H.N.GIRISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The case of the petitioners is that they are owners of 1 acre 13 guntas of land in Survey Nos.118/1 and 118/2 of Hadlahalli village, Sakaleshpur Taluk, Hassan District. Respondent no.5 is widening the road as per the orders of respondent no.2 and in the process, a portion of the property of the petitioners has been encroached upon without paying any compensation to the petitioners. On the said ground, the writ petition is filed with a prayer to direct respondent nos.1 to 5 to pay necessary compensation to the petitioners.

(2.) The learned AGA appearing for the respondents, upon instructions, submits that the land of the petitioners is not encroached upon to construct the road. However, he fairly submits that if the petitioners were to produce necessary documents to show that a portion of their property is utilized for formation of the road, they would be paid compensation in accordance with law.

(3.) It is needless to state that if the respondents/ authorities were to utilize a portion of the property belonging to the petitioners, then they have to pay just compensation to the petitioners in accordance with law. Under the given facts and circumstances of the case, interest of justice would be met if the petitioners are permitted to appear before respondent no.2 and produce necessary documents to show that a portion of their property is utilized for road formation and if they are able to establish the same, respondent no.2 would be required to initiate necessary action to have the petitioners adequately compensated.