing on behalf of the State submits upon instructions that due identification of the buildings as well as extent of utilization of private properties has been made for the purpose of road widening. However, as per the communication dated 06.09.2019, the proposal for road widening including tender process has been kept on hold.
5. Copy of the said communication is furnished by filing a memo. Same is taken on record.
6. In the light of the said submission, no further orders are called for. However, in the light of the submission of the learned AGA appearing on behalf of the State that the proposal has been kept in abeyance only for the timebeing and process would be restarted subject to administrative convenience, it is made clear that if properties of the petitioner are sought to be made use of or encroached upon for the purpose of road widening activity, the respondent authority to necessarily acquire the properties in accordance with law applicable for acquisition.
7. The respondent authority is at liberty to resort to outright purchase as may be permissible on mutual acceptable terms if it is found to be convenient for acquisition of rights of the petitioner.
8. It is made clear that in the event the respondent is of the view that there has been encroachment of public right of way by the property owners, necessary enquiry strictly in accordance with applicable law is to be followed after providing sufficient opportunity to the petitioner.
Accordingly, petition is disposed of subject to the above observations.
Sd/- JUDGE NS