IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.8651/2018 & 8773/2018 (GM-RES) BETWEEN:
1. KISHWER SULTANA W/O. B. MOHAMMED YOUNUS AGED ABOUT 51 YEARS OCC: HOUSE WIFE R/O. BANDIGADI AT/POST KOPPA TALUK – 577 126 CHIKKAMAGALURU DISTRICT 2. SMT.KHAMAR SULTANA SINCE DEAD REP. BY HER LEGAL HEIRS a) SHAMS UR RAHMAN S/O. SHAFEQ UR RAHMAN AGED ABOUT 38 YEARS b) MUTHE UR RAHMAN S/O. SHAFEQ UR RAHMAN AGED ABOUT 37 YEARS PETITIONERS 2(a) AND 2(b) ARE RESIDENTS OF NO.90/47 8TH CROSS, WILSON GARDEN BENGALURU – 560 027 3. KHAJI MOHAMMED KHALID S/O. LATE KHAJI ABDUL AZEEZ AGRICULTURIST AGED ABOUT 60 YEARS R/O. NO.23/1, LAKSAR MOHALLA SHIVAMOGGA – 577 201 4. KHAJI MOHAMMED IQBAL S/O. LATE KHAJI ABDUL AZEEZ AGRICULTURIST AGED ABOUT 60 YEARS R/O. NO.23/1, LAKSAR MOHALLA SHIVAMOGGA – 577 201 5. KHAJI MOHAMMED FAROOQ JAHANGIR S/O. LATE KHAJI ABDUL AZEEZ AGED ABOUT 58 YEARS AGRICULTURIST R/O. NO.23/1, LAKSAR MOHALLA SHIVAMOGGA – 577 201 … PETITIONERS (BY SRI RAJENDRA S., ADVOCATE FOR SRI S.V.PRAKASH, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT M.S.BUILDING BENGALURU – 560 001 2. THE CHIEF ENGINEER KARNATAKA PUBLIC WORKS PORTS & INLAND WATER TRANSPORT DEPARTMENT K.R.CIRCLE, DR.AMBEDKAR VEEDHI BENGALURU – 560 001 3. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA 4. THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB-DIVISION SHIVAMOGGA – 577 201 5. THE EXECUTIVE ENGINEER KARNATAKA PUBLIC WORKS PORTS & INLAND WATER TRANSPORT DEPARTMENT (SPECIAL CELL) SHIVAMOGGA – 577 201 6. THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA PUBLIC WORKS PORTS & INLAND WATER TRANSPORT DEPARTMENT NO.1, SUB-DIVISION SHIVAMOGGA – 577 201 … RESPONDENTS (BY SMT.PRATHIMA HONNAPURA, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE CONTEMPLATED ACTION OF THE RESPONDENT-AUTHORITIES TO TAKE OVER THE PRIVATE PROPERTIES OF THE PETITIONERS FOR THE PURPOSE OF CONSTRUCTION OF NEW BRIDGE ACROSS SHIVAMOGGA-RAMANAGARA ROAD (MDR) AT CH.2.00 KILOMETER AND ALSO FOR WIDENING WIDTH OF THE SAID ROAD WITHOUT FOLLOWING THE PROCEDURES ESTABLISHED BY LAW AS ONE WITHOUT JURISDICTION AND WITHOUT AUTHORITY OF LAW ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Rajendra S., learned Counsel for Sri S.V.Prakash, learned counsel for the petitioners.
Smt. Prathima Honnapura, learned Additional Government Advocate for the respondents.
The petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
2. In these petitions, the petitioners inter alia have prayed for the following reliefs:
1) Issue a writ or order or direction declaring that the contemplated action of the respondent- authorities to take over the private properties of the petitioners for the purpose of construction of new bridge across Shivamogga-Ramanagara road (MDR) at Ch.2.00 kilometer and also for widening width of the said road without following the procedures established by law as one without jurisdiction and without authority of law;
2) Issue a writ or order or direction prohibiting the respondent-authorities from taking over the private properties of the petitioners as shown in the schedule without following the procedures established by law.
3. When the matter was taken up today, Smt. Prathima Honnapura, learned AGA after obtaining instructions fairly submitted that the respondent-authorities have not raised construction on the lands of the petitioners and in case, they intend to raise construction on the lands of the petitioners, the same shall be acquired and thereafter the construction, if any, shall be raised in accordance with law.
The aforesaid submission of the learned AGA is placed on record. Accordingly, the writ petitions are disposed of.
hkh.
Sd/- JUDGE