SHANTHAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in this writ petition are seeking for declaration that the action of the respondents in demolishing the portion of the building existed on the schedule property without following procedures established by law and is one without jurisdiction, also a direction to restore the portion of the building demolished by them to its original position prior to the demolition and direction to pay compensation of Rs.33,44,000.00 to the petitioners for the damage caused in the schedule property.

(2.) Heard Sri. Rajendra .S, learned counsel for Sri. S.V. Prakash, learned counsel for the petitioners, Sri. B.K. Manjunath, learned counsel for respondent No.8 and Smt. Anitha .N, learned HCGP for respondent Nos.1 to 7.

(3.) The petitioners claim to be the absolute owners of the suit schedule property and portion of the schedule property bearing Katha No.215/182/212 facing old P.B. Road in Harihara city was demolished by the respondent- authorities without following the due process of law. Learned counsel for the petitioners would contend that the action of the respondents in demolishing the portion of the building without following due process of law is in violation of Article 300-A and Article 21 of Constitution of India and that the petitioners are entitled for compensation.