ANAND AND ORS. Vs. THE COMMISSIONER, CITY CORPORATION OF BELAGAVI & MEMBER DISTRICT LEVEL TASK FORCE AND ORS.

JUDGEMENT

(1.) THE grievance of the petitioners is that their properties are being used up without acquiring them and without giving the compensation thereof. It is their case that the Belgavi City Corporation is utilizing their lands for the purpose of widening the roads.

(2.) SRI Shreevatsa Suresh Hegde, the learned counsel appearing for the petitioners submits that nobody can be deprived of their private properties without following the due process of law.

(3.) THE submissions of the learned counsel have received my thoughtful consideration. That the road -widening is a public purpose cannot be disputed at all. But, if the road -widening project has to be on the properties belonging to the petitioners, then such properties cannot be summarily occupied and utilized by the Corporation. It is trite that nobody can be deprived of their properties without following the due process of law. The question that arises for my consideration is whether the road -widening is taking place using up the property belonging to the Corporation or belonging to the private owner. They are the disputed questions of facts. In the proceedings under Article 226 of the Constitution of India, it is not possible to deliver any finding on such factual controversies. Such disputes cannot be resolved without holding an enquiry. The decision on claim of the property by or against the Corporation can be obtained by raising the dispute before the Regional Commissioner invoking Section 178A of the Karnataka Municipal Corporations Act, 1976 ('the said Act' for short). The provisions contained in Section 178A(1) and (2) of the said Act are extracted hereinbelow: