IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.58968 OF 2016 C/W WRIT PETITION NO.57998 OF 2016(GM-RES) In W.PNo.58968/2016 BETWEEN:
SRI.K.M.KRISHNAMURTHY S/O LAE MUNIVENKATAPPA AGED ABOUT 49 YEARS RESIDING AT NO.32 KAGGALIPURA, KANAKAPUR MAIN ROAD BENGALURU SOUTH – 560 082.
(By Mr.ZULFIKIR KUMAR SHAFI,ADV.) AND:
… PETITIONER 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU – 560 001.
2. THE PRINCIPAL SECRETARY GOVERNMENT PUBLIC WORKS PORTS & IWT DEPARTMENT VIKASA SOUDHA BENGALURU – 560 001.
3. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVANA BENGALURU – 560 001.
4. THE EXECUTIVE ENGINEER NATIONAL HIGHWAYS K.R.CIRCLE BENGALURU – 560 001.
5. THE ASSISTANT EXECUTIVE ENGINEER NATIONAL HIGHWAYS SUB-DIVISION K.R.CIRCLE BENGALURU – 560 001.
… RESPONDENTS (By Mr.Y.D.HARSHA, AGA FOR R-1 TO R-3 R-4 & R-5 SERVED & UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENTS TO OBEY RESPECT AND FOLLOW THE DUE PROCEDURE OF LAW GUARANTEED UNDER ARTICLE 300-A OF CONSTITUTION OF INDIA APART FROM HUMAN RIGHTS AS ENUCIATED IN THE DECLARATION OF HUMAN AND CIVIC RIGHTS OF 26.08.1789, FOR WHICH GOVERNMENT OF INDIA IS ALSO A SIGNATORY IN CASE THERE IS ANY PROPOSE OF WIDENING OF THE NATIONAL HIGHWAY 209 (KAGGALIPURA VILLAGE KM 454.200 TO 455.800) AND ETC.
In W.PNo.57998/2016 BETWEEN:
SRI.PADMARAJ S/O LATE MUNIVENKATAPPA AGED ABOUT 55 YEARS RESIDING AT NO.54 MUNIVENKATAPPA BUILDING KAGGALIPURA MAIN ROAD KAGGALIPURA BANGALORE SOUTH – 560 082.
(By Mr.ZULFIKIR KUMAR SHAFI,ADV.) … PETITIONER AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU – 560 001.
2. THE PRINCIPAL SECRETARY GOVERNMENT PUBLIC WORKS PORTS & IWT DEPARTMENT VIKASA SOUDHA BENGALURU – 560 001.
3. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVANA BENGALURU – 560 001.
4. THE EXECUTIVE ENGINEER NATIONAL HIGHWAYS K.R.CIRCLE BENGALURU – 560 001.
5. THE ASSISTANT EXECUTIVE ENGINEER NATIONAL HIGHWAYS SUB-DIVISION K.R.CIRCLE BENGALURU – 560 001.
… RESPONDENTS (By Mr.Y.D.HARSHA, AGA FOR R-1 TO R-3 R-4 & R-5 SERVED & UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENTS TO OBEY RESPECT AND FOLLOW THE DUE PROCEDURE OF LAW GUARANTEED UNDER ARTICLE 300-A OF CONSTITUTION OF INDIA APART FROM HUMAN RIGHTS AS ENUCIATED IN THE DECLARATION OF HUMAN AND CIVIC RIGHTS OF 26.08.1789, FOR WHICH GOVERNMENT OF INDIA IS ALSO A SIGNATORY IN CASE THERE IS ANY PROPOSE OF WIDENING OF THE NATIONAL HIGHWAY 209 (KAGGALIPURA VILLAGE KM 454.200 TO 455.800) AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Zulfikir Kumar Shafi, learned counsel for the petitioner.
Sri.Y.D.Harsha, learned counsel for the respondent Nos.1 to 3.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners inter alia seek for a direction to the respondents to obey, respect and follow the due procedure of law guaranteed under Article 300-A of the Constitution of India apart from Human Rights as enunciated in the Declaration of Human and Civil Rights of 26.8.1789, for which Government of India is also a signatory, in case there is any purpose of widening of the National Highway 209.
4. After hearing the learned counsel for the parties, I deem it appropriate to dispose of the writ petitions with a liberty to the petitioners to submit a representation to the competent authority. Needless to state that in case such representation is made to the competent authority, the same shall be decided by a speaking order in accordance with law within a period of three months from the date of receipt of such representation. Till then, interim order, if any, shall continue. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petitions are disposed of.
Sd/- JUDGE RV