High Court of Karnataka allowed a writ petition filed by building owners against respondents seeking demolition for road widening, directing respondents to adhere to due process of law, specifically the Land Acquisition Act.
Direction not to demolish the buildings without following due process of law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JUNE, 2022
BEFORE
THE HON’BLE MR.JUSTICE R.NATARAJ
WRIT PETITION NO.45869 OF 2015 (LB - RES)
BETWEEN:
…PETITIONERS
(BY SRI.KALEEMULLAH SHARIFF, ADVOCATE)
AND:
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 3 NOT TO DEMOLISH THE PROPERTIES/BUILDINGS OF THE PETITIONERS MARKED BY THEM FOR DEMOLITION AS PER THE PHOTOS PRODUCED AT ANNEXURES - E TO E2 BY ISSUING A WRIT OF PROHIBITION AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners have sought for a direction to respondent Nos.1 to 3 not to demolish their buildings marked by respondent Nos.1 to 3 for the widening of the road leading from Nittuvalli New Extension and APMC, Davangere Town, without following the due process of law.
3
In view of the aforesaid submission, this writ petition
is allowed .
4
The respondent Nos.1 to 3 are hereby directed not to
demolish the buildings of the petitioners without following due process of law.
Sd/JUDGE
ssb
1 issue framed by the court
Whether direction can be issued under Article 226 to prevent demolition of buildings alleged to be executed without due process of law.
2 provisions across 2 enactments
SRI. R. SIDDAPPA
SRI. G.M. VENKATESH
SMT. KOTRAMMA
THE COMMISSIONER, DAVANAGERE CITY MUNICIPAL COUNCIL
THE EXECUTIVE ENGINEER, U.D.A.
THE SECRETARY, AGRICULTURE PRODUCE MARKET, COMMITTEE
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
