SHANKAR RAO Vs. THE COMMISSIONER, CITY MUNICIPAL COUNCIL

JUDGEMENT

(1.) The petitioners' grievance is over forcibly occupying and using up their properties for the road-widening purpose in Shahabad, a Town in Gulbarga District. It is their case that the respondent authorities, without resorting to the compulsory land acquisition proceedings and without paying any compensation, are occupying their properties situated on either side of the road. The respondent authorities are not even issuing notice to the occupants of the properties in question. Sri. S.M. Chandrashekar, the learned Senior Counsel appearing on behalf of the petitioners in W.P. Nos. 28457-28468/2002 and 28730-28749/2002, 1019/2008, 1121/2008, 40424/2008, 40425/2008, 40796/2008, 40797/2008, 81735/2009, 81737/2009 and 13477/2008 submits that there is no sanction in the master plan for the road-widening purpose. He submits that the bulldozing of the buildings only shows how barbaric the respondents' acts are. He submits that the respondent authorities are not treating the people as human beings. He requests the Court to issue general directions to the concerned authorities not to act arbitrarily and inhumanly in these matters. He submits that the acquisition of land designated for a certain purpose is permissible under Section 69 of the Karnataka Town and Country Planning Act, 1961, only if the master plan provides for the same.

(2.) He generally submits that the property-owners have the supporting title deeds. Many of them have got the plans sanctioned before erecting the buildings. Even when they are in lawful possession of the properties belonging to them and developed by them, they are being dispossessed without following the due process of law. He submits that even if the owners and occupants of the properties in question file their claims, the concerned authorities may pass one line order holding that their claims are rejected or that they have encroached a portion of the road.

(3.) Sri. Aditya Sondhi, the learned Senior Counsel appearing for the petitioners in W.P. No. 21042/2011 submits that the property owners cannot be dispossessed without acquiring the land in a manner known to law and without issuing the necessary notice to the respective land owners/occupants for surrendering the possession. He also prays for a direction to the respondent authorities to rehabilitate the land-losers as per the National Rehabilitation and Resettlement Policy, 2007.