- 1 - NC: 2025:KHC:14935 WP No. 9790 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 9790 OF 2025 (LB-RES) BETWEEN: 1. K.N. NATARAJA AGED ABOUT 60 YEARS S/O. R. NARAHARI, GURUKRUPA NILAYA, NEELAKANTESHWARA EXTENSION, CHITRADURGA - 577 501, KARNATAKA. … PETITIONER (BY SRI. RAHUL M., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT, M.S. BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA-577 501. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14935 WP No. 9790 of 2025 3. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (C AND B), K.R. CIRCLE, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 4. THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, SHIVAMOGGA CIRCLE, SHIVAMOGGA-577 201. 5. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, CHITRADURGA DIVISION, CHITRADURGA-577 501. 6. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, CHITRADURGA SUB-DIVISION, CHITRADURGA-577 501. 7. THE CITY MUNICIPAL COUNCIL, CHITRADURGA, CHITRADURGA-577 501. REPRESENTED BY ITS COMMISSIONER. … RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R6; SRI S. MAHESH, ADVOCATE FOR R7) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION DECLARING THE CONTEMPLATED ACTION OF THE RESPONDENT AUTHORITIES, IN TAKING OVER ANY PORTION/S OF THE SCHEDULE PROPERTY BY DEMOLISHING THE BUILDING WITHOUT TAKING RECOURSE TO ACQUIRE THE SCHEDULE PROPERTY AND PAYMENT OF COMPENSATION UNDER RIGHT TO FAIR - 3 - NC: 2025:KHC:14935 WP No. 9790 of 2025 COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 (ACT NO.30 OF 2013), IS ILLEGAL AND WITHOUT THE AUTHORITY OF LAW AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has sought for declaration regarding the legality of contemplated action of the respondents - Authorities in taking over any portion of the schedule property by demolishing the building without recourse to procedure for acquisition under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. A further relief is also sought by the petitioner that the respondents - Authorities if were to require the land for the purpose of road widening, the same must be taken over in accordance with the applicable laws for land acquisition. 2. Petitioner claims to be the absolute owner in possession and enjoyment of the property bearing Khata - 4 - NC: 2025:KHC:14935 WP No. 9790 of 2025 No.320/302/4774/4285, Assessment No. 321/303/4775/4286 situated in Ward No.7, B.D.Road, Chitradurga Town and District. It is the case of the petitioner that attempts are being made by the respondents to increase the width of the road so as to bring the width of roads in conformity with the width in the proposed Master Plan. It is his further case that markings have been made on the property by the respondents which would indicate that the process of road widening is imminent. 3. Sri. S. Mahesh, learned counsel appearing for the petitioner submits that action would be taken strictly in accordance with law. 4. It is submitted by both sides that in W.P.Nos. 13698-700/2019 with respect to the widening of road wherein other petitioners who are property owners and situated similarly as that of petitioners had approached this Court and this Court has passed certain directions and - 5 - NC: 2025:KHC:14935 WP No. 9790 of 2025 such directions made at Paragraph Nos.6 to 9 may be made in the present matter also. 5. Sri. S. Mahesh, learned counsel would also point out that apart from the directions mentioned in the aforesaid writ petition, the Court may also take note of the observations made by the Division Bench in W.P.No.36314/2019 disposed off on 25.08.2021, more particularly in the context of 'no construction zone' within 40 meters of the National Highway. 6. Perused the directions made in W.P.Nos. 13698-700/2019. The directions made at Paragraph Nos.6 to 9 are reproduced for the purpose reference. "6. Heard learned counsel appearing for both the sides. In view of undisputed facts, after hearing both the sides, the matter is considered as below:- The proposal to widen Bengaluru-Dharwad Road by the respondents is sought to be implemented. Insofar as private rights of the petitioners, who rely on their documents of title, the same is a matter to be taken note of by the respondent - 6 - NC: 2025:KHC:14935 WP No. 9790 of 2025 Authorities. However, it is the contention of respondents that in many of the cases, the petitioners have encroached upon public property including the road and hence, are not entitled to the reliefs as sought for. For the purpose of a settled procedure to carry out the activity of road widening, the following procedure is prescribed:- (a) Notices are to be issued to the petitioners and the notices must prescribe necessary details, including the extent of the property of the petitioners that is required for the proposed road widening activity, calling upon the petitioners to submit their documents of title and other records relating to ownership and enjoyment of the properties. The respondent Authorities to conduct an appropriate enquiry under Section 82 of the Karnataka Municipalities Act, 1964 (‘the Act’ for brevity), if it is found that there is a claim by the respondent Authorities as regards the properties of the petitioners. (b) After the statutory enquiry, in the event, the petitioners’ are found to have encroached the public properties, reasonable time to avail of the legal redressal could be granted before action is taken by the respondent Authorities in accordance with the enquiry concluded in terms of Section 82 - 7 - NC: 2025:KHC:14935 WP No. 9790 of 2025 of the Act. In the event, the properties are found to be private properties, the respondents are directed to acquire rights in accordance with Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or in accordance with any other law as may be applicable with respect to acquisition of rights and interests of the properties of the petitioners. (c) It is also open to the respondent Authorities if they so decide to acquire rights through outright purchase through negotiations with the property owners in accordance with the procedure prescribed relating to the purchase of private properties. (d) It is also observed that the respondent Authorities are required to take note of the provisions contained in Chapter-IX of the Act relating to prescribing of building lines. If such building lines have not yet been prescribed, necessary steps to be taken. 7. The above directions are passed taking note of the order dated 23.03.2016 passed by this Court in Writ Petition Nos.50600-50602/2014 (LA- RES), as well as the judgment dated 18.03.2019 passed by Division Bench in Writ Appeal Nos.4296- 4299/2015 and 4300-4303/2015 and further, the directions passed in Writ Petition Nos.30738- - 8 - NC: 2025:KHC:14935 WP No. 9790 of 2025 30757/2018 and connected petitions vide order dated 14.01.2019. 8. Subject to the above observations, these writ petitions are disposed of, reserving liberty to the respondent Authorities to take necessary action in accordance with law and in light of the observations made hereinabove for making use or acquiring the rights and interests of the properties of the petitioners. 9. The respondent Authorities are also to keep in mind the procedure prescribed in the Circular dated 23.09.2016 vide No.£ÀCE 28 nJ0r 2016 while resorting to the road widening activity." 7. The present petition is disposed off directing the respondents to follow the procedure found at Paragraph Nos.6 to 9 as extracted above. That apart, the respondents - Authorities are at liberty to hold an enquiry regarding the violation of no construction zone in terms of the Circular of the State Government dated 22.12.2005. Needless to state that if petitioner has encroached upon 'no construction zone', there would be summary enquiry with notice to the petitioner before any finding is recorded - 9 - NC: 2025:KHC:14935 WP No. 9790 of 2025 regarding violation of 'no construction zone'. Needless to also state that the possession of the petitioner should not be disturbed unless the procedure as referred above is adhered to. 8. In terms of the above directions, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP