IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR W.P.NOS.30399-30414/2019 (LB-BMP) BETWEEN:
1. SRI K.S.VENKATESH, S/O SRINIVASA MURTHY, AGED ABOUT 52 YEARS.
2. SRI K.S.MANJUNATH, S/O SRINIVASA MURTHY, AGED ABOUT 47 YEARS.
3. SMT. K.S.RATHNAMMA, S/O SRINIVASA MURTHY, AGED ABOUT 49 YEARS.
SL. NO.1 TO 3 ARE R/AT NO.1339, VIJAYALAKSHMI CALONY, KRISHNA TEMPLE STREET, KADUGODI, BENGALURU – 560 067.
4. SMT. P.BANUMATHI, W/O T.GOPAL, AGED ABOUT MAJOR, R/AT NO.1328, VIJAYALAKSHMI CALONY, KRISHNA TEMPLE STREET, KADUGODI, BENGALURU – 560 067.
5. SMT. THULASAMMA, W/O MUNIVENKATAPPA, AGED ABOUT 56 YEARS.
6. SRI MURTHY, S/O MUNIVENKATAPPA, AGED ABOUT 40 YEARS.
7. SRI MOHAN KUMAR, S/O MUNIVENKATAPPA, AGED ABOUT 40 YEARS.
8. SRI RAVI KUMAR, S/O MUNIVENKATAPPA, AGED ABOUT 37 YEARS, PETITIONER NO.5 TO 8 ARE R/AT NO.1323, VIJAYALAKSHMI CALONY, KRISHNA TEMPLE STREET, KADUGODI, BENGALURU–560067.
9. SMT. NAGAMMA W/O ANNAIAH, AGED ABOUT 60 YEARS, 10. SRI CHAMARAJA S/O ANNAIAH AGED ABOUT 48 YEARS, 11. SRI RAMESH S/O ANNAIAH AGED ABOUT 35 YEARS, PETITIONER NO.9 TO 11 ARE R/AT NO.1337 VIJAYALAKSHMI CALONY , KRISHNA TEMPLE STREET, KADUGODI BENGALURU-560067.
12. SRI RAMESH S/O SEETHAMMA AND CHENNAPPA AGED ABOUT 57 YEARS, R/AT NO.
VIJAYALAKSHMI CALONY , KRISHNA TEMPLE STREET KADUGODI, BENGALURU 560067.
13. SRI GAJENDRACHARI S/O NARAYANACHARI, AGED ABOUT 27 YEARS, R/AT NO. 1344 VIJAYALAKSMI CALONY , KRISHNA TEMPLE STREET KADUGODI, BENGALURU-560067.
14. SMT KAMALAMMA W/O RAMAKRISHNAPPA AGED ABOUT 56 YEARS, R/AT NO.1338, VIJAYALAKSHMI CALONY, KRISHNA TEMPLE STREET, KADUGODI, BENGALURU-560067 15. SMT. REVAMMA W/O KRISHNAPPA AGED ABOUT 70 YEARS, R/AT NO.1340, VIJAYALAKSHMI CALONY , KRISHNA TEMPLE STREET KADUGODI, BENGALURU-560067.
16. SRI GANDHI S/O MUNIYAPPA AGED ABOUT 46 YEARS, R/AT NO.14, VIJAYALAKSHMI CALONY, KRISHNA TEMPLE STREET KADUGODI, BENGALURU-560067.
17. SRI SATHYA S/O VENKATESH, AGED ABOUT 35 YEARS, R/AT NO.14, VIJAYALAKSHMI CALONY, KRISHNA TEMPLE STREET KADUGODI BENGALURU-560067 18. SMT. BHARATHI, W/O RAMAIAH AGED ABOUT 46 YEARS, R/AT VIJAYALAKSHMI COLONY KRISHNA TEMPLE STREET, KADUGODI BENGALURU 560067 19. SRI SHAILESH S/O K PATEL AGED ABOUT 64 YEARS, R/AT NO.85, VIJAYALAKSHMI COLONY, KRISHNA TEMPLE STREET KADUGODI BENGALURU 560067.
20. SMT. SHASHI DAUGHTER-IN-LAW OF SMT. JAYALAKSHMAMMA W/O CHANDRA, AGED ABOUT 48 YEARS, R/AT VIJAYALAKSHMI COLONY KRISHNA TEMPLE STREET KADUGODI BENGALURU 560067.
21. SRI HANEEF S/O ABDUL KHADER AGED ABOUT 43 YEARS, R/AT 1ST CROSS, VIJAYALAKSHMI COLONY KRISHNA TEMPLE STREET KADUGODI BENGALURU-560067.
22. SMT. ANUSUYA W/O LATE MALLAYA AGED ABOUT 58 YEARS, R/AT 1ST CROSS, VIJAYALAKSHMI COLONY KRISHNA TEMPLE STREET, KADUGODI BENGALURU 560067 23. SRI RANGAPPA S/O KRISHNAMURTHY AGED ABOUT 63 YEARS, R/AT 1ST CROSS, VIJAYALAKSHMI COLONY, KRISHNA TEMPLE STREET KADUGODI BENGALURU-560067 24. SRI SRINIVAS R S/O LATE RANGAPPA AGED ABOUT 41 YEARS, 25. SRI MUNIRAJU R S/O LATE RANGAPPA AGED ABOUT 40 YEARS, PETITIONER NO.24 & 25 ARE R/AT NO.1342, VIJAYALAKSHMI COLONY, KRISHNA TEMPLE STREET KADUGODI BENGALURU-560067 (BY SRI B.R.PRASANNA, ADV.) AND 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT M S BUILDING AMBEDKAR VEEDHI, ... PETITIONERS BENGALURU 560001 REPRESENTED BY ITS CHIEF SECRETARY .
2. BRUHATH BENGALURU MAHANAGARA PALIKE, NARASIMHARAJA SQUARE BENGALURU 560001 REPRESENTED BY ITS COMMISSIONER.
3. THE JOINT COMMISSIONER, MAHADEVAPURA ZONE, BRUHATH BENGALURU MAHANAGARA PALIKE, BENGALURU – 560066.
4. THE BENGALURU WATER SUPPLY AND SEWERAGE BOARD, CAUVERY BHAVAN, BANGALORE 560009 REPRESENTED BY ITS COMMISSIONER.
... RESPONDENTS (BY SRI M.A.SUBRAMANI, HCGP FOR R1, R3 & R4, SRI K.N.PUTTEGOWDA, ADV. FOR R2.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE IMPUGNED ACTION OF THE RESPONDENT AUTHORITIES IN DEMOLISHING THE BUILDING/STRUCTURES IN THE SCHEDULE PROPERTIES IS ARBITRARY AND IN VIOLATION OF ARTICLE 14 AND 300A OF THE CONSTITUTION OF INDIA ETC.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Learned Counsel Sri K.N.Puttegowda is directed to take notice for respondents 2 to 4. Learned HCGP accepts notice on behalf of respondent No.1.
2. Learned Counsel for respondents 2 to 4 submits that the Executive Engineer, Storm Water Drain, of Mahadevapura Zone, is present, and on instructions submits that removal of encroachment is pursuant to the direction issued by the Division Bench in PIL in W.P.No.38401/2014.
3. 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.
4. Learned Counsel for respondents 2 to 4 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.
5. In that view of the mater, this Court is of the opinion that the writ petitions could be disposed off by directing respondent No.3 to treat this writ petition as a representation on behalf of the petitioners. Respondent No.3 shall look into the contentions raised in the writ petition and dispose off the same within a period of 15 days from today. Writ petitions are accordingly disposed off.
Sd/- JUDGE KK CT-HR