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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 22^ND DAY OF MARCH 2021

BEFORE

THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

W.P. NO.50153 OF 2014 (LA-RES)

BETWEEN:

1.

SRI D.G. RAGHUNATH

AGED ABOUT 55 YEARS

S/O LATE D.GOPALA RAO

OCC:MERCHANT

R/O NEAR CHURCH

OLD P.B.ROAD

HARIHARACITY-577 601

DAVANAGERE DISTRICT

2.

SMT.D.R.SHARADA

AGED ABOUT 49 YEARS

W/O D.RAGHUNATH

OCC:HOUSEMAKER

R/O NEAR CHURCH

OLD P.B.ROAD

HARIHARA CITY

DAVANAGERE DIST-577 601

… PETITIONERS

(BY SRI. S. V. PRAKASH, ADV.)

AND:

1.

STATE OF KARNATAKA

REP. BY ITS PRINCIPAL SECRETARY

TO GOVERNMENT, PUBLIC WORKS

DEPARTMENT, M.S. BUILDING

BANGALORE-560 001

2.

THE CHIEF ENGINEER

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PUBLIC WORKS DEPARTMENT (C& B)

K.R.CIRCLE, DR.AMBEDKAR VEEDHI

BANGALORE- 560 001

3.

THE SUPERINTENDING ENGINEER

PUBLIC WORKS DEPARTMENT

SHIMOGA CIRCLE, SHIMOGA-577 201

4.

THE EXECUTIVE ENGINEER

PUBLIC WORKS DEPARTMENT

DAVANAGERE DIVISION

DAVANAGERE-577 601

5.

THE ASSISTANT EXECUTIVE ENGINEER

PUBLIC WORKS DEPARTMENT

HARIHARA DIVISION

HARIHARA -577 601

6.

THE DEPUTY COMMISSIONER

DAVANAGERE DISTRICT

DAVANAGERE

7.

THE ASSISTANT COMMISSIONER

DAVANAGERE SUB-DIVISION

DAVANAGERE

8.

THE CITY MUNICIPAL COUNCIL, HARIHARA

REP. BY ITS COMMISSIONER

HARIHARA CITY – 577 601 … RESPONDENTS

(BY SRI. A. C. BALRAJ, AGA FOR R1 TO R7;

SRI. B. K. MANJUNATH, ADV. FOR R8)

THIS W.P. IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO

DECLARE THAT THE ACTION OF THE RESPONDENTS TO

DEMOLISH THE PORTION OF THE BUILDING EXISTING

ON THE SCHEDULE ‘A’ & ‘B’ PROPERTY TO THIS WRIT

PETITION WITHOUT FOLLOWING THE MANDATORY

PROVISIONS CONTAINED UNDER “THE RIGHT TO FAIR

COMPENSATION

AND

TRANSPARENCY

IN

LAND

ACQUISITION, REHABILITATION AND RESETTLEMENT

ACT, 2013” AND PAYMENT OF COMPENSATION AS

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PROVIDED THEREIN AS ONE WITHOUT JURISDICTION

AND WITHOUT AUTHORITY OF LAW AND ETC.

THIS

W.P.

COMING

ON

FOR

PRELIMINARY

HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE

THE FOLLOWING:-

ORDER

In this petition, petitioners have sought for the

following reliefs:-

“a) Issue a writ, order, direction or any

other appropriate writ declaring that the action of

the respondents to demolish the portion of the

building existing on the schedule ‘A’ and ‘B’

property to this writ petition without following the

mandatory provisions contained under “The Right

to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act,

2013” and payment of compensation as provided

therein as one without jurisdiction and without

authority of law;

b)

Issue

a

writ,

order

or

direction,

prohibiting the respondents from demolishing

portion of the building existing on the schedule ‘A’

and ‘B’ property to this writ petition, without

acquisition and payment of compensation as

provided under the provisions of “The Right to

Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act,

2013”;

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c) Issue any other appropriate writ, order

or direction, as this Hon’ble Court deems it

appropriate in the facts and circumstances of the

case, in the interest of justice and equity;

d) Award cost of the proceedings;”

2.

In

addition

to

reiterating

the

various

contentions urged in the petition and referring to the

documents produced, learned counsel for the petitioners

submits that respondents are illegally and high handedly

attempting to remove and demolish the existing

structures on the schedule property without following

the due process of law and hence, the petitioners are

before this Court by way of the present petition. In

support of his contention, learned counsel for the

petitioners placed reliance in the cases of S.V.Shubha

vs. State of Karnataka - W.P.No.2920/2020 Dated

10.02.2020 and Dr.G.Rajagopala Reddy vs. State

of Karnataka - W.P.No.1377/2