B Shivaswamy vs State of Karnataka And Byarapura Grama Panchayat

Ashok B. Hinchigeri

The petitioner''s grievance is that the shops erected on the land in question are being demolished for the widening of T. Narasipura - Nanjangud road. Sri Sandesh, the Learned Counsel for the petitioner submits that the petitioner has not encroached any public property and that the petitioner is the lawful owner of the property in question. He submits that without following the due process of law, the petitioner is being dispossessed and the the shop units are being demolished.

Sri N.B.Vishwanath, the learned Additional Government Advocate for the respondent Nos. 1 to 3 submits that the shops in question are existing on the road. He submits that the petitioner has encroached the property.

Sri Somayaji, the Learned Counsel for the respondent No. 4 prays for the dismissal of this petition.

If the petitioner has indeed encroached the public property or any portion thereof, the respondents have the power coupled with duty to have the encroachment cleared but then an opportunity has to be given to the petitioner to show to the respondents authorities that he has not encroached the property and that he is the !awful owner.

The 2nd respondent is therefore required and directed to issue notice to the petitioner and hold the enquiry in the matter and thereafter take a decision in the matter. If it found that the petitioner has encroached the public property, the concerned authorities shall evict the petitioner in accordance with law. On the other hand, if it is found that the property belongs to the petitioner, then the Government has to either resort to the compulsory acquisition proceedings of the lands or negotiate with the petitioner and take the property on sale, lease, etc., if it is required for any public purpose. The respondents are directed not to dispossess the petitioner without following the due process of law. This petition is accordingly allowed. No order as to costs.