1/6 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.56708/2017 (LB-BMP) Between:
The Sri Krishna Sevashram Trust A Registered Public Charitable Trust Having registered office at Poornaprjana Vidyapeetha Complex Poornaprjana Nagar Katriguppa Main Road Bangalore-560 028 Rep. by its Working President Sri. H.S. Srinivas. …Petitioner (By Mr. M.S. Rajendra, for Mrs. Maya Holla, Advocate) And:
1. The Commissioner Bruhat Bengaluru Mahanagar Palike Hudson Circle, Bangalore-560002.
2. Joint Commissioner Mahadevapura Zone Bruhat Bengaluru Mahanagar Palike Bangalore-560 048.
3. Assistant Revenue Officer Hoodi Sub-Division Bruhat Bengaluru Mahanagar Palike Bangalore-560 048.
(Mr. V. Sreenidhi, Advocate) … Respondents **** This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to issue a writ of certiorari or any other writ, order or direction quashing the Endorsement bearing No.Sa.Ko.A/Hoodi/CR/3911/2016-17 dated 25.11.2017 issued by the Assistant Revenue Officer, Hoodi Sub-Division, BBMP, the second respondent herein (Annexure-G) & etc., This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
O R D E R Mr. M.S. Rajendra, for Mrs. Maya Holla, Advocate for Petitioner Mr. V. Sreenidhi, Advocate for Respondent - Trust.
1. The petitioner – The Sri Krishna Sevashram Trust is a Charitable Trust which was given a Grant of land free of cost by the State Government to establish a Charitable Hospital at Sy.No.36, measuring 2 acres situated at Munekolalu village, Varthur Hobli, Bangalore East Taluk.
2. The grievance raised in the present petition by the Trust is that the Respondent – BBMP, in order to widen the public road has called upon the petitioner to surrender part of the said land measuring only 205 Sq.ft. of the land out of total 87,120 Sq.ft. in the said Sy.No.36, Khata No.1004/1 of Munekolalu village, Varthur Hobli, Bangalore East Taluk and has directed the petitioner - Trust to handover the possession to the Respondent - BBMP immediately.
3. The learned counsel for the petitioner Mr.M.S.Rajendra undertakes and submits that the construction of the Hospital Building is coming up and is in progress, but for temporary purposes, a Dispensary has been set up by the petitioner - Trust which is partly on the said 205 Sq.ft. of the land demanded by the Respondent BBMP and the petitioner Trust may be only given a reasonable time period of about two months to vacate the said premises of Dispensary and handover the same to the BBMP in larger public interest of widening of the road in question to the petitioner-Trust has no objection to surrender the said part of 205 Sq.ft of land to BBMP for the said public purpose without claiming any compensation.
4. He has further submitted that the construction of the said Road work is not immediately in progress and the said period of two months will not hamper the progress of the road widening work by BBMP in any manner.
5. On instructions from the Head, Legal Cell, BBMP, Mr. V. Sreenidhi does not dispute these facts, subject to aforesaid Undertaking given by the Petitioner- Trust.
6. Having heard the learned counsels, this Court is of the opinion that if the petitioner - Trust furnishes an Undertaking as submitted by the learned counsel for the Petitioner-Trust before the Respondent BBMP and also before this Court within a period of one week from today, to the effect that without claiming any compensation, the petitioner – Trust will surrender and hand over the possession of the said portion of 205 Sq.ft. of the said land of Sy.No.36, Khata No.1004/1 of Munekolalu village, Varthur Hobli, Bangalore East Taluk for the aforesaid Road widening purposes to the Respondent-BBMP, just upon the completion of the period of two months from today, the said period of two months from today is allowed to the petitioner - Trust to make alternative arrangements for shifting of the said Dispensary and demolish the construction of the said temporary structure in which the Dispensary is presently being run itself, so that the Respondent BBMP can undertake the work of road widening on the said land by the Respondent – BBMP.
7. It is made clear that, if necessary and called upon by BBMP, the petitioner – Trust will execute the requisite Relinquishment Deed in favour of the Respondent BBMP to the extent of 205 Sq.ft of the land in question, without claiming any compensation and without raising any objection with regard to the same.
8. The aforesaid written Undertaking will be furnished by the petitioner duly signed by the petitioner-Trust’s President and Secretary, through the learned counsel for the petitioner within a period of one week from today before this Court as well as to the Commissioner, BBMP, Bengaluru.
9. With the above observations and direction, the present writ petition stands disposed of. No costs.
Copy of this order be sent to both the parties forthwith.
Sd/- JUDGE BMV*