A writ petition concerning unauthorized use of land for road formation. The court directed the respondents to survey the land within three months to ascertain encroachment, keeping further contentions open. No costs awarded.
Writ disposed; Respondents to survey land within three months to ascertain encroachment.
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WP No. 23804 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 23804 OF 2022 (LA-RES)
BETWEEN:
SRI. S. JAYARAMAIAH, S/O SEETHAPPA, AGED 71 YEARS, RA/T NO. 253, GROUND FLOOR, 1ST BLOCK, BDA LAYOUT, MARIAPPANAPALYA, JNANABHARATHI, BENGALURU-560 056.
…PETITIONER
(BY SRI. GIREESHA KODGI, ADVOCATE)
AND:
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
WP No. 23804 of 2022
PANCHAYATHRAJ, 3RD FLOOR, GRAMAEENABHIVRUDDI BHAVANA, ANANDARAO CIRCLE, BENGALURU, KARNATAKA-560 009, REP. BY ITS CHIEF EXECUTIVE OFFICER.
…RESPONDENTS
(BY SRI. SRINIVASA GOWDA R., AGA FOR R1 AND R2; SRI. K. MANU, ADVOACATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY COMPENSATION TO THE PETITIONER FOR THE LAND ACQUIRED IN SY.NO 15/3, TO AN EXTENT OF 30FT X 310FT TOTALLY MEASURING 9300 SQ.FT, AT KUTTINAGER VILLAGE, KUDURU HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT.
THIS WP COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The short grievance of the Petitioner is that his land has been used by the Respondents for the formation of the road sans acquisition process. Learned counsel for the Petitioner argues that the property rights having been constitutionally guaranteed under Article 300A, the Respondents could not have made use of his lands without acquiring and paying compensation for the same. He hastens to add that should the land be surveyed, the
WP No. 23804 of 2022
factum of his possession and title would come to his aid and therefore, for granting relief to the Petitioner, the Respondents should be directed to do it and if encroachment is shown by the Survey Report, then the compensation ought to be paid for the utilized land.
WP No. 23804 of 2022
In view of the above, Writ Petition is disposed off.
Time for compliance is three months. All contentions are kept open.
The answering Respondents may solicit any information or documents from the Petitioner side subject to the rider that in the guise of such solicitation, delay shall not be brooked.
Now no costs.
Sd/JUDGE
DS
1 issue framed by the court
Whether land acquired for road formation without proper acquisition process warrants writ relief for compensation.
SRI. S. JAYARAMAIAH
THE STATE OF KARNATAKA, DEPT. OF RURAL DEVELOPMENT AND PANCHAYATHRAJ
DEPUTY COMMISSIONER, RAMANGARA
KARNATAKA RURAL ROAD DEVELOPMENT AGENCY
KRISHNA S DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
