IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION NO.30932/2019 & WRIT PETITION NOS. 31461-31468/2019 & WRIT PETITION NO.31469/2019 (LB-BMP) Between:
1. Smt. N.Lakshmibai W/o. Late R.M.Markonda Singh Aged about 67 years 2. Sri R.M.Suresh Singh S/o. Late R.M.Markonda Singh Aged about 50 years 3. Sri M.Mohan Singh S/o. Late R.M.Markonda Singh Aged about 44 years 4. Sri M.Jagadish Singh S/o. Late R.M.Markonda Singh Aged about 41 years Petitioner Nos.1 to 4 are R/at No.1357, Vijayalakshmi Colony Krishna Temple Street, Kadugodi Bengaluru – 560 067.
5. Smt. K.Savitha D/o. Late K. Krishnappa W/o. V.Suresh Aged about 41 years R/at No.168, Seegehalli Village Kannamangala Post Bengaluru – 560 065.
6. Sri P. Vijaya Sekhar Raju S/o. Late P. Ramachandra Raju Aged about 62 years 7. Sri R.J.Sailaja W/o. P. Vijaya Sekhar Raju Aged about 57 years Petitioner Nos.6 & 7 are R/at No.181, 5th Main, 5th Cross Bhuvaneshwari Nagara Banashankari III Stage Bengaluru – 560 085.
8. Smt.Munirathanamma W/o. Sri D.P.Ramaiah Aged about 70 years R/at Sri Ranga Vijayalakshmi Colony Kadugodi Bengaluru – 560 067.
9. Smt. T.Dhanalakshmi W/o. A.P.Thiruganam Aged about 60 years R/at Brundavana Layout Kadugodi Bengaluru – 560 067.
10. Sri Allim Pasha S/o. Syed Maqbul Ahmed Aged about 37 years R/at No.5/42, 11th Main 16th Cross, Padmanabha Nagara Bengaluru – 560 070.
11. Sri M.Sathyanarayana S/o. M.Subba Rao Aged about 55 years R/at Vijayalakshmi Colony Kadugodi Bengaluru – 560 067.
12. Sri V.Sathya S/o. Late M.Venkatesh Aged about 24 years R/at Vijayalakshmi Colony Kadugodi Bengaluru – 560 067.
13. Sri C. Vishwanathan S/o. A.P.Changalvarayan Aged about 62 years R/at No.1374, Vijayalakshmi Colony Kadugodi Bengaluru – 560 067. ... Petitioners (By Sri Prasanna B.R., Advocate) And:
1. Bruhath Bengaluru Mahanagara Palike Narasimharaja Square Bengaluru – 560 001 Rep. by its Commissioner.
2. The Joint Commissioner Mahadevapura Zone Bruhath Bengaluru Mahanagara Palike Bengaluru – 560 066. ... Respondents (By Smt.M.C.Nagashree, Advocate) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to declare that the impugned action of the respondent authorities in demolishing the buildings/structures in the schedule property is arbitrary and in violation of Article 14 and 300A of the Constitution of India and etc., These Writ Petitions coming on for Orders, this day, the Court made the following:
O R D E R Smt. M.C.Nagashree is directed to take notice for respondents.
2. The case of the petitioners is that they have been allotted sites and that they have constructed the houses and are living there legitimately. Be that as it may, the Division Bench has already gone into these issues and at the instance of the Court, the implementation and renovation of Rajakaluve is being done. There can be no two opinions that the said Rajakaluve is essential for draining the rain water, as otherwise, it is an admitted fact that inundation of the city is on account of the blockage of Rajakaluve/drains and it is this kaluve which acts as an interlinking system for connecting various lakes/water bodies and thereby prevents inundation during monsoon.
3. Learned Counsel for respondents submits that only such portions that are encroached upon the Rajakaluve alone have been marked for demolition. The submission of the learned Counsel is placed on record.
4. In that view of the mater, this Court is of the opinion that the writ petitions could be disposed off by directing respondent No.2 to treat this writ petition as a representation on behalf of the petitioners. Respondent No.2 shall look into the contentions raised in the writ petition and dispose off the same within a period of 15 days from the date of receipt of copy of this order.
With the above observations, the writ petition is disposed of.
Sd/- JUDGE ssb