IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos.10361-10396/2019 (LB-RES) Between:
1. Sri H.N. Ramesh, S/o H.N. Nanjunda Shetty, Aged about 65 years, Door No.58A, Shankaripuram, B.M. Road, Hassan – 573 201, Hassan District.
2. Sri H.R. Vasudev, S/o Ramachandra Gupta H.S., Aged about 54 years, Shop bearing Khata No.775, B.M. Road, Near Gandhi Bazar Circle, Hassan – 573 201, Hassan District.
3. Sri C. Devaraja, S/o H.C. Chinnappa, Aged about 57 years, Shop No.151A, Kuvempu Nagar, M.I.G.19, B.M. Road, Hassan – 573 201, Hassan District.
4. Sri H.R. Karunakara, S/o H.S. Ramachandra Gupta, Aged about 59 years, Shop bearing Khata No.776, B.M. Road, Near Gandhi Bazar Circle, Hassan – 573 201, Hassan District.
5. Sri H.B. Sathyanarayan Rao, S/o Late Bhima Rao, Aged about 67 years, S.S. Residency, Opp. City Point, B.M. Road, Hassan, Hassan District – 573 201.
6. Sri H.B. Sathyanarayan Rao, S/o Late Bhima Rao, Aged about 67 years, S.S. Residency, Opp. City Point, B.M. Road, Hassan, Hassan District – 573 201.
(respondent No.6 deleted vide Court order dated 15.3.2019) 7. Sri H.S. Venkatesh Murthy, S/o H.V. Subbaraya Shetty, Aged about 84 years, # 368/1722, S.V. Plaza, B.M. Road, Hassan – 573 201.
8. Smt. Roopa Sathish, W/o Sathish Chandra, Aged about 58 years, New Katha No.453, B.M. Main Road, Hassan – 573 201.
9. Sri Srigandh Sathish Chandra, S/o Sathish Chandra, Aged about 25 years, New Khatha No.453, B.M. Main Road, Hassan – 573 201.
10. Sri T.P. Ranganatha Guptha, S/o T. Padmanabha Setty, Aged about 75 years, Srinikethana, 2nd Main, Kuvempu Nagara, Behind Arvinda Convent, Kuvempu Nagara, Hassan – 573 201.
11. Sri Ramanaraju H.V., S/o H.S. Venkatesh Murthy, Aged about 57 years, No.4140/A, S.V. Nilaya, Gandhi Bazaar Circle, B.M. Road, Hassan – 573 201.
12. Sri H.V. Sapthagiri Raju, S/o H.S. Venkatesh Murthy, Aged about 47 years, No.4140/A, S.V. Nilaya, Gandhi Bazaar Circle, B.M. Road, Hassan – 573 201.
13. Sri A.S. Ganesh, S/o C.C. Subbaraya Setty, Aged about 47 years, M.G. Tower, B.M. Road, Hassan – 573 201.
14. Sri H.R. Srinivas, S/o Rangegowda, Aged about 59 years, Kooge Gowda Towers, B.M. Road, Hassan – 573 201.
15. Sri H.R. Thimmegowda, S/o Rangegowda, Aged about 77 years, Kooge Gowda Towers, B.M. Road, Hassan – 573 201.
16. Smt. M. Prathibha, W/o N. Manjunath, Aged about 59 years, Sudha Steel Centre, B.M. Road, Hassan – 573 201.
17. Sri Parveez Mohammed, S/o Mohammed Jaffer Sadiq, Aged about 42 years, B.M. Road, Hassan – 573 201.
18. Sri Anzer Ahmed, S/o Mohamed Jaffer Sadiq, Aged about 47 years, B.M. Road, Hassan – 573 201.
19. Sri H.S. Indrakumar, S/o Late Subalarajaiah, Aged about 75 years, B.M. Road, Hassan – 573 201.
20. Sri H.V. Girish, S/o Venkatachala Shetty H.S., Aged about 50 years, B.M. Road, Hassan – 573 201.
21. Sri H.V. Girish, S/o Venkatachala Shetty H.S., Aged about 50 years, B.M. Road, Hassan – 573 201.
(respondent No.6 deleted vide Court order dated 15.3.2019) 22. Sri Yathiraj H.S., S/o Satya Narayana, Aged about 42 years, Sree Ranga Arcade, B.M. Road, Hassan – 573 201.
23. Sri Varadaraja Pai, S/o G. Sridhar Pai, Aged about 57 years, B.M. Road, Hassan – 573 201.
24. Sri H.V. Kodandarama Gupta, S/o Late H.K. Varadaraja Setty, Aged about 76 years, B.M. Road, Hassan – 573 201.
25. Sri J. Nagendra, S/o R. Janardhana, Aged about 54 years, B.M. Road, Hassan – 573 201.
26. Smt. Mala Nagendra, W/o B.R. Nagendra Gupta, Aged about 75 years, B.M. Road, Hassan – 573201.
27. Sri H.N. Sridhar Babu, S/o A.R.Nagaraja, Age: Major, Sri Kanaka Jewellers, K.J. Building, B.M. Road, Hassan – 573 201.
28. Sri H.J. Narasimhamurthy, S/o Late H.N. Jayarama Shetty, Aged about 51 years, B.M. Road, Hassan – 573 201.
29. Sri H.K. Shanmukhachar, S/o S.M. Komarachar, Aged about 67 years, No.10, B.M. Road, Hassan – 573 201.
30. Sri R.K.Abdul Waheed, S/o Abdul Rehman, Aged about 54 years, No.1510/855, B.M. Road, Hassan – 573 201.
31. Smt.Khushnuda Khanum, W/o Abdul Waheed, Aged about 43 years, No.1493/1844, B.M. Road, Hassan – 573 201.
32. Sri H.P. Sudarshan, S/o Late H.P. Payanna, Aged about 75 years, Near N.R. Circle, B.M. Road, Hassan – 573 201.
33. Sri T.V. Kumar, S/o Late Venkate Gowda, Aged about 54 years, Shanthala Jewellers, B.M. Road, Hassan – 573 201.
34. Sri H.S. Nagabhushana, S/o Late H.S. Srinivas Setty, Aged about 73 years, S.S. Electronics, B.M. Road, Hassan – 573 201.
35. Sri H.S. Ravishankar Setty, S/o Late H.S. Srinivas Setty, Aged about 65 years, B.M. Road, Hassan – 573 201.
36. Smt. Leela Nagabhushan, W/o H.S. Nagabhushan, Aged about 67 years, C/o S.S. Electronics, N.R. Circle, B.M. Road, Hassan – 573 201. ... Petitioners (By Sri H. Pavana Chandra Shetty, Advocate) And:
1. State of Karnataka, Rep. by its Secretary to Public Works Department, M.S. Building, Bengaluru – 560 001.
2. The Deputy Commissioner, Hassan District, Hassan – 573 201.
3. The Assistant Commissioner & Land Acquisition Officer, Hassan Sub-Division, Hassan District – 573 201.
4. The Executive Engineer, Public Works Department, Hassan Division, Hassan – 573 201.
5. The Commissioner, Municipal Corporation, City Corporation Office, Hassan, Santhepet Circle, B.M. Road, Hassan – 573 201. ... Respondents (By Sri M.A. Subramani, HCGP for R-1 to R-4; Sri A. Ravishankar, Advocate for R-5) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent No.5/Commissioner, Municipal Corporation, Hassan, to follow the Land Acquisition procedure in case on any road widening by any of them in B.M. Road, N.R. Circle to Tannirhalla, Hassan City, Hassan District and etc.
These Writ Petitions coming on for preliminary hearing in ‘B’ Group, this day, the Court made the following:
O R D E R The petitioners have their properties situated abutting the Bengaluru Mangaluru Highway between N.R. Circle to Tanneeruhalla at Hassan City.
2. The petitioners are stated to be owners in possession and enjoyment of their properties and have sought for issuance of a writ in the nature of mandamus directing the fifth respondent to follow land acquisition procedure in the event of any road widening activity. Upon notices being issued, respondent No.5 has filed a Memo which reads as follows:
“1. The petitioners have sought for a writ of mandamus against the 5th respondent herein to follow the land acquisition procedure in case of road widening on B.M. Road, from N.R. Circle to Thannirhalla and for direction to take action in accordance with the provisions of Land Acquisition enactment and to take action only in due process of law.
2. It is submitted that the Municipality as on today has not proposed to acquire any land for widening the B.M. Road from N.R. Circle to Thannirhalla. It is submitted that there is no proposal or resolution passed by the Municipality for acquisition of any land as apprehended by the petitioners.
3. The City Municipality, Hassan has never taken any action on any issue without observing the due process of law.
4. Hence the Writ Petition may be disposed in the ends of equity and justice”.
3. It is submitted by the counsel appearing for the fifth respondent that there is no proposal for the purpose of road widening with respect to B.M. Road between N. R. Circle to Tanneeruhalla. It is further submitted by the counsel for the fifth respondent that they would follow the due process of law and in the event of the properties to be required for the purpose of road widening by the fifth respondent, the same would be obtained by acquisition or by obtaining rights through mutual negations directly, in accordance with law.
4. The said submission is taken note of. It is appropriate to observe that in light of the submission made and the memo filed, the properties of the petitioners would not be made use of for any civil works relating to road widening except either by acquisition or by acquiring the property through transfer by mutual negotiations.
5. Similarly, it is observed that the State if were to resort to road widening, the same is to be resorted to strictly in accordance with due process by acquisition or obtaining rights with respect to the properties of the petitioners in accordance with law.
6. Accordingly, subject to the above observations the Writ petitions are disposed of.
Sd/- JUDGE RS/* ct:mhp SSDYJ: W.P.Nos.10361-396/2019 15.3.2019 Orders on “For Being Spoken To”
Petitioner is permitted to amend the cause title as well as the schedule as regards the description of petitioner Nos.6 and 21, is concerned.
Sd/- JUDGE RS/*