This is a writ petition filed by petitioners challenging the demolition of their buildings by respondents for road widening without land acquisition. The bench found the grievance genuine and restricted further demolition without acquisition.
Writ petition allowed; respondents restrained from demolishing petitioner buildings without acquiring the land.
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.
WP No. 20437 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 20437 OF 2017 (LB-RES)
BETWEEN:
S/O LATE THOTADHA SIDDAPPA AGED ABOUT 75 YEARS
RESIDING AT 6TH WARD
DODDABALLAPUR TOWN
BANGALORE RURAL DISTRICT-561 203
AGED ABOUT 38 YEARS RESIDING AT 6TH WARD
DODDABALLAPUR TOWN
BANGALORE RURAL DISTRICT-561 203
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
3. D L MUNIYAPPA
S/O LAKSHMINARAYANAPPA
AGED ABOUT 63 YEARS
RESIDING AT 6TH WARD
DODDABALLAPUR TOWN
BANGALORE RURAL DISTRICT-561 203
… PETITIONERS
(BY SRI. J N NAVEEN., ADVOCATE)
AND:
DR B R AMBEDKAR VEEDHI
WP No. 20437 of 2017
BANGALORE-560 001 BY ITS SECRETARY
… RESPONDENTS
(BY SMT. A.R. SHARADAMBA, AGA FOR R1 & R2;
SRI K.N. SRINIVASA, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS NOT TO DEMOLISH THE BUILDINGS OF THE PETITIONERS WITHOUT FOLLOWING DUE PROCESS KNOWN TO LAW AND RESIST THE RESPONDENTS IN DEMOLISHING THE PRIVATE BUILDINGS OF THE PETITIONERS MENTIONED IN THE SCHEDULED I TO THE W.P. AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
WP No. 20437 of 2017
WP No. 20437 of 2017
acquiring the land form any road. As such I pass the
following;
ORDER
ii. The respondents are restrained from demolishing the building of the petitioners without acquisition of the land.
Sd/JUDGE
SR
2 issues framed by the court
Whether the respondents can demolish petitioner buildings to widen a road without acquiring the land first under the guise of public purpose?
Whether the petitioners' grievance regarding unauthorized encroachment on their owned property is genuine and sufficient for interim protection?
1 provisions across 1 enactments
Eranna
H K Sujatha
D L Muniyappa
The State of Karnataka Department of Urban Development
The Deputy Commissioner Doddaballapur
The City Municipal Council Doddaballapur
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
