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2022 Supreme(Online)(Kar) 32307
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF MARCH, 2022
BEFORE
THE HON’BLE MR. JUSTICE ANANT RAMANATH HEGDE
W.P.No.102752/2013 (LB, RES)
BETWEEN:
1.
M.A.MOEEZ MANIYAR
S/O M.A.RAUF, SAB MANIYAR,
AGE: 29 YEARS, OCC: BUSINESS,
R/O H.NO.01-08-54 MOHELLA SINGARBAGH,
BIDAR, TQ. & DIST. BIDAR-585 401.
2.
M.A.RABBANI MANIYAR
S/O M.A.ABDUL RAUF SAB, MANIYAR
AGE: 27 YEARS, OCC: BUSINESS,
R/O H.NO.01-08-54, MOHELLA SINGARBAGH,
BIDAR, TQ. & DIST. BIDAR-585 401.
.... PETITIONERS
(BY SRI. J.K.BUKKA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
URBAN DEVELOPMENT DEPT.
M.S.BUILDING, BANGALORE-560 001.
2.
THE DEPUTY COMMISSIONER,
BIDAR, DIST. BIDAR-585 401.
2
3.
THE COMMISSIONER OF THE
URBAN DEVELOPMENT AUTHORITY
BIDAR-585 401.
4.
THE CITY MUNICIPAL COMMISSIONER,
THROUGH ITS CHIEF OFFICER,
BIDAR-585 401.
5.
THE JUNIOR ENGINEER,
CITY MUNICIPAL OFFICE,
BIDAR, DIST. BIDAR-585 403
... RESPONDENTS
(BY SRI. VIRANAGOUDA M.BIRADAR, AGA FOR R1 & R2;
BY SRI.GOURISH S.KHASHAMPUR, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW
THIS WRIT PETITION AND ISSUE A WRIT OF MANDAMUS OR
ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO
THE RESPONDENTS AND TO DIRECT THE RESPONDENTS TO
PAY
THE
DAMAGES
AND
COMPENSATION
FOR
ILLEGAL
DEMOLITION
OF
PETITIONER'S
SHOP
BEARING
CMC
NO.06.07.58
(OLD),
CMC
NO.06.07.62
(NEW)
AS
PER
ANNEXURE-G DATED 12.11.2007 AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
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The petitioner has filed a petition seeking damages
against respondents on the ground that his shop bearing
CMC No.06-07-58 (old), CMC No.06-07-62 (new) situated
opposite
Masjid
Rathkalpura,
Main
Road,
Bidar
is
demolished by respondents on the pretext of widening the
road.
Learned counsel for the petitioner would
submit that in terms of the order dated 20.01.2017 passed
in W.P.No.201708/2015 and order dated 01.08.2013
passed in W.P.No.101952/2013 and connected matters,
the
respondents
authority
has
awarded
appropriate
compensation to the similarly placed persons whose
properties have been acquired to widen the road.
The
writ petitioner has not produced any documents before this
Court to show that his property is acquired/utilized to
widen the road.
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The respondents authority would submit that,
they have not acquired/utilized the property of the
petitioner to widen the road. Nevertheless, the petitioner
has produced a photograph which is marked at Annexure-
H which indicates the building is demolished. However, it
is not forthcoming from the photograph who is the owner
of the property and where the property is located.
However, this Court is of the opinion that, in the event, the
petitioner's property is demolished to widen the road, the
petitioner is to be compensated as per the law relating to
the acquisition of the property, as the property right is a
constitutional right under the
Article 300A of the
Constitution of India. However, there are no materials
before this Court to hold that the petitioner's property is
acquired.
Under the circumstances, this Court is of the
opinion that the petitioner has to make a fresh application
to the concerned authority specifying the extent of land
and building belonging to the petitioner utilized to widen
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road and details of the land utilized to widen the road. If
such an application is filed, the respondent authorities shall
consider the application in accordance with law and in case
the petitioner's property is utilized to widen the road, then
necessary
steps
shall
be
taken
to
determine
the
compensation.
The
petitioner
to
file
an
application
to
respondents No.2 to 5 with relevant materials within one
month from the date of receipt of the certified copy of this
order. On receipt of the said application, respondents No.2
to 5 shall consider the application, and shall survey the
property to ascertain whether
any portion of the
petitioner's property is utilized to form a road. If the
survey
reveals
that
the
petitioner's
property
is
utilized/demolished
to
form/widen
the
road,
then
proceedings are to be initiated by the jurisdictional Deputy
Commissioner/2nd
respondent
to
determine
the
compensation payable to the petitioner.
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6.
Said exercise shall be carried out within 3
months from the date of the said application being
submitted to respondents No.2 to 5.
With these observations, the writ petition is disposed
of.
Sd/-
JUDGE
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