Disposed

Smt Lalitha Bai Jadhav v. State of Karnataka

Karnataka HC9 Nov 2022WP/15343/2015

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of two connected writ petitions filed against state authorities for demolition of buildings and land use for road widening in Davanagere. Following a precedent, the court held that property extent must be ascertained via survey to determine compensation entitlement.

What did the court decide?

Opinion: Petitioners to be compensated only for the portion of property acquired for road widening pursuant to a survey by competent officers.

Smt Lalitha Bai Jadhav Vs State of Karnataka — Land Acquisition | Karnataka HC (2022)

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WP NO. 22685 OF 2015

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C/W WP NO. 15343 OF 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 09^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE E.S. INDIRESH

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WRIT PETITION NO.22685 OF 2015 (GM-RES)

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C/W

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WRIT PETITION NO.15343 OF 2015

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IN WP NO.22685 OF 2015

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BETWEEN:

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SMT. LALITHAMMA B.C W/O LATE B.R. CHANDRASHEKAR, AGED ABOUT 83 YEARS, OCC: HOUSEHOLD WORK, NO."H", DIVISION, GANDHINAGARA, 1^ST CROSS, OLD POONA BANGALORE ROAD, HARIHARA-577601.

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DR. RAMACHANDRA B.C., S/O LATE B.R. CHANDRASHEKAR, AGED ABOUT 62 YEARS, OCC: MEDICINE, NO."H", DIVISION, GANDHINAGARA, 1^ST CROSS, OLD POONA BANGALORE ROAD, HARIHARA-577601.

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Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka

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SRINIVASA. B.C., S/O LATE B.R. CHANDRASHEKAR, AGED ABOUT 57 YEARS, OCC: ENGINEER, NO."H", DIVISION, GANDHINAGARA, 1^ST CROSS, OLD POONA BANGALORE ROAD, HARIHARA-577601.

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…PETITIONERS

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(BY SRI. RAJENDRA S, ADVOCATE FOR SRI S V PRAKASH, ADVOCATE)

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WP NO. 22685 OF 2015 C/W WP NO. 15343 OF 2015

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AND:

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STATE OF KARNATAKA REPTD. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, M.S. BUILDING, BENGALURU-01.

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THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (C&B), K.R. CIRCLE, DR. AMBEDKAR VEEDHI, BENGALURU-01.

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THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, SHIVAMOGGA CIRCLE, SHIVAMOGGA -577201.

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THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, DAVANGERE DIVISION, DAVANGERE-577601.

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THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, HARIHARA DIVISION, HARIHARA-577601.

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THE DEPUTY COMMISSIONER DAVANGERE DISTRICT, DAVANGERE.

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THE ASSISTANT COMMISSIONER DAVANGERE SUB-DIVISION, DAVANGERE-577601.

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THE CITY MUNICIPAL COUNCIL HARIHARA, REPT. BY ITS COMMISSIONER HARIHARA CITY,

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WP NO. 22685 OF 2015 C/W WP NO. 15343 OF 2015

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DAVANGERE DISTRICT-577601.

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…RESPONDENTS

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(BY SMT. A.R. SHARADAMBA, AGA FOR R1 TO R7; SRI B.K. MANJUNATH, ADVOCATE FOR R8)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACTION OF THE RESPONDENTS IN DEMOLISHING THE PORTION OF THE BUILDING EXISTS ON THE SCHEDULE PROPERTY TO THIS WRIT PETITION WITHOUT FOLLOWING THE PROCEDURES ESTABLISHED BY LAW AS ONE WITHOUT JURISDICTION AND WITHOUT AUTHORITY OF LAW; AND ETC.

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IN WP No.15343 OF 2015

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BETWEEN:

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SMT. LALITHA BAI JADHAV W/O R S JADHAV @ RAMACHANDRA RAO S JADHAV AGED ABOUT 68 YEARS R/AT D.NO.1675/225 MANJUNATHA NILAYA BEHIND SIDDAGANGA SCHOOL BYRAPPA HOUSE ROAD DAVANAGERE CITY-577 004.

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…PETITIONERS

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(BY SRI RAJENDRA S, ADVOCATE FOR SRI S V PRAKASH, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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REPRESENTED BY ITS

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PRINCIPAL SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT M S BUILDING

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BENGALURU-01.

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THE CHIEF ENGINEER

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PUBLIC WORKS DEPARTMENT (C&B)

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WP NO. 22685 OF 2015 C/W WP NO. 15343 OF 2015

K R CIRCLE

DR. AMBEDKAR VEEDHI

BENGALURU-01.

THE SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENT SHIVAMOGGA CIRCLE

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SHIVAMOGGA-577 201.

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THE EXECUTIVE ENGINEER

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PUBLIC WORKS DEPARTMENT DAVANAGERE DIVISION

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DAVANAGERE-577 601.

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THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT DAVANAGERE SUB-DIVISION

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DAVANAGERE.

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THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT

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DAVANAGERE-577 002.

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THE ASSISTANT COMMISSIONER DAVANAGERE SUB-DIVISION

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DAVANAGERE-577 002.

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THE CITY MUNICIPAL CORPORATION DAVANAGERE

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REPRESENTED BY ITS

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COMMISSIONER

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DAVANAGERE CITY DAVANAGERE-577 002.

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...RESPONDENTS (BY SMT. A R SHARADAMBA, AGA FOR R1 TO 7; SRI B K MANJUNATH, ADVOCATE FOR R8)

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WP NO. 22685 OF 2015 C/W WP NO. 15343 OF 2015

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FOLLOWING THE PROCEDURES ESTABLISHED BY LAW AS ONE WITHOUT JURISDICTION AND WITHOUT AUTHORITY OF LAW; AND ETC.

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THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY THE COURT MADE THE FOLLOWING:

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O R D E R

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In these writ petitions, the relief sought for by the petitioners is in respect of demolition of the portion of the building by respondent-authorities whereby the respondentauthorities have undertaken the work of widening of road, as well as removal of encroachment made by the petitioners herein.

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Having heard the learned counsel for the petitioner, in identical cases, this Court in Writ petition No.19433 of 2015 decided on 24^th August, 2022 disposed of the writ petition and held that the grievance of the petitioners in respect of the land utilised for the purpose of widening of old DavanagereBengaluru Road is without following due process of law and the extent of property belonging to the petitioners which is utilised for the purpose of widening of the said road is to be ascertained only after conducting survey by competent officers of Public Works Department and upon conducting such survey by the

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WP NO. 22685 OF 2015 C/W WP NO. 15343 OF 2015

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officers concerned, if it is found that the property belonging to the petitioners has been utilised for the purpose of widening the Davanagere-Bengaluru Road or if there is any encroachment made by the petitioners and as such, the petitioners are entitled for compensation only in respect of the portion of the property acquired for the purpose of widening of the road. In that view of the matter, following the law declared by this Court in the aforementioned writ petition, present writ petitions are also liable to be disposed of in terms of the observations made by this Court in the aforementioned writ petition. Accordingly petitions are disposed of.

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SD/JUDGE

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LNN

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List No.: 1 Sl No.: 19

Smt Lalitha Bai Jadhav v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Lalitha Bai Jadhav v. State of Karnataka

Case brief

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What did the court decide?

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