IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION No.14649/2018 (GM-RES) PIL BETWEEN:
K.S. SUBRAMANYAN S/O LATE K.S. KRISHNA IYER AGED ABOUT 49 YEARS NO.1, RUDRA LAYOUT MSR MAIN ROAD, MATHIKERE BANGALORE-560 054 … PETITIONER (BY SHRI. BASAVARAJU S, ADVOCATE) AND:
1. DIVISIONAL RAILWAY MANAGER (COMMERCIAL) SOUTH WESTERN RAILWAY BANGALORE-560 023 2. CHIEF PUBLIC RELATIONS OFFICER SOUTH WESTERN RAILWAY, HUBLI 3. THE COMMISSIONER BANGALORE MAHANAGARAPALIKE N.R.CIRCLE, BANGALORE ... RESPONDENTS (BY SHRI. SANJAY GOWDA N.S, ADVCOATE FOR R1 & R2; SHRI. V. SREENIDHI, ADVOCATE FOR R3) . . . .
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO TAKE IMMEDIATE ACTION TO REMOVE THE UNAUTHORIZED STRUCTURE OF THE SHANIMAHADEVA TEMPLE ON THE RAILWAY PROPERTY AT OKALIPURAM JUNCTION (NEAR UNDER BRIDGE), PART OF OKALIPURAM 8 LANE CORRIDOR AND TO RECOVER THE VALUABLE RAILWAY/GOVERNMENT LAND IMMEDIATELY AS PER THE LEGAL NOTICES DATED 10.11.2017 AND 14.12.2017 COPIES PRODUCED AT ANNEXURES-E AND H RESPECTIVELY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:-
O R D E R This petition is filed in public interest with a prayer to take immediate action to remove the unauthorized structure of Shani Mahadeva Temple on the Railway property at Okalipuram junction (near under bridge), part of Okalipuram 8 Lane Corridor and to recover valuable lane belonging to the Railways.
2. It is submitted by the petitioner that initially a Shani photo on a cart was placed on the footpath near Okalipuram railway bridge on Vatal Nagaraj Road and over a period of time, the same was converted into a temple. It is an unauthorized construction and causing hardship for the road users. Under these circumstances, the petitioner got issued a legal notice to the respondents calling upon them to take immediate action either to remove or shift the said temple to appropriate place. Since no action was taken by the respondents, the petitioner has filed the instant writ petition.
3. Learned Counsel for the Railways has filed Statement of objections stating that the Railway Department has handed over the land on which temple is built to the BBMP three years back for construction of road. Hence, BBMP is the appropriate authority to remove or shift this temple to appropriate place.
4. The learned counsel for BBMP submits that the road proposed to be constructed passes through the place where the said temple is situated and hence the temple will have to be removed. Since it is a matter of sentiment of devotees, BBMP is taking steps to shift the temple and if some time is granted, it would do the needful.
5. We have heard the learned counsel for the parties and have gone through the Statement of Objections.
6. As it is stated by the Railway Department that three years ago the land has been handed-over to the BBMP and the work for construction of road has begun, the temple is required to be shifted to an appropriate place.
7. Accordingly, in view of the submission of the learned Counsel for the BBMP, three months’ time is granted from today to the respondent – BBMP to take necessary steps to shift the temple to appropriate place.
Petition is disposed of with above observation.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE SPS