KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
SRI V MOHAMED SHAFIULLA – Appellant
Versus
THE COMMISSIONER – Respondent
This writ petition is filed seeking for a direction to
respondents not to take any forcible or coercive steps to
dispossess the petitioners from their land measuring 750
sq.ft.
in
HL
No.125
and
126,
Nagavarapalya,
Benniganahalli Dakhale, K.R. Puram Hobli, Bengaluru East
Taluk in forming storm water drain without following the
due process of law.
2.
The petitioners and respondents have filed a
compromise petition under Order XXIII Rule 3 of Code of
Civil Procedure stating that the parties amicably settled the
dispute among themselves and terms and conditions
contained in the compromise petition reads as under:
(i)
"The Petitioners have voluntarily and happily
surrendered 2-3 x 70 feet out of 750 SFT for
the formation of storm water drain. The
Petitioners have given their consent to the
respondents to take the possession of 2-3 x 70
feet for purpose of formation of storm water
drain running from Kaggadasapura Main Road
to Kaggadasapura Lake. It is submitted that
the respondents have also agreed to take
possession of 2-3 X 70 feet of land out of 750
SFT land and they have also undertake that
the said portion of land i.e., 2-3 X 70 feet shall
be utilised only for the formation of storm
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