LAWS(KAR)-2014-6-127

LAKSHMIDEVI Vs. STATE OF KARNATAKA

Decided On June 10, 2014
Lakshmidevi Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) THE petitioners are questioning the intimation letters issued by the Assistant Executive Engineer of Karnataka Slum Development Board directing them to vacate their homes/huts in Jai Bhuvaneshwarinagar slum area. They are directed to occupy and shift to the houses constructed in Kudlu Village for the purpose of rehabilitating them.

(2.) SRI Vivek S. Reddy, the learned counsel appearing for the petitioners in Writ Petition Nos. 24075 -24117/2014, 22184 -22191/2014 and 25591 -25646/2014 submits that the premises constructed at Kudlu Village are in dilapidated condition. They are unfit for human occupation. The buildings in Kudlu village have developed the cracks, plasting is peeling off, minimum quantity of cement is used and the external and internal walls are very weak. The structural engineer has given the report to the effect that it is not advisable to stay there. He has also produced the photographs to support his submission that the quality of construction is poor. The buildings in Kudlu Village are so weak that it is not safe for the petitioners to reside there.

(3.) THE learned counsel submits that the men folk living in Jai Bhuvaneshwarinagar slum area are employed gainfully in the adjoining localities. If they are forced to shift to a distant locality, they would lose their source of livelihood. He submits that the proposed shifting to Kudlu Village would also affect the school -going children. The exercise of shifting cannot be done after the commencement of academic year. He submits that the abrupt shifting would only bring about a dislocation in the lives of the slum -dwellers. It would lead to a rise in the drop -out rate from the schools. He would contend that the Kudlu Village buildings are not viable alternative at all.