K N GOPALAKRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in these cases have approached this Court by way of present set of writ petitions against the Respondent-Town Municipal Council, Bangarpet, Kolar District and PWD Department of the Kolar District, who sought to widen the H.I.S (Haji Ismail Sait) Road (State Highway No.95), Bangarpet Town, Kolar District and the petitioners have filed these writ petitions seeking protection against the demolition of their property for the said widening of the road, which is now described as the State Highway No.95 i.e., Hoskote - Venkatagiri Kote Road, which was earlier known as "H.I.S (Haji Ismail Sait) Road" passing through the Bangarpet town, where the present petitioners are said to have their properties in question.

(2.) The learned Senior counsel Mr.D.L.Jagadeesh appearing for the petitioners, on the anvil of Section 82 of the Karnataka Municipalities Act, 1964, has urged before the Court that the concerned Deputy Commissioner Respondent No.2 in the writ petitions has not held any enquiry in the matter in terms of S.82(1) of the Act and therefore, without any such enquiry held against these petitioners, the Respondents PWD Department and Town Municipal Council cannot be allowed to widen the road by demolishing the properties of the petitioners.

(3.) Upon notice, the State has responded with a Statement of Objections filed in this Court on 28.07.2017 in the connected writ petitions namely, W.P.Nos.25950-954/2017 and the learned Govt.Advocate has urged before the Court with reference to paras 5 and 18 of their Statement of Objections which are quoted below, that the Topo Sheet No.57 L/1 was published in the year 1973 by the Surveyor General of India and the width of the road in question was denoted as 50 Mtrs wide to the scale drawn in the Topo Sheet, which is produced as Annexure-R1 to the said Statement of Objections. She has also urged before the Court that in the Meeting held on 19.06.2015 by the Deputy Commissioner concerned, the Representatives of the concerned Departments and local M.L.A. also attended the said Meeting and a large section of public even consented to co-operate with the widening of the said road and make way for widening of the said road except these petitioners and Minutes of the said Meeting also has been produced vide Annexure-R8.