IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE KRISHNA S DIXIT WRIT PETITION NOS.47046-47047/2014 (LA-RES) Between:
1. Sri C.V.Prakash S/o Late C.S.Veerabhadrappa, Aged about 64 years, Occ. Business, Residing at #3714/9-10, 10th Cross, MCC, A-Block, Davanagere – 577004 2. Sri.K.H.Manjunath S/o Late Hiriaiah, Aged about 61 years, Occ: Hotel Business, Residing at No.116/18, K.B.Extension, Kirivadi Layout, Davanagere-04.
(By Sri.S.V.Prakash, Advocate) And:
1. State of Karnataka, Represented by its Principal Secretary to Government, Public Works Department, M.S.Building, Bengaluru-01.
…Petitioners 2. The Chief Engineer, Public Works Department (C & B), K.R.Circle, Dr.Ambedkar Veedhi, Bengaluru-01.
3. The Superintending Engineer, Public Works Department, Shimoga Circle, Shimoga – 577201.
4. The Executive Engineer, Public Works Department, Davanagere Division, Davanagere – 577002.
5. The Assistant Executive Engineer, Public Works Department, Davanagere Sub-Division, Davanagere-577002.
6. The Deputy Commissioner, Davanagere District, Davanagere – 577002.
7. Davanagere City Municipal Corporation, Davanagere-577002.
Reptd, by its Commissioner.
8. The Assistant Commissioner, Davanagere Sub-Division, Davanagere-577002 ... Respondents (By Sri B.J.Eswarappa, AGA for R1 to R6 & R8) Sri B.K.Manjunath, Advocate 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 to demolish the portion of the building existing on the schedule property to this writ petition without following the mandatory provisions contained under “The Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” and payment of compensation as provided therein as one without jurisdiction and without authority of law and etc., These writ petitions coming on for Hearing this day, the court made the following:
ORDER With the consent of the learned counsel appearing for both the parties, these matters are taken up for final disposal.
2. The learned counsel for the petitioners submits that the subject matter of these writ petitions is substantially similar to the one in cognate W.P.No.50822/2014 (LA-RES), disposed off by a Co-ordinate Bench of this Court vide judgment dated 23.03.2016, a copy whereof is now placed on record.
3. Both the learned counsel appearing for the respondents, after perusing the contents of the aforesaid judgment, are broadly in agreement with what has been submitted by the petitioners’ side, since the fact matrix of these writ petitions matches with that of writ petition in which the said judgment has been rendered. That being so, the petitioners need to be granted the relief similar to the one granted to the litigants therein, on the principle of parity.
4. The Co-ordinate Bench of this Court in the aforesaid judgment at paragraph No.3 has observed as under:-
“3. It is made clear that the respondents shall take action only in accordance with law. In that, they shall hold an appropriate inquiry to determine that there is indeed encroachment with reference to the title deeds of the petitioner and actual measurements of the property and it is only after an appropriate order being passed, the respondents shall take any further action in respect of the alleged encroachment, for otherwise, they shall not interfere with the petitioner’s property otherwise than under due process of law.”
In view of the above, these writ petitions too succeed in terms of what has been stated at paragraph No.3 of the said judgment.
Costs made easy.
Sd/- JUDGE PYR