D Praveenkumar S/O D Sreenivasa Shetty v. the State of Karnataka
Case brief
What is this about?
Apprehension of demolition for road widening; writ of mandamus under Articles 226 and 227; unauthorised structures; demolition only per prescribed legal procedure; structures on petitioner's land require land-acquisition proceedings before demolition; no compensation for encroachment of public property; encroachment to be determined only after survey with due notice; Kalyana Karnataka Regional Development Board; City Municipal Council Gangavathi; District Koppal; writ petition allowed in part.
What did the court decide?
Writ petition allowed in part with directions: (i) any action for demolition of unauthorised structures must proceed in accordance with the procedure contemplated under law; (ii) structures known to be on the petitioners' land cannot be demolished without initiating land-acquisition proceedings; (iii) no compensation is payable where public property is encroached upon; (iv) whether any portion of the property is encroached upon must be decided only after a survey with due notice to the petitioners.