IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.53670-53672 OF 2013 & WRIT PETITION NOS.53798-53800/2013 (GM-SLUM) BETWEEN:
1. SMT M. PAWAN, W/O.LATE RAMU AGED ABOUT 46 YEARS RESIDING AT HOUSE No.18 M.C.T. QUARTERS SLUM MYSORE ROAD NEW TIMBER LAYOUT BANGALORE-560 026 2. SMT.KAVERI, W/O.LATE SUBRAMANY AGED ABOUT 37 YEARS RESIDING AT HOUSE No.16 M.C.T.QUARTERS SLUM MYSORE ROAD NEW TIMBER LAYOUT BANGALORE-560 026 3. SMT. ANUSUYAMMA W/O.LATE SHIVALINGAIAH AGED ABOUT 47 YEARS RESIDING AT HOUSE No.32 M.C.T. QUARTERS SLUM MYSORE ROAD NEW TIMBER LAYOUT BANGALORE-560 026 … PETITIONERS (BY MS.MAITREYI KRISHNAN FOR SRI CLIFTON D. ROZARIO, ADVOCATES) AND:
1. STATE OF KARNATAKA DEPARTMENT OF HOUSING REP. BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA BANGALORE-560 001 2. KARNATAKA SLUM DEVELOPMENT BOARD REP. BY ITS COMMISSIONER No.55, ABHAYA COMPLEX RISALDAR STREET SESHADRIURAM BANGALORE-560 020 3. ASSISTANT EXECUTIVE ENGINEER No.1 SUB-DIVISION KARNATAKA SLUM DEVELOPMENT BOARD No.55, ABHAYA COMPLEX RISALDAR STREET SESHADRIPURAM BANGALORE-560 020 … RESPONDENTS (BY MS.NILOUFER AKBAR, AGA FOR R1;
SRI M.P. SRIKANTH FOR SRI M.S.PARTHASARATHI, ADVOCATES FOR R2 & R3) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE EVICTION NOTICES ISSUED BY RESPONDENT NOS.2 AND 3 TO THE PETITIONERS AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Ms.Maitreyi Krishnan, learned Counsel appearing for Sri Clifton D.Rozario, learned Counsel for the petitioners.
Ms.Niloufer Akbar, learned Additional Government Advocate for respondent No.1.
Sri M.P.Srikanth, learned Counsel appearing for Sri M.S.Parthasarathi, learned Counsel for respondent Nos.2 and 3.
2. The petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners inter alia have assailed the validity of eviction notices dated 07.11.2013 by which the petitioners have been asked to hand over the possession in their occupation.
4. When the matters were taken up today, learned Counsel for the petitioners submitted that the petitioners were identified as beneficiaries by the Karnataka Slum Board and pursuant to payment of the amount deposited by the petitioners, they have been allotted the houses in their occupation i.e. house Nos.16, 18 and 32. It is further submitted that bench of this Court by an order dated 10.09.2008 passed in WP.No.14429/2007 had directed the Slum Board to take an action for eviction of the occupants, who were in an authorized occupation of the houses 56, 57 and 58. However, on the basis of misinterpretation of the order passed by the bench of this Court, the impugned notices have been issued to the petitioners and the petitioners have been asked to hand over the houses in their possession.
5. On the other hand, learned Counsel for the respondent-Slum Board fairly submits that in fact the petitioners have been identified as beneficiaries. However, the houses in their occupation upon which allotted to the petitioners and in case, the petitioners submit a representation for regularisiation of their occupation, the competent authority of the Slum Board shall take a suitable action on the claim of the petitioners with regard to regularization of the occupation of the petitioners in respect of the houses in question by a speaking order within such time limit as prescribed by this Court.
6. In view of the submissions made and in the facts of the case, the petitions are disposed of with a direction that in case the petitioners submit a representation along with the requisite documents for regularization of their allotment in respect of houses in question i.e. house Nos.16, 18 and 32 to the Competent Authority of the respondent-Slum Board within a period of three weeks from today, the competent authority of the respondent board shall take action on the claim of the petitioners for regularization of the occupation in accordance with law, within a period of two months from the date of receipt of such a representation.
7. Till the representation submitted by the petitioners are decided, status quo with regard to the possession in respect of the houses in question shall be maintained.
8. It is needless to state that the competent authority shall decide the claim of the petitioners by a speaking order in accordance with law.
It is made clear that this Court has not expressed its opinion on merits of the case.
Accordingly, the petitions are disposed of.
Sd/- JUDGE LB