IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION NO.30933/2019 (LB-BMP) Between:
Sri. M. Krishnappa S/o. Late M. Muniyappa Aged about 73 years R/at No.1293, Brindavan Layout Kadugodi Bengaluru – 560 067. ... Petitioner (By Sri Prasanna B.R., Advocate) And:
1. Bruhath Bengaluru Mahanagara Palike Narasimharaja Square Bengaluru – 560 001 Rep. by its Commissioner.
2. Joint Commissioner Mahadevapura Zone Bruhath Bengaluru Mahanagara Palike Bengaluru – 560 066. ... Respondents (By Smt.M.C.Nagashree, Advocate) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to declare that the impugned action of the respondent authorities in demolishing the buildings/structures in the schedule property is arbitrary and in violation of Article 14 and 300A of the Constitution of India and etc., This Writ Petition coming on for Orders, this day, the Court made the following:
O R D E R Smt. M.C.Nagashree is directed to take notice for respondents.
2. The case of the petitioner 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.
3. Learned Counsel for respondents 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.
4. In that view of the mater, this Court is of the opinion that the writ petitions could be disposed off by directing respondent No.2 to treat this writ petition as a representation on behalf of the petitioner. Respondent No.2 shall look into the contentions raised in the writ petition and dispose off the same within a period of 15 days from date of receipt of copy of this order.
With the above observations, the writ petition is disposed of.
Sd/- JUDGE ssb