S.M.PRAVEEN KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners, who are residents of the properties adjoining the Bengaluru-Mangaluru National Highway-48, within municipality limits of Sakaleshapura Town Municipal Council, were earlier before this Court in W.P.No.30738- 30757/2018 and connected matters, complaining about the highhanded action on the part of the Officers of the Town Municipal Council, Assistant Commissioner and etc., in demolishing the compound wall and portions of the buildings on the premise that the petitioners have encroached upon the public properties.

(2.) This Court by order dtd. 14/1/2019 held that even if the contention of the respondent-authorities regarding the alleged encroachment of the petitioners on the public road is accepted, even then it would be incumbent upon the municipality to follow the provisions contained in Sec. 82 of the Karnataka Municipalities Act, 1986 (hereinafter referred to as 'the Act', for short) before proceeding to demolish the buildings/structures.

(3.) Learned Counsel for the petitioners submits that this Court came down heavily upon the officers of the Municipality and directed that an enquiry shall be conducted and guilty officials shall be held responsible for the damages caused to the buildings of the petitioners and they shall be liable to pay for such damages and while recovering such amounts from such officials, adverse entry shall also be made in the Service Registers of such officials.