Petitioners challenged road-widening notices requiring removal of structures. The court held any action on alleged encroachment must follow an enquiry with notice based on road-margin documents, and demolition for widening requires lawful acquisition; the notices merely sought cooperation.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 28392 OF 2017 (LB-RES)
BETWEEN:
Digitally signed by HEMALATHA A Location: High Court of Karnataka
…PETITIONERS
(BY SMT. POOJA S PUJAR, ADVOCATE FOR SRI. DEVARAJ K.S., ADVOCATE)
AND:
…RESPONDENTS
(BY SMT. B. SUKANYA BALIGA, AGA. FOR R1 & R2: SRI. S.N.HATTI, ADVOCATE FOR R5., [ABSENT])
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION INDIA PRAYING TO QUASH
THE NOTICES ALL DATED 21.6.2017 ISSUED BY R2 TO PETITIONER NOS. 1 TO 6 AT ANNEXURES-A, A1, A2, A3, A4 AND A5 AND ALSO NOTICE ISSUED BY R6 TO THE PETITONERS VIDE ANNEXURE-H DATED 03.06.2017.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed under Articles 226 & 227 of
the Constitution of India praying to quash the notices vide Annexures A, A1, A2, A3, A4 and A5, dated 21.06.2017 and also notice dated 03.06.2017 vide Annexure H, whereby the petitioners were called upon to co-operate in removal of structures within 42 feet from the middle of the road in order to facilitate road widening.
NC: 2024:KHC:19155 WP No. 28392 of 2017
None appears for respondent No.5.
Sd/JUDGE
CM
List No.: 1 Sl No.: 63
1 issue framed by the court
Whether notices directing petitioners to vacate structures for road widening were lawful without enquiry or acquisition.
1 provisions across 1 enactments
Smt. Rathnamma @ Rathna Bai
Sri. Tajmal Ahmed
Sri. H M Rafeeq Ahmed
Smt. Lalitha
Sri. P Krishnachar
Smt. Padmavathi
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
