K VASUDEVA Vs. D R NEELAPPA REDDY

JUDGEMENT

(1.) IN these intra-Court appeals, writ petitioners are the appellants before us. They had filed the writ petitions with the prayer to restrain the respondent-Commissioner of the Bangalore City Corporation and its other officers from entering on the part of the conservancy lane on which they are alleged to have put up certain constructions and demolish the same. The learned Single Judge after referring to the relevant statutory provisions, had negatived the prayer (K. Vasudeva and Others v The corporation of the City of Bangalore and Others ).

(2.) THE appellants are exerting their right to remain on the conservancy lane in question on the basis of a registered lease deed dated 16th february, 1954 which was entered into between their father and the corporation (Annexure-B to the writ petition) whereunder the lessee had undertaken to plant or grow trees in the above lane with a very clear stipulation that they will not put up any construction of any nature. The Corporation had reserved its rights to enter upon the land for purpose of periodical clearing of the underground sewerage and other installations on the land. The period of the said lease has already expired on 15-2-1957.

(3.) IT is a matter of record that in violation of the terms of the lease which permitted the lessee only to plant trees, he or his successors had put up constructions, as well. Certainly this act has not been done by the appellants or their father pursuant to any right flowing from the above lease deed. It cannot be disputed that the conservancy lane is a public street within the meaning of clause (31) of Section 2 of the Karnataka municipal Corporations Act, 1976 (for short, the "act") which reads as under: "public street" means any street, road, square, court, alley, passage or riding path over which the public have a right of way