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

water drain and not for any other purpose and

4

the Respondents further undertake that they

will not disturb the remaining portion of the

land and also undertake that they will not

interfere in Petitioners peaceful possession and

enjoyment of the remaining portion of the land

i.e., 750 SFT - (minus) 2-3 X 70 feet.

(ii)

The petitioners have voluntarily and happily

undertake

that

they

will

not

claim

any

compensation in respect of surrendered land

i.e., 2-3 X 70 feet and as the same is required

for the public purpose.

(iii)

The Petitioners and Respondents represented

by

the

Respondent

No.3

i.e.,

Assistant

Executive Engineer had a joint inspection of

the Schedule Property on 26.07.2022 and the

petitioners have already surrendered 2-3 X 70

feet to the respondents for the purpose of

forming storm water drain.

(iv)

The Respondents have undertaken that they

will not acquire any further portion of suit

schedule property in future as the Petitioners

have already surrendered 2-3 X 70 feet in the

suit schedule property for the formation of

storm

water

drain

without

claiming

compensation."

3.

Hence, this writ petition is disposed of in terms

of the settlement arrived between the parties and

accordingly the respondents are hereby restrained from

acquiring any further portion of the schedule property in

future as the petitioners herein already surrendered 2-3 X

5

70 feet in the schedule property for the formation of storm

water drain without claiming compensation.

Sd/-

JUDGE

BVK