VEENA MAHESH Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) Petitioner-Owner of building bearing Municipal Door No.175 consisting of two floors put to use for commercial activity and located at P.B.Road, Davanagere measuring East to West 100 ft and North to South 18 feet, alleging illegal action of demolition of the portion of the building, in a highhanded manner, by the State and its Public Works Department, respondents 1 to 6 and 9, has presented this petition for a direction to restore possession of the demolished portions of the building; pay compensation of Rs. 50 lakhs; declare the action as one without following The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and pay compensation; and prohibit respondents from further demolition of portion of building existing without acquisition and for other appropriate reliefs.

(2.) Petition is not opposed by filing statement of objections of the respondents. The Executive Engineer and the Deputy Commissioner arraigned as party respondents No.4 and 6 though served, are absent and unrepresented.

(3.) Sri.Jayakumar S.Patil, learned Senior counsel for the petitioner is correct in his submission that in paragraph 6 of the caveat petition Annexure-D filed by the 1st respondent-State of Karnataka indicates an admission of a fact that petitioner is one of the owners of the property located adjacent to old P.B.Road, which in sought to be demolished for widening the P.B.Road.