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K. V. ARAVIND
T. N. CHANDRASHEKAR S/O SHRI N. NANJAPPA – Appellant
Versus
GOVERNMENT OF KARNATAKA, BY ITS CHIEF SECRETARY – Respondent
ORDER :
1. This writ petition preferred seeking the following reliefs:
(ii) to declare that the demolition of the structure on the schedule B property in occupation of the petitioner by the respondents herein is illegal, unlawful and opposed to law without any notification whatsoever.
(iii) to direct the respondents to restore the suit building in O.S. No. 307/2011 to the original position at the costs of the respondents.
(iv) to award compensation for illegal demolition of the schedule B property in a sum of Rs.72,00,000/- (Rupees seventy two lakhs).
(v) and prays for such other relief or reliefs as this Hon'ble court deems fit in the circumstances of the case, including the costs of the above petition, in the interest of justice and equity.”
2. Brief facts:
Administrative actions resulting in civil consequences must adhere to principles of natural justice, including providing notice and opportunity to be heard.
Point of law: Whenever a fundamental right is violated, and damages suffered, a writ court under Article 226 of the Constitution of India shall not hesitate to order payment of adequate compensation.....
Compensation for property demolition not awarded under public law; needs civil remedy for private rights.
Unlawful demolition of property – Justice through bulldozers is unknown to any civilized system of jurisprudence – Citizens’ voices cannot be throttled by a threat of destroying their properties and ....
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 ....
Procedural safeguards in demolitions must be strictly followed; arbitrary executive actions violate constitutional rights and undermine public trust.
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