IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.39432/2011(KLR-RES) BETWEEN 1. UNION OF INDIA, REPRESENTED BY ITS DEFENCE SECRETARY, NO 105, SOUTH BLOCK ROOM NO.13, 5.K. KAMARAJ LANE, NEW DELHI.
2. THE COMMANDER IN CHIEF HQ SOUTHERN AIR COMMAND, AKKULAM TRIVANDRUM, KERALA.
3. THE STATION COMMANDER, AIR FORCE RADAR STATION, CHIMNEY HILLS, HESARAGHATTA MAIN ROAD, BANGALORE 560 090 ... PETITIONERS (BY SRI PRADEEP SINGH, ASSISTANT SOLICITOR GENERAL) AND 1. SYED ASHRAF, AGED ABOUT 46 YEARS, S/O SYED YASEEN, 24, C-1, INSOA CHIMEY HILL, CHIKKABANAVARA POST, BANGALORE -560 090.
2. SHRIKANTH P. UDUPA, AGED ABOUT 44 YEARS S/O P.L. UDUPA 24, C-3, ‘SREELAKSHMI’, INSOA CHIMEY HILL, CHIKKABANAVARA POST, BANGALORE -560 090.
3. DEVAKI AGED ABOUT 48 YEARS, W/O VISHWANATH A. SUVARNA, NO.7, B-1, CHIMNEY HILL, CHIKKABANAVARA POST, BANGALORE -560 090.
4. RATNAKAR SHETTY, AGED ABOUT 54 YEARS S/O KRISHNA SHETTY SITE NO 16-B, CHIMNEY HILL, CHIKKABANAVARA POST, BANGALORE - 560 090.
5. VINOD KUMAR AGED ABOUT 40 YEARS S/O H R SINGH, 3, A-2, CHIMNEY HILL CHIKKABANAVARA POST, BANGALORE -560 090.
6. VISHWAMBER TRUST ® SURVEY NO 12, CHIMNEY HILL, REPRESENTED BY THEIR GPA HOLDER, B.M.SREENIVASA, AGED ABOUT 60 YEARS, NO 311/1, 1ST MAIN ROAD, MULLIKONDAPPA COMPLEX, BAGALGUNTE, BANGALORE -560 073.
7. THE SPECIAL DEPUTY COMMISSIONER BANGALORE DISTRICT BANGALORE.
8. THE CHAIRMAN BANGALORE WATER SUPPLY AND SEWERAGE BOARD, CAUVERY BHAVAN, BANGALORE.
9. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA KRUPA, BANGALORE -560 020.
10. THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, N.R SQUARE, BANGALORE - 560 002 ... RESPONDENTS (BY SRI N K RAMESH, ADVOCATE FOR R1-R5 SRI T.S.MAHANTESH, AGA FOR R7, SRI K.KRISHNA, ADVOCATE FOR R9, SRI K.N.PUTTEGOWDA, ADVOCATE FOR R10, SRI K.P.MONISH, ADVOCATE FOR R8 VIDE ORDER DATED 7.9.2018 PETITION REJECTED AGAINST R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE SPECIAL DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT IN LND CR 66/2010-11 DATED 6.6.2011, VIDE ANNEXURE-A IN AS MUCH AS THE DEPUTY COMMISSIONER PASSING AN ORDER PERMITTING THE RESPONDENTS 1 TO 7 AND OTHERS TO USE THE PIPELINE ROAD TRANSFERRED FROM BWSSB TO AIR FORCE AUTHORITIES WHERE THE RADAR STATION IS SITUATED AT CHIMNEY HILLS AT HESARGHATTA, BANGALORE NORTH TALUK, BANGALORE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The Union of India represented by its Defence Secretary, the Commander in Chief, HQ, Southern Air Command and the Station Commander, Air Force Radar Station, Chimney Hills, Hesaraghatta Main Road, Bengaluru, have come up in this writ petition challenging the order of the Deputy Commissioner dated 6.6.2011 at Annexure-A, in proceedings bearing No.LND.CR.66/2010-11.
2. Admittedly, the proceedings in No.LND.CR.66/2010-11 is pursuant to a direction issued by the Coordinate Bench of this Court in WP.Nos.24075- 80/2010 (LR-RES) which was filed by several residents of Chimney Hills Road seeking right of way to reach the sites formed in a private layout in the said locality. When the said writ petitions were filed, the petitioners herein were made as parties for the reason that the petitioners in said writ petitions were able to reach their sites only through a portion of land belonging to the Defence, which was under the control of petitioners herein. In fact, considering the peculiar circumstance in which the residents of Chimney Hills Road are situated, the Coordinate Bench had passed the order dated 30.8.2010 in directing the Deputy Commissioner of Bengaluru District to conduct an enquiry in to the matter and to give suggestions to the Government. It is in this background the order under Annexure-A has come in to place.
3. In the order impugned, the Deputy Commissioner suggested certain solutions as under:
“1. The Bruhat Bangalore Mahanagara Palike will be requested to form a road in the Navy Layout parallel to Pipiline Road on both sides of Pipiline Road a parallel road can be formed as the area is vacant.
2. A underpass at two points below the Pipiline Road can be constructed for the movement of people from S.No.12 and 13.
3. Till the Bruhat Bangalore Mahanagara Palike acquires land through S.No.12, 13 and 11, the sites owners will be permitted to use the Pipiline Road as there is no other road to enter into the Navy Layout as the layout is on the slopes of CHIMNEY HILLS.
4. After formation road by the B.B.M.P., the Air Force can fence the CHIMNEY PIPELINE Road.”
4. Being aggrieved by the said solutions, the petitioners have come up in this petition challenging the same.
5. However, during the pendency of this writ petition, it is seen that one of the solutions viz., solution No.3 suggested by the Deputy Commissioner is accepted by the Government and the same is implemented. The learned Assistant Solicitor General appearing for the petitioners would submit that implementation of said 3rd solution is to the satisfaction of the petitioners also in as much as the BBMP having acquired the land has formed a separate road to the benefit of the petitioners in the earlier round of writ petitions and in view of separate road being formed, they are seized to enter in to any portion of the land belonging to the petitioners herein. He would further add that in the light of 3rd solution being given effect to correlated 4th solution is also available to the general public, for which the petitioners have no grievance in as much as they have already fenced their land as suggested in 4th solution. Hence, it is stated by the parties to this proceedings that this writ petition may be disposed of on the ground that the recommendation/solution of the Deputy Commissioner being implemented, nothing survives for consideration in this writ petition.
Accordingly, by placing the submission of all the concerned, this writ petition is disposed of.
Sd/- JUDGE nd/-