S. RANGANATH JOIS AND ORS. Vs. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT AND ORS.

JUDGEMENT

(1.) THE objection statement filed on behalf of the respondents is taken on record. The petitioners are before this Court seeking for appropriate direction and declare the action of the respondents to demolish the house property belonging to the petitioners which is described in the schedule to the petitions as without jurisdiction and without authority of law. The petitioners are also seeking for direction to prohibit the respondents from demolishing the property without due process of law.

(2.) THE petitioners are claiming to be the owners of the properties described in the schedule to the petitions. The said properties are facing the Soraba Main Road. The respondents with a view to widen the said road are seeking to demolish the property without following due process of law. The petitioners therefore contend that such action to deprive the petitioners of their property is contrary to the right guaranteed in Article 300A of the Constitution of India. The petitioners also refer to the fact that in respect of such demolition which was proposed by the respondents, even though no proper procedure of acquiring the property and fixing compensation was followed, certain consent letters were prepared fixing the compensation arbitrarily and the consent of the petitioners was sought. Since the petitioners did not consent to the same, the respondents are taking high handed action of demolishing the properties without opportunity to the petitioners.

(3.) WHILE taking note of the rival contentions, it is also seen that certain other similarly placed persons were before this Court making out a similar grievance. This Court while disposing of W.P. No. 43779/2011 on 24.11.2011 has observed as hereunder: