IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRAURY, 2019 PRESENT THE HON’BLE MR. L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.8286 OF 2017 (GM-RES) BETWEEN:
SRI P.R.SUBBARAYAPPA, S/O LATE RAMASWAMY, AGED ABOUT 77 YEARS, RESIDING AT BALAKRISHNA ASHRAM ROAD, MUTHYALPET, MULBAGAL TOWN, TALUK : MULBAGAL, DIST : KOLAR PIN CODE: 563 131.
AND:
(BY SRI S.V.DESAI, ADVOCATE) ... PETITIONER 1. MINISTRY OF ROAD TRANSPORT & HIGHWAYS, TRANSPORT BHAVAN, NO.1, PARLIAMENT STREET, NEW DELHI – 110 001.
2. THE LAND ACQUISITION OFFICER & COMPETENT AUTHORITY, NHAI, BENGALURU, NH – 75 (OLD NO.4) (MULBAGAL-KOLAR-BENGALURU SECTION) KM 216 / 900 TO KM 320/000, 3RD MAIN, PALASANDRA LAYOUT, GULPET, KOLAR.
3. THE PROJECT DIRECTOR & DEPUTY GENERAL MANAGER, NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) (MINISTRY OF ROAD TRANSPORT & HIGHWAYS) SY. NO.13, 14TH K.M., BENGALURU-TUMKUR ROAD, NAGASANDRA VILLAGE, BENGALURU – 560 773.
4. THE PRINCIPAL SECRETARY PWD GOVERNMENT OF KARNATAKA K.R.CIRCLE, NRUPATUNGA ROAD, BENGALURU.
5. THE SECRETARY, OF NATIONAL HIGHWAY DIVISION, K.R.CIRCLE, NRUPATUNGA ROAD, BENGALURU – 560 001. DELETED 6. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BEHIND KANDAYA BHAVAN, K.G.ROAD, BENGALURU-560 001.
7. THE SUPERINTENDENT OF POLICE, BENGALURU URBAN DISTRICT, INFANTRY ROAD, BENGALURU-560 001.
... RESPONDENTS (BY SRI R.V.NAIK, ADV. FOR R1 TO R3, SRI D. NAGARAJA, AGA FOR R4, R6 & R7, R5 DELETED VIDE COURT ORDER DATED 26.09.18) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO EVICT THE TRESPASSERS FROM THE ACQUIRED LAND FROM THE AUTHORITIES AT BOTH THE SIDES (LEFT & RIGHT) AT K.R.PURAM, ADJOINING THE NH-75 (OLD NO.4) AND FURTHER DIRECT THE RESPONDENTS TO FORM 100 FEET ROAD BOTH THE SIDES OF THE NATIONAL HIGHWAY DRAIN SERVICE ROAD AND FOOT PATH IMMEDIATELY.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, P.S.DINESH KUMAR, J., MADE THE FOLLOWING:
ORDER Heard.
2. This petition is filed in public interest seeking a direction to the respondent authorities to evict tresspassers from the acquired lands on both sides of National Highway No.75 (Old No.4) and to further direct them to form 100 feet road on both sides of National Highway.
3. Sri Ramesh, learned Advocate for National Highway Authority submits that there are some encroachments on the acquired lands and this is hindering construction and maintenance of National Highway. He has also placed for our perusal the order passed by the Division Bench of this Court on 01.12.1999 in W.P. NO.2039/1998 and prays that similar order be passed in this writ petition also.
4. Having heard the learned Advocate for National Highways, we are of the view that the National Highway being a major and important mode of communication, there should be no hindrance in construction and maintenance of the National Highways. In the circumstance, we direct the respondent – National Highway Authority to remove the encroachments and direct the State Government to give all assistance including police protection, if required, for removal of encroachments.
5. The writ petition is disposed of with the above directions.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VK