IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 4TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT APPEAL No.3011 OF 2019 (LA - BDA) BETWEEN:
1. SRI N.LAKSHMINARAYAN, SON OF LATE G.NANGUNDAPPA, AGED ABOUT 55 YEARS, NO.66, NEW MANJUNATHA LAYOUT, RAMAMURTHY NAGARA, BENGALURU – 560 016.
2. SMT.PRAVHAVATHI WIFE OF LATE NAGARAJ, AGED ABOUT 39 YEARS, NO.43, HARECHAND LAYOUT, 3RD CROSS, JEEVANAHALLI, BENGALURU – 560 005.
3. SRI N.KUMAR SON OF LATE G.NANGUNDAPPA, AGED ABOUT 45 YEARS, NO.43, HARECHAND LAYOUT, 3RD CROSS, JEEVANAHALLI, BENGALURU – 560 005.
4. SRI.N.SRINIVAS SON OF LATE G.NANGUNDAPPA, AGED ABOUT 42 YEARS, NO.43, HARECHAND LAYOUT, 3RD CROSS, JEEVANAHALLI, BENGALURU – 560 005.
5. SRI.N.ANAND SON OF LATE G.NANJUNDAPPA, AGED ABOUT 41 YEARS, NO.43, HARECHAND LAYOUT, 3RD CROSS, JEEVANAHALLI, BENGALURU-560 005.
6. SRI CHANDRASHEKAR.N SON OF LATE G. NANJUNDAPPA, AGED ABOUT 40 YEARS, NO.43, HARECHAND LAYOUT, 3RD CROSS, JEEVANAHALLI, BENGALURU-560 005.
(BY SRI M.S. BHAGWAT, ADVOCATE) AND:
... APPELLANTS 1. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND MUNICIPAL ADMINISTRATION, REPRESENTED BY ITS PRINCIPAL SECRETARY, M.S.BUILDING, BENGALURU – 560 001.
2. BENGALURU DEVELOPMENT AUITHORITY REPRESENTED BY ITS COMMISSIONER, KUMARAPARK WEST, BENGALURU – 560 020.
3. ADDITIONAL LAND ACQUISITION OFFICER, CITY IMPROVEMENT TRUST BOARD, NOW BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BENGALURU – 560 020.
4. ASSISTANT EXECUTIVE ENGINEER NO.4, NORTH SUB DIVISION, BENGALURU DEVELOPMENT AUTHORITY, R.T.NAGAR, BENGALURU-560 032.
5. ASSISTANT ENGINEER NO.4, NORTH SUB DIVISION, BENGALURU DEVELOPMENT AUTHORITY, R.T.NAGAR, BENGALURU – 560 032.
... RESPONDENTS (BY SRI I. THARANATH POOJARY, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1;
RESPONDENT NOs.2 TO 5 ARE SERVED UNREPRESENTED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 01.08.2019 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NOS.31209-214 OF 2019 IN SO FAR AS IT RELATES REJECTION OF INTERIM RELIEF IS CONCERNED AND CONSEQUENTLY GRANT AN INTERIM ORDER AS PRAYED FOR BY THE APELLANTS IN WRIT PETITION NOS.31209-214 OF 2019 BEFORE THE LEARNED SINGLE JUDGE ETC., THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order dated 01.08.2019, passed in writ petition Nos.31209-31214 of 2019, by the learned Single Judge, in declining to grant an order in respect of protection of petitioners’ properties, the writ petitioners therein have filed this appeal.
2. Learned counsel for the appellants submits that there is a threat of demolition of the petitioners’ properties. However, the learned Single Judge has stated that there is no official document to show that there is a threat of demolition to the petitioners’ properties.
3. Learned Government Advocate appears for respondent No.1 and the remaining respondents are served and unrepresented.
4. The petitioners have challenged the acquisition proceedings and the same is pending consideration. The petitioners’ apprehend that the building put up by them may be demolished in the guise of the acquisition proceedings.
5. However, on considering the contentions appropriate interference is called for. We are of the view that since it is not possible for the petitioners to produce any material to indicate apprehension of threat of demolition by the respondents and the apprehension being notional, the court would have to consider the apprehension. However, we deem it just and necessary that the properties require to be protected till the disposal of the matter before the learned Single Judge.
6. Hence, the appeal is allowed.
There shall be an interim order directing the respondents not to demolish appellants’ properties, if not yet demolished subject to further orders of the learned Single Judge.
The said order shall continue till the disposal of the writ petition before the learned Single Judge.
Sd/- JUDGE Sd/- JUDGE nvj