LAWS(KAR)-2019-1-448

M.BABANNA Vs. STATE OF KARNATAKA

Decided On January 10, 2019
M.Babanna Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) These intra-court appeals are directed against the order dated 12.12.2018 passed by the learned Single Judge in W.P.Nos.57994-57995/2017, whereby the interlocutory application filed by the fourth respondent herein seeking permission to complete the work of the sewage lines in the petitioner's property came to be allowed.

(2.) The petitioner, being the owner of the property bearing Sy.No.4 measuring 3 acres 36 guntas and Sy.No.17/8 situated at Roopena Agrahara Village, now part of the BBMP area, Bengaluru, has challenged the notification dated 20.11.2017 (Annexure-A) published in the Gazette on 07.12.2017 (Annexure- A-1) by the third respondent, whereunder the land to the extent of 3,257 sq. mtrs. and 311.71 sq. mtrs. respectively in the abovesaid survey numbers was sought to be acquired under Section 11(1) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('the Act') for the purposes of widening of the road and laying sewage pipes by invoking emergency clause under Section 40(1) of the Act. An interim order came to be passed on 21.12.2017 by the learned Single Judge that the petitioner should not be dispossessed from the subject property. However, the respondent Nos.1 to 3 were permitted to continue with the acquisition proceedings.

(3.) The fourth respondent filed an application under section 151 of CPC seeking permission of the writ Court to enter upon the subject property to lay new sewage lines by pressing into service Section 77 of Bangalore Water Supply And Sewage Board Act, 1964 ('BWSSB Act') and while contending, inter alia, that the petitioner though having given consent for laying underground pipelines, was obstructing and not allowing the fourth respondent to complete the work of laying sewage pipes.