The court emphasized the necessity of proper notice and adherence to procedural safeguards in administrative actions affecting property rights, ruling the demolition illegal due to failure to follow due process.

ORDER :

1. The petitioner – party-in-person is before this Court seeking for the following reliefs:

a) Declare the demolition of her dwelling house as illegal.

b) Order for restoration of her dwelling house, her dignity, self respect and reputation, her fundamental right to live with safety, her right to privacy and her right to sleep which is required for her health and basic livelihood.

c) Alternatively to compensate her with Rupees One Crore for the illegal action of having suspended her guaranteed fundamental rights for the last three years and the trauma she has undergone for the fault of the government officials.

d) Quash the impugned order of the R-1 Commissioner Bruhat Bengaluru Municipal Corporation Order No.P.S.(4) 1034/16-17 dated 24.1.2018 appended as Annexure-A.

e) Direct the respondent-authorities to restore the dwelling house of the petitioner situated at house No.11, Makara Jyoti, Narayan Reddy Layout, Behind Atlanta School, Doddanekundi, Bengaluru-37 in its original shape.

f) Alternatively direct the respondents to pay Rupees Thirty Five Lakhs (Rs.35 lakhs) towards construction of her dwelling house illegally demolished by the Respondent BBMP without following the procedure established under law.

g) direct the R-4 and 5 who entered her house to compensate the petitioner with an amount of Rupees Twenty Lakhs (Rs.20,00,000) for the theft and damage caused to the property of the petitioner as the illegal demolition was undertaken on a dwelling house filled with household items, including valuables, electronic items, kitchen items, wardrobes, interiors etc and important documents of property and person which are earned out of her salary of 25 years service with the central government;

h) Direct the Respondent BBMP to pay her rent of Rs.20000/-per month which she is incurring from April 2016 onwards with an annual increase of 10% totaling to Rupees Eight Lakhs (Rs.800000/-) that she has incurred so far;

i) Pass such other orders so as to ensure that the R-1 who is a Senior IAS Officer and the custodian of the Bruhat Bengaluru Mahanagara Palike and whose entire action is illegal and an attempt to interfere in the smooth flow of justice does not ever indulge in such brazen activities and he works with fear of law;

j) Take stringent action of Respondent BBMP Nos.1 to 6 for deliberate and malafide disobedience of the Constitution of India, the Karnataka Municipal Corporation Act, its rules and bye-laws of which they are the creation so that in future such acts are not repeated by any government officials;

k) Direct the jurisdictional police to investigate the matter with regard to the money flow from the R-7 to several site owners when according to his affidavit he is having annual income of Rs.50,000/-and fabrication of documents on government land done by R-7 in connivance with the R-2;

l) Set up an enquiry to investigate the role of the Respondent BBMP, the Revenue Officials and the Police who are encouraging the real estate mafia and due to which the petitioner has been suffering for the last six years. such enquiry will bring out the force behind the R-7 who is the financier in the entire scheme of things;

m) Pass such other or further order(s) that may be deemed fit and proper in the circumstances of the case.

2. The petitioner’s vendor Dr.Suryakumar Sharma is stated to have purchased site No.11 bearing Khata No.471/2 & 476/1B from his vendor situate in a layout approved by the HA Sanitary Board on 30.01.1991. Dr.Sharma is stated to have obtained a plan sanction bearing licence No.108/1995-96 to demolish the old mud building and put up construction of a RCC ground floor in the said site, in furtherance of which Dr.Sharma had commenced construction.

3. Before the construction could be completed, Dr.Sharma sold the aforesaid property to the petitioner vide a registered sale deed dated 17.01.2005 wherein the property has been described as Property bearing No. HASB Khata No.471/2C, property No. 88 measuring East to We