Dismissed

Shabara Shankara Residential Public School v. Union of India

Karnataka HC2 Feb 2021WP/1857/2021

Case brief

AI extract

What is this about?

Writ petition filed to direct respondents to construct an underpass bridge on National Highway-48. Court held that infrastructure placement is for experts; no legal right to compel specific location, though representations are considered. Petition dismissed.

What did the court decide?

Prayer to construct underpass dismissed; no case for entertaining the petition.

Shabara Shankara Residential Public School Vs Union of… — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF FEBRUARY, 2021 PRESENT

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THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.1857 OF 2021(GM-RES-PIL)

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BETWEEN:

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1 . SHABARA SHANKARA RESIDENTIAL PUBLIC SCHOOL VIJAPURA CHITRADURGA -577 541 REPRESENTED BY ITS HEAD MASTER

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2 . SAHYADRI PRIMARY SCHOOL VIJAPURA CHITRADURGA - 577 541 REPRESENTED BY ITS HEAD MASTER

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3 . G. PARAMESHWARAPPA S/O GIRIYAPPA AGED ABOUT 65 YEARS VIJAPURA, LAKSHMISAGAR (POST) CHALLKERE CHITRADURGA - 577 541

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4 . C. HONNAPPA FATHER'S NAME NOT KNOWN AGED ABOUT 72 YEARS 130, NEAR WATER TANK VIJAPURA, LAKSHMISAGAR (POST) CHALLAKERE CHITRADURGA - 577 541

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5 . SRI. BASAWARAJAPPA .M S/O MURTHEPPA AGED ABOUT 41 YEARS VIJAPURA, LAKSHMISAGAR (POST) CHALLKERE CHITRADURGA - 577 541

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6 . ANANDAMURTHI S/O SHIVANNA AGED ABOUT 52 YEARS VIJAPURA, LAKSHMISAGAR CHALLKERE CHITRADURGA - 577 541 7 . JAGADISH .L S/O LAKSHMANAPPA AGED ABOUT 53 YEARS VIJAPURA, LAKSHMISAGAR CHALLKERE CHITRADURGA - 577 541 8 . MARUTHI .E S/O ANCHIRA ESHWARAPPA AGED ABOUT 41 YEARS VIJAPURA, LAKSHMISAGAR CHALLAKERE CHITRADURGA - 577 541 9 . GURUPADAPPA .C S/O CHANNAPPA AGED ABOUT 62 YEARS VIJAPURA, LAKSHMISAGAR CHALLKERE CHITRADURGA - 577 541 10 . MANJUNATHA .R S/O RAJASHEKARAIAH AGED ABOUT 40 YEARS VIJAPURA, LAKSHMISAGAR CHALLAKERE CHITRADURGA - 577 541

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... PETITIONERS (BY SHRI. GOVINDARAJ .K. JOISA, ADVOCATE)

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AND:

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1 . UNION OF INDIA DEPARTMENT OF MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAVAN NO.1, PARLIAMENT STREET NEW DELHI - 110 001 REPRESENTED BY ITS CHIEF ENGINEER

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2 . THE CHAIRMAN NATIONAL HIGHWAYS AUTHORITY OF INDIA

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G5 AND G6, SECTOR-10 DWARAKA NEW DELHI - 110 075 REPRESENTED BY ITS CHIEF GENERAL MANAGER 3 . THE GENERAL MANAGER NATIONAL HIGHWAYS AUTHORITY OF INDIA KARNATAKA REGION REGIONAL OFFICE NEAR DEEPAK COMPLEX M S RAMAIAH ENCLAVE NEAR NAGASANDRA METRO STATION 4 . THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT NEAR J.M.I.T, N.H-4 CHITRADURGA - 577 502 5 . STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560 001 6 . THE CHIEF ENGINEER DEPARTMENT OF PUBLIC WORKS PORT AND INLAND WATER TRANSPORT K R CIRCLE BENGALURU - 560 001 7 . THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA - 577 502 8 . THE THASILDAR CHITRADURGA TALUK OFFICE CHITRADURGA - 577 502 9 . M/S. PNC CHITRADURGA HIGHWAYS PVT. LTD. CABIN NO.5, NBCC PLAZA TOWER II, 4^TH FLOOR PUSHP VHAR, SECTOR V SAKET NEW DELHI NEW DELHI DL - 110 017 REPRESENTED BY ITS CHIEF MANAGER ... RESPONDENTS (BY SHRI. VIJAYAKUMAR .A. PATIL, AGA FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS CONSIDER THE REPRESENTATION (ANNEXURE-A) GIVEN BY THE PETITIONERS/VILLAGERS AND TO DIRECT THE RESPONDENT NOS. 2, 3 AND 4 TO CONSTRUCT THE UNDERPASS BRIDGE TO CROSS THE NATIONAL HIGHWAY - 48 (OLD N.H-4) OF CHITRADURGADAVANAGERE SECTION, WHICH IS PASSING THROUGH THE VIJAPURA VILLAGE, HIREGUNTANOOR HOBLI, CHITRADURGA TALUK, CHITRADURGA AND ETC.

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THIS PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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The prayer in this petition is for directing the second to fourth respondents to construct an underpass bridge below National Highway-48 at a particular place.

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Where an underpass is to be constructed for crossing National Highway is an issue which is to be best left to the experts in the field. A writ Court cannot decide where an underpass should be constructed. There is no right vested in the petitioner to compel the authorities of the National Highway Authority of India to construct an underpass in a particular place. Nevertheless, if a representation is made by the petitioner, the same shall be taken into consideration by the concerned authorities.

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3. Subject to what is observed above, no case for

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entertaining this petition is made out.

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The writ petition is disposed of.

Sd/-

CHIEF JUSTICE

Sd/JUDGE

*alb/-.

Shabara Shankara Residential Public School v. Union of India

Case brief

What is this about?

What did the court decide?

Shabara Shankara Residential Public School v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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