IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION Nos.30802-30803/2015(GM-RES) BETWEEN:
1. SRI A N RAMESH GUPTHA S/O LATE ADHI NARASIMHA SHETTY AGED ABOUT 61 YEARS PARIMALA COFFEE WORKS MAIN RAOD, BELUR BELUR TOWN, BELUR TALUK HASSAN DISTRICT PIN-573115.
2. SRI NAVARATHNAMAL S/O LATE SHA MOHANLAL AGED ABOUT 47 YEARS MAHAVIR HARDWARE MAIN ROAD BELUR BELUR TOWN, BELUR TALUK HASSAN DISTRICT PIN-573 115.
... PETITIONERS (BY SRI B G CHANDRAKANTHA RAJ URS, ADV.) AND 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANASOUDHA BANGALORE-560 001.
2. THE CHIEF ENGINEER NATIONAL HIGHWAYS DEPARTMENT PWD., ANNEX BUILDING 2ND FLOOR, K R CIRCLE BANGALORE-560 001.
3. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION NATIONAL HIGHWAY NO.234 MANGALORE-VILLUPURAM URVA STORE, NEAR GANAPATHI TEMPLE ASHOKA NAGAR, MANGALORE MANGALORE DISTRICT-575 006.
4. THE EXECUTIVE ENGINEER NATIONAL HIGHWAY HASSAN SUB-DIVISION NATIONAL HIGHWAY NO.234 MANGALORE-VILLUPURAM M G ROAD, HASSAN HASSAN-573 201.
5. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NATIONAL HIGHWAY NO.234 MANGALORE-VILLUPURAM K R CIRCLE, BANGALORE-560 001.
6. THE DEPUTY COMMISSIONER HASSAN, HASSAN DISTRICT HASSAN-573201.
7. THE CHIEF OFFICER MUNICIPAL OFFICE BELUR, BELUR TALUK HASSAN DISTRICT, BELUR-573 115.
... RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA. FOR R1-R6 SRI. J.N. NAVEEN, ADV. FOR SRI. A. NAGARAJAPPA, ADV. FOR R7) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT, THE ACTION OF THE RESPONDENTS IN PROPOSING TO DEMOLISHT THE BUILDINGS OF THE PETITIONERS, WHICH ARE MOREFULLY DESCRIBED IN THE ANN-M SITUATED ALONGSIDE OF MAIN ROAD, BELUR, BELUR TOWN, BELUR TALUK, HASSAN DISTRICT AS ILLEGAL, VOID, ONE WITHOUT AUTHORITY OF LAW WITHOUT JURISDICTION THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In these petitions, the petitioners have sought for the following reliefs:
“ i) Declare that, the action of the respondents in proposing to demolish the buildings of the petitioners, which are more fully described in the Annexure-M to this petition, situated alongside of Main Road, Belur, Belur Town, Belur Taluk, Hassan District as illegal, void, one without authority of law without jurisdiction.
ii) Issue a writ in the nature of mandamus, directing the respondents not to demolish the authorised buildings of the petitioners for the purpose of formation or widening of main road, Belur, Belur Taluk, Hassan District in the National Highway No.234, which are more fully described in Annexure-M to this petition, without due process of law;
iii) A writ, order or direction, directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioners properties;
iv) And to pass any other consequential relief’s that may be granted in the facts and circumstances of the case, in the interest of justice and equity.”
The learned counsel appearing for the petitioners as well as the learned counsel appearing for respondents jointly submit that these petitions are similar to W.P.No.528/2006 (GM-RES) disposed of on 8.1.2008 produced as per Annexure-V and other connected matters produced as per Annexure-V series. Hence, these petitions can also be disposed of in terms of the said order.
2. The learned counsel appearing for respondent-Municipality has undertaken that the authority would not demolish the building constructed by the petitioners without prior notice and without following due process of law.
3. The submission of the learned counsel for the respondent is placed on record.
4. Accordingly, the writ petitions are disposed of in terms of the order passed by this Court in W.P.No.528/2006 (GM-RES) disposed of on 8.1.2008 produced as per Annexure-V and other connected matters produced as per Annexure-V series.
Sd/- JUDGE DM