Disposed

T M Rajeshwari Pandit v. State of Karnataka

Karnataka HC6 Sept 2022WP/51380/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition filed by residents of Davanagere. The petitioners sought an injunction against demolishing their building for flyover construction, alleging lack of jurisdiction. The respondent authorities stated no acquisition was currently proposed, leaving the court to dispose of the matter.

What did the court decide?

The writ petition stands disposed of as no acquisition proposal exists currently.

T M Rajeshwari Pandit Vs State of Karnataka — Land Acquisition | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION No.51380 OF 2019(LB-RES)

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BETWEEN :

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1 . T M RAJESHWARI PANDIT AGED ABOUT 75 YEARS W/O LATE T M PANDITRADHYA.

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2 . T S VIJAYALAKSHMI AGED ABOUT 65 YEARS W/O LATE T M SHADAKSHARAIAH.

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3 . T M PANCHAKSHARAIAH AGED ABOUT 73 YEARS S/O LATE T M MAHESHWARAIAH.

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4 . T M SADANANDA AGED ABOUT 65 YEARS S/O LATE T M MAHESHWARAIAH PETITIONERS No. 1 TO 4 ARE RESIDENTS OF NO. 234/1 SHANTHI NIVAS OPPOSITE TO OLD BUS STAND P.B.ROAD, DAVANAGERE - 577 002.

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5 . T M SHASHIDHARAMURTHY AGED ABOUT 78 YEARS S/O LATE T M SIDDARADHYA AGED ABOUT 75 YEARS DODDABATI VILLAGE DAVANAGERE DISTRICT - 577 002.

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6 . T M NIRANJANAMURTHY S/O LATE T M SIDDARADHYA AGED ABOUT 73 YEARS D NO. 3183, 2^ND CROSS 10^TH MAIN, MCC B BLOCK DAVANAGERE - 577 002.

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7 . T M AKKAMMA W/O LATE T M SHIVAKUMAR AGED ABOUT 68 YEARS R/AT NO. 232/4 SHANTHI NIVAS OPPOSITE TO MAHILA SAMAJ COMPLEX ASHOK ROAD DAVANAGERE - 577 002.

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8 . T M M RAJENDRAKUMAR S/O LATE T M VIJAYKUMAR AGED ABOUT 62 YEARS R/AT NO. 232/10, SHANTHI NIVAS OPPOSITE TO OLD BUS STAND P.B.ROAD, DAVANAGERE - 577 002.

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9 . T M NAVEEN S/O LATE T M JAYADEV AGED ABOUT 55 YEARS R/AT NO. 232/11 SHANTHI NIVAS OPPOSITE TO OLD BUS STAND PB ROAD, DAVANAGERE - 577 002.

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10 . T M M RAJENDRAKUMAR S/O LATE T M VIJAYKUMAR AGED ABOUT 62 YEARS R/AT NO. 232/10 SHANTHI NIVAS OPPOSITE TO OLD BUS STAND P.B.ROAD,DAVANAGERE - 577 002.

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11 . T M SHASHIDHARAMURTHY S/O LATE T M SIDDARADHYA AGED ABOUT 75 YEARS DODDABATI VILLAGE DAVANAGERE DISTRICT - 577 002.

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12 . T M AKKAMMA W/O LATE T M SHIVAKUMAR AGED ABOUT 68 YEARS R/AT NO. 232/4 SHANTHI NIVAS OPPOSITE TO MHILA SAMAJ COMPLEX ASHOKA ROAD,DAVANAGERE - 577 002.

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13 . T M NAVEEN S/O LATE T M JAYADEV AGED ABOUT 55 YEARS R/AT NO. 232/11 SHANTHI NIVAS OPPOSITE TO OLD BUS STAND P.B.ROAD, DAVANAGERE - 577 002. ...PETITIONERS (BY SRI. RAJENDRA S., ADV. FOR SRI.S V PRAKASH, ADV.)

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AND

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1 . STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT M.S.BUILDING BENGALURU - 560 001.

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2 . THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (C AND B) K.R.CIRCLE DR AMBEDKAR VEEDHI BENGALURU - 560 001.

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3 . THE SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENT SHIVAMOGGA CIRCLE SHIVAMOGGA - 577 201.

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4 . THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT DAVANAGERE DIVISION DAVANAGERE - 577 001.

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5 . THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE - 577 001.

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6 . THE CITY MUNICIPAL CORPORATION DAVANAGERE REPRESENTED BY ITS COMMISSIONER DAVANAGERE CITY - 577 001.

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…RESPONDENTS

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(BY SRI. R. SRINIVAS GOWDA, ADV. FOR R1 TO R5: SRI. B.K. MANJUNATH, ADV. FOR R6)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE CONTEMPLATED ACTION OF THE RESPONDENT AUTHORITIES DEMOLISH THE PORTION OF THE BUILDING WHICH IS DESCRIBED AS SCHEDULE TO THIS W.P. AND TAKING OVER THE SAME FOR THE PURPOSE OF CONSTRUCTION OF FLYOVER AN OLD P.B.ROAD IN DAVANAGERE CITY WITHOUT FOLLOWING THE PROCEDURES ESTABLISHED BY LAW AS ONE WITHOUT JURISDICTION AND WITHOUT AUTHORITY OF LAW AND ETC.

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This writ petition is filed seeking for a direction to the respondents not to utilize the subject properties for widening or formation of the road without following due process of law.

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Learned AGA submits that the subject lands are not required for formation or widening of the road and the same is stated in the statement of objection at paragraph Nos.6 and 7 which reads as follows:

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“6. It is submitted that the Respondent would adhere to the rules and regulations regarding the acquisition of properties under Right to Fair Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is also submitted that this Respondent will follow due process of law in constructions of such fly over by following land acquisition laws.

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7. The Respondent humbly submits that as of now there is no proposal for acquisition of the Petitioners property for the constructions of fly over or widening of the existing road, if there

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is any requirement of the Petitioners property, for the construction of fly over or for widening of the existing road the same would be done in accordance with law.”

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Learned AGA further submits that if the subject lands are required in future, the same will be acquired, in accordance with law.

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In view of the above, this writ petition does not survive for consideration. Accordingly, the writ petition stands disposed of.

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It is needless to state that if the petitioners have constructed the building on the subject lands in violation of building bye-laws or sanctioned plan, respondent No.6 is at liberty to take appropriate action in accordance with law.

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JUDGE

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HA/-

T M Rajeshwari Pandit v. State of Karnataka

Case brief

What is this about?

What did the court decide?

T M Rajeshwari Pandit v. State of Karnataka

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

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