High Court clarified that school structures subject to demolition orders are not exempt from demolition indefinitely, despite operative wording suggesting retention.
Clarification provided regarding demolition timeline for school structures; review petition disposed of.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
REVIEW PETITION NO. 106 OF 2023
BETWEEN:
…PETITIONERS
(BY SRI. MURUGESH V CHARATI.,ADVOCATE)
AND:
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
RP No. 106 of 2023
HRBR LAYOUT, KALYAN NAGAR, BANGALORE-560 043.
…RESPONDENTS
(BY SRI.R SRINIVASA GOWDA., AGA FOR R1; SRI.R.P.SOMASHEKARAIAH.,ADVOCATE FOR R2 TO R4)
THIS REVIEW PETITION UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO (I) REVIEW THE ORDER DATED 13.02.2023 PASSED BY THIS HONBLE COURT IN WP NO. 10632/2020 AND DISMISS THE WRIT PETITION NO. 10632/2020 BY ALLOWING THE PRESENT REVIEW PETITION AND (II) ISSUE ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION AS THIS HONBLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE MEET THE ENDS OF JUSTICE.
THIS REVIEW PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Review Petition seeks clarification as to the
meaning of Operative Portion of the judgment dated 13.02.2023 passed by this Court in W.P.No. 10632/2020, wherein Item No.(iii) reads as under:
“iii) After the period of two years is over, the petitioners shall within three months thereafter demolish/dismantle all structures other than the school & college buildings that exist in the subject premises, at their own cost;”
RP No. 106 of 2023
submits that the text of the said operative portion gives an impression that the school can be retained without demolition in eternity. This is bit difficult to agree with since the Apex Court has time & again said that the operative portion of an order if at all there is some ambiguity, should be understood in the light of reasoning part. Going by the reasoning, it cannot be argued that the school structure can be retained as it is in eternity. It too
needs to be dismantled.
With the above clarification, this Review Petition is disposed off.
Sd/JUDGE
Bsv
1 issue framed by the court
Whether the phrase 'eternity' in the operative portion regarding school demolition implies an indefinite retention period.
1 provisions across 1 enactments
Bangalore Development Authority
State of Karnataka
B L Ramadevi
Prasad Gowda
Rajiv Venkatpathi Gowda
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
