LAWS(KAR)-2017-11-143

SRI. MAHADEV PRASAD Vs. TOWN MUNICIPALITY

Decided On November 10, 2017
Sri. Mahadev Prasad Appellant
V/S
Town Municipality Respondents

JUDGEMENT

(1.) The petitioners-Mahadev Prasad, Harihara Nagaraj, Smt.H.S.Pushpalatha and Smt.Nagamma have approached this Court against the impugned Notices issued by the Town Municipality, T.Narasipura Taluk, Mysuru District, threatening to demolish their property as being constructed in violation of the National Highway Rules vide Annexures-A to D series dated 26.07.2017. The said Notices have been issued by the 'Upalokayuktha' vide Annexure-H dated 06.05.2017, who upon the complaint of one A.Mahlingu, President of T.Narasipura Taluk Ganigara Sangha, Sosali, No.305, Dalavai Agrahara, T.Narasipura Taluk, Mysore District, found that the constructions on the Site Nos.308, 303, 304 situated at the Dalavai Agrahara, T.Narasipura Taluk of Mysore District and within the prohibited limits of 40 meters of NH-212.

(2.) The learned Upalokayuktha (Justice Subhash B Adi), the former Judge of this Court found that despite the complaints and report the Pattana Panchayath T.Narasipura officials did not take suitable steps in the matter for removal of the offending constructions of the present petitioners.

(3.) Learned counsel for the petitioners submitted that no opportunity of hearing was given to these petitioners before issuing the impugned Notices dated 26.07.2017, which have been received by the petitioners only recently before filing of these writ petitions on 07.11.2017 and a threat of demolition has been made in the impugned Notices.