LAWS(KAR)-2015-8-359

KIRAN MADHAVRAO JINARALKAR Vs. THE COMMISSIONER CITY CORPORATION OF BELAGAVI & MEMBER DISTRICT LEVEL TASK FORCE AND ORS.

Decided On August 20, 2015
Kiran Madhavrao Jinaralkar Appellant
V/S
The Commissioner City Corporation Of Belagavi And Member District Level Task Force And Ors. Respondents

JUDGEMENT

(1.) The grievance of the petitioner is that his property is being used up without acquiring it and without giving the compensation thereof. It is his case that the Belgavi City Corporation is utilizing his lands for the purpose of widening the roads.

(2.) Sri Shreevatsa Suresh Hegde, the learned counsel appearing for the petitioner submits that nobody can be deprived of his private property without following the due process of law.

(3.) Sri Jagadish Patil, the learned counsel appearing for the respondent Belgavi City Corporation (hereinafter called 'the Corporation') submits that the Comprehensive Development Plan shows that the property in question is earmarked for the road -widening. He submits that the large number of occupants on either side of the road have already vacated their properties to enable the Corporation to widen the roads. He also submits that some of the owners of the properties in question have not come before the Court; on the other hand some of the petitions are filed by the lessees/tenants/unauthorised occupants. He submits that if the petitioner is found to be the owner of the property in question and if he is inclined to receive the transferable development rights, the Corporation would be anxious to sort out the issues with him.