IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.45193-45194 OF 2013 (GM-PP) AND WRIT PETITION NOS.45237-45238 OF 2013 (GM-PP) BETWEEN:
SRI MUNESHWARA SWAMY TEMPLE DEVELOPMENT TRUST SY.NO.71/3, RMV 2ND STAGE NAGASHETTIHALLY BENGALURU – 560 094 REPRESENTED BY ITS GENERAL SECRETARY AND PRESIDENT 1. SMT. S.V.JAYAMMA, AGED ABOUT 69 YEARS 2. SRI N.K.RAVIKUMAR, AGED ABOUT 42 YEARS (BY SRI M.BHAGWAT, ADVOCATE) AND:
… PETITIONERS 1. BENGALURU DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T. CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU – 560 020 2. THE EXECUTIVE ENGINEER & COMPETENT OFFICER NORTH DIVISION BENGALURU DEVELOPMENT AUTHORITY B.D.A. COMPLEX, R.T.NAGAR BENGALURU – 560 032 3. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENTAL OF HOUSING AND URBAN DEVELOPMENT BENGALURU – 560 001 … RESPONDENTS (BY SRI K. KRISHNA, ADVOCATE FOR R1 & R2; SMT.NILOUFER AKBAR, AGA FOR R3 (MA NOT FILED)) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICES DATED 17.09.2013 ISSUED BY THE RESPONDENT nO.2 (ANNEXURES V, V1, V2 AND V3 TO THE W.Ps.) ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri M.S.Bhagwat, learned counsel for the petitioner.
Sri K. Krishna, learned counsel for respondent Nos.1 and 2.
Smt. Niloufer Akbar, learned Additional Government Advocate for respondent No.3.
The petitions are admitted for hearing. With the consent of the parties, it is heard finally.
2. In these writ petitions, the petitioner inter alia is seeking a writ of certiorari for quashment of impugned notices dated 17.09.2013 issued by respondent No.2 (as per the prayer clause mentioned in the petitions) Section 4(A) of the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974 (hereinafter referred to as ‘the Act’).
3. The facts giving rise to filing of the writ petitions briefly stated are that, the petitioner is the temple situated on the land which was donated to it by one late Subbaiah. The construction of the land is over an area measuring 4632 sq. ft., which form part of the survey No.71/3 of Nagashettihalli village, now coming under the limits of Bruhat Bengaluru Mahanagara Palike (hereinafter referred to as ‘the BBMP’). The petitioner was served with notices by which, Smt.S.V.Jayamma, the petitioner herein was asked to show cause as to why the proceedings in respect of the land measuring 3 acres 16 guntas forming part of the survey No.71/3 of Nagashettihalli village be initiated against her for her eviction under the provisions of the Act. In the aforesaid facts and background, the petitioner has approached this Court.
4. Learned counsel for the petitioner submits that the temple of the petitioner forms part of the aforesaid land and the BBMP in an earlier round of litigation namely, in W.P.No.1315/2012 had made an submission that it is not going to demolish the temple. It is further submitted that in lieu of the undertaking given before this Court, the action of the respondents on the land including the temple of the petitioner which is allegedly in the occupation of S.V.Jayamma is illegal.
5. Learned counsel for respondent Nos.1 and 2 – Bengaluru Development Authority (hereinafter referred as ‘the BDA’) submit that it be granted liberty to proceed against Smt.S.V.Jayamma under the provisions of the Act and the respondents shall not demolish the temple of the petitioner situate in the land measuring 4632 sq.ft.
6. In view of the submission made by the learned counsel for the respondents, writ petitions are disposed of with liberty to the BDA to proceed against the aforesaid Smt.S.V.Jayamma in relation to the land, which is stated to be in her illegal occupation. However, BDA shall not demolish the temple of the petitioner in view of the undertaking given by the BDA in the writ petition No.1315/2012 before this Court, 7. Accordingly, writ petition is disposed of.
Sd/- JUDGE nvj