Smt Kusumlatha Verma Vs Bruhat Bangalore Mahanagara Palike

M/S TVS EMERALD HAVEN REALTY LTD., A COMPANY REGISTERED UNDER THE COMPANY ACT, CORPORATE OFFICE, 4TH FLOOR, ISPAHANI CENTRE, NUNGAMBAKKAM HIGH ROAD, CHENNAI - 600 034. (REPRESENTED BY ITS CEO MR.SRIRAM LYER)

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ALSO AT: MANIPAL COUNTY ROAD, AISHWARYA CRYSTAL LAYOUT, SINGASANDRA, BANGALORE - 560 068.

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…RESPONDENTS

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(BY SRI. PAWAN KUMAR, ADVOCATE FOR R1; SRI. UDAYA HOLLA, SENIOR COUNSEL FOR MISS. PRIYA KALE, ADVOCATE AND SRI. GEORGE JOSEPH, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO STOP ALL FURTHER CONSTRUCTION THAT IS BEING PUT UP BY THE R-2 BY DEPLOYING HEAVY EARTH MOVING MACHINERY AND ALSO USING HEAVY DRILLERS SO AS TO ENSURE THE SAFETY OF THE LIVES AND PROPERTIES OF THE PETITIONERS ARE SAFEGUARDED AND ALSO TO ENSURE THAT THEIR LIVES AND PERSONAL LIBERTY ARE NOT ENCROACHED UPON BY THE THEIR R-2, THEREBY DEPRIVING THEM OF THEIR

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3 - NC: 2025:KHC:2254 WP No. 32088 of 2024

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CONSTITUTIONAL RIGHT AS ENSCHRINED IN THE CONSTITUTION OF INDIA.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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ORAL ORDER

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The prayer in this petition is to direct respondent No.1 to stop all further construction that is being put up by respondent No.2 by deploying heavy earth moving machinery and also using heavy drillers so as to ensure the safety of the lives and properties of the petitioners are safeguarded and also to ensure that their lives and personal liberty are not encroached upon by Respondent No.2.

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Today, the parties have filed a compromise petition which indicates that the petitioners have no objection for the construction of respondent No.2 to go on.

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The terms of the compromise petition read as follows:

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“MEMORANDUM OF COMPROMISE PETITION UNDER ORDER XXIII OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH ARTICLE 226 OF THE CONSTITUTION OF INDIA

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The Petitioners and Respondent No. 2 above named jointly submit as follows:

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The Petitioner Nos. 1 to 3 reside at No. 13/1, 1st Main, CKC Garden, Sudhamanagar, Bangalore – 560027. The Petitioners No. 4 and 5 reside at No. 13, 1^st Floor, 1^st Main,1^st Cross, CKC Garden, Sudhamanagar, Bangalore – 560027. Further, Petitioner No. 6 resides at No. 11, 1^st Main, 1^st Cross, CKC Garden, Sudhamanagar, Bangalore – 560027.

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The Respondent No. 2 is the owner of site bearing No. 70/1, Mission Road, Bengaluru – 560 027 (“ Subject Land ”), which is bound on the south side by the Petitioners’ houses as mentioned above. The residences of the Petitioners are situated adjacent to the Subject Land of Respondent No. 2, who is developing the same into a multi-storied building.

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The Petitioners have filed the above Writ Petition seeking inter alia the following reliefs in relation to the Subject Land:

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a. To direct the First Respondent to stop all further construction that is being put up by the Second Respondent by deploying heavy earth moving machinery and also using heavy drillers so as to ensure the safety of the lives and properties of the Petitioners are safeguarded and also to ensure that their lives and personal liberty are not encroached upon by the their Second Respondent, thereby depriving them of their Constitutional right as enshrined in the Constitution of India.

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In view of the tremendous loss in revenue being caused to Respondent No. 2 due to its construction being halted on the Subject Land through the above Writ Petition and with the intention of putting a quietus to the above litigation and proceeding with construction on the Subject Land, Respondent No. 2 and the Petitioners have agreed to amicably settle the instant dispute.

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In this regard, pursuant to mutual negotiations, the Petitioners and Respondent No. 2 have agreed to amicably resolve all inter-se disputes/claims and record the terms and conditions of compromise between the Petitioner and Respondent No. 2 in writing as follows:

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a. Neither the Petitioners nor Respondent No. 2 admit to the rival claims / contentions raised against each other;

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b. Towards full and final settlement of the instant dispute, to maintain good relations with the Petitioners and as a goodwill gesture without admitting to any liability whatsoever of any manner, Respondent No. 2 has agreed to pay an amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only) to the Petitioners, who have agreed to receive the same in the following manner:

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Sl. No.	Particulars of Petitioner	Amount	Mode and Details
1.	Smt. Kusumlatha Verma	Rs.1,50,000/-	Demand Draft HDFC Bank “050472” – 18.01.2025
2.	Sri. Vishal Mercan	Rs.1,50,000/-	“050473”
3.	Sri. Vinod Kumar Verma	Rs.1,50,000/-	“050474”
4.	Smt. Madhu	Rs.3,25,000/-	“050475”
5.	Smt. Dhanalakshmi	Rs.3,25,000/-	“050476”
6.	Sri. R. Gurunath	Rs.4,00,000/-	“050477”

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c. In furtherance of this Hon’ble Court’s Order dated 16.12.2024 and 19.12.2024 in the above matter, Respondent No. 2 shall re-commence construction on the Subject Land, with Bangalore University, Faculty of Engineering – Civil, University of Visvesvaraya College of Engineering (“ UVCE ”) monitoring the excavation at the Subject Land periodically till the plinth level on the southern side of the Subject Land or till a maximum of 9 months from the date of beginning, whichever is earlier, as stated by the UVCE in its communication dated

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17.12.2024. The communication dated 17.12.2024 issued by the UVCE was placed on record before this Hon’ble Court vide a Memo dated 18.12.2024 filed by Respondent No. 2;

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d. The Petitioners agree that the above amount being received is towards full and final settlement and the Petitioners have no subsisting or further claim whatsoever against Respondent No. 2 in relation to the Subject Land and the construction by Respondent No. 2 on the Subject Land.

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The Petitioners and Respondent No. 2 agree to present the instant Memorandum of Compromise before this Hon’ble Court on 20.01.2025, to record the terms of the compromise for an Order to be passed by this Hon’ble Court accordingly.

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WHEREFORE, it is prayed that that the above matter be disposed off in accordance with the terms of the instant Compromise Petition, in the interests of justice and equity. ”

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In light of the compromise petition, respondent No.2 is permitted to re-commence construction on the Subject Land, with Bangalore University, Faculty of Engineering – Civil, University of Visvesvaraya College of Engineering (“ UVCE ”) monitoring the excavation at the subject land periodically till the plinth level on the southern side of the subject land or till a maximum of 9 months from the date of beginning, whichever is earlier.

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The writ petition is accordingly disposed of in terms

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of the compromise petition.

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Sd/(N S SANJAY GOWDA) JUDGE

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RK List No.: 1 Sl No.: 81

Smt Kusumlatha Verma v. Bruhat Bangalore Mahanagara Palike

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Smt Kusumlatha Verma v. Bruhat Bangalore Mahanagara Palike

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