Shiddalingappa S/o Shivappa Shettar v. Government of Karnataka Department of Urban Development, Bengaluru Rep. by its Secretary
2025-05-28
K.V.ARAVIND, N.V.ANJARIA
body2025
DigiLaw.ai
JUDGMENT : N.V. ANJARIA, CJ. 1. Heard learned advocate Mr. R. Kanni Selvakarasan for learned advocate Smt. B.V. Nidhishree for the petitioners and learned Additional Government Advocate Smt. Niloufer Akbar for the respondents. 2. The present petition is presented as public interest litigation by three petitioners. The first petitioner and the second petitioner are advocates by profession and stated to be practicing in the courts at Byadgi Town whereas, the third petitioner is a businessman. The said petitioners are the residents of Byadgi Town, Haveri District and they claim to be public spirited persons. 3. The prayers made in the petition is to direct the respondent-authorities to provide to the residents of Byadgi Town, basic civic amenities such as asphalted roads, covered gutters, proper drainage and sewerage system and further to make available pure drinking water. The petitioners have made their representation in this regard seeking that the same may be decided by the authorities favorably. 3.1 The grievance of the petitioners has arisen in view of the action taken by the respondent-authorities to construct State National Highway No.136 from Gajendragad to Soraba. The said State National Highway would pass through the main road of Byadgi Town. In view of the laying of the road, it was stated that the telephone lines, electricity lines, gutters, drains etc. on the Byadgi main road were dismantled and removed by the authorities. It was stated that the road was dug on both the sides and was left open and this action took place as back in the year 2016. 3.2 It the case of the petitioners that most of the population of Byadgi Town is dependent on their business for livelihood. It is stated that several colleges, schools, residential houses, shops are situated on the main road. In view of the proposal acted upon by the respondent-authorities to construct State National Highway covering the Byadgi Town road, all have suffered. The photographs are produced to depict the conditions of the roads and further show that there is failure on part of the authorities to provide basic facilities and other civic amenities. 3.3. It is claimed that drinking water have become contaminated, endangering public health. It was stated that the residents of the Byadgi Town sent letter dated 23.06.2016 to respondent No.2-the Chief Officer, Byadgi Town Municipal Council.
3.3. It is claimed that drinking water have become contaminated, endangering public health. It was stated that the residents of the Byadgi Town sent letter dated 23.06.2016 to respondent No.2-the Chief Officer, Byadgi Town Municipal Council. The said respondent and the other respondents have failed to respond to the grievance of the residents of the Byadgi Town, it was submitted. 3.4 It was further submitted that the residents of Byadgi Town have Fundamental Right to Life under Article 21 of the Constitution to have a clean and healthy environment and have the public amenities including safe drinking water, durable and well-maintained roads and drainage facilities. It was submitted that it is an obligation on part of the authorities to provide such amenities. It was the grievance that despite several representations, there was inaction on part of the respondent- authorities to confer with the minimum requirements and the basic amenities to the people of Byadgi Town and to lay the road in proper manner. 3.5 The representation dated 03.01.2017 given by the residents of Byadgi Town in which, it is stated that road is completely damaged and large potholes are caused becoming hurdlesome to the traffic movement and also creating difficult situation for the school going children and college-bound students. It was stated that traders have lost hope for carrying out their trading and they have been suffering loss in their business. 4. Respondent No.2-the Chief Officer of the Byadgi Town Municipal Council filed its reply to state that the State National Highway No.136 has been passing through the Byadgi main road as per the notification dated 18.10.2004. It is stated that earlier Byadgi main road was dismantled by the respondents and that the sides of the road were digged during June, 2016. Denying the allegations of contaminated water, it is stated that respondent No.2 being a local authority has provided all civic amenities including drinking water, electricity, sewerage and drainage. 4.1 It was claimed that the petitioners are in the habit of making grievances so as to stall the widening of the Byadgi main road for one reason or the other. It was stated that respondent No.2 in the process of widening of the road, has taken steps to provide all civic amenities to the residents and necessary certificates are issued by the authorities concerned which fructify the said aspect.
It was stated that respondent No.2 in the process of widening of the road, has taken steps to provide all civic amenities to the residents and necessary certificates are issued by the authorities concerned which fructify the said aspect. 4.2 The Executive Engineer of the Public Works Department, Byadgi Sub-division filed his affidavit in which, it is stated that repair works of the selected bad patch road has been conducted completely between Gajendragad to Soraba State Highway from 237.10 Kms. to 237.45 Kms. in the Byadgi Town. The Government of Karnataka issued Gazette Notification dated 27.02.2020 requiring the lands for the purpose of widening of the road between Gajendragad to Soraba State Highway. It is further stated that once the process of acquisition is completed, necessary work for widening of the road and providing all necessary amenities will be undertaken. The photographs are produced to show that the road is already laid. 4.3 From the affidavit dated 08.03.2022, by the Assistant Executive Engineer, Public Works Department, Byadgi Sub-Division, the following status of the subject matter is available to be highlighted herein: (i) The State Government has decided to improve the existing State National Highway No.136, Gajendragadha to Soraba from 237.10 Kms. to 237.45 Kms. (Chainage) for an estimate cost of Rs.17 lakhs. (ii) The said State National Highway passes through Byadgi Town Limits of Haveri District approximately to the extent of 3.35 Kms. Out of that, the Executive Engineer, Public Works Department has taken up the work of 350 meters. The said work has been completed in all respects. (iii) 475 meters of road is already a concrete road out of 825 meters. The entire work undertaken by respondent No.4 has been completed and now it is in motorable good condition. (iv) In respect of 825 meters of stretch in Byadgi Town, road is having the width of 10 meters only and the State Government has issued Notification dated 14.07.2021 under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The State Government has proposed acquisition of few properties situated in Byadgi Town which are surrounded by proposed 4 Lane Road.
The State Government has proposed acquisition of few properties situated in Byadgi Town which are surrounded by proposed 4 Lane Road. (v) The validity of the acquisition of the properties in city survey number by few owners have filed writ petitions before the Hon'ble High Court of Karnataka, Dharwad Bench, vide Writ Petition No.147400 of 2020, Writ Petition No.147109 of 2020, Writ Petition No.147214 of 2020, Writ Petition No.102798 of 2021 and Writ Petition No.102805 of 2021. 5. There is no gainsaying that in the rest of the other areas, basic amenities such as drainage and sewerage have been already provided by respondent No.2. It was stated that as regards, State National Highway No.136 passing through Byadgi City, 50% of the stretch has been provided with asphalt road and the remaining stretch contains RCC road. It was given out that laying of asphalt of road was completed in respect of 825 meters except the existing concrete road as per the tender at the cost of Rs.17 lakhs. 5.1 It appears that main roads of Byadgi were asphalted roads as well as cement concrete roads of the length of 350 meters. The Town Municipal Council maintains temporary drainage system at the place Gajendragad to Sorab State National Highway No.136 in between 237.75 Kms. to 237.90 Kms. which is the main road of Byadgi, is showed to be widened. The Government has given approval and sanctioned the amount of Rs.1560 lakhs for land acquisition and for construction of four lane road as per the Government Order dated 18.09.2019. Further, the respondent-Public Works Department deposited Rs.8,74,82,000/- in the account of the Assistant Commissioner, Sub-division Haveri District on different dates. 5.2 What is materially stated is that the preliminary notification was issued on 16.05.2020 for the purpose of acquiring the lands for a stretch of State National Highway No.136 in between 237.075 Kms. to 237.90 Kms, however, the final notification was issued on 26.07.2021. 5.3 Writ Petition No.147109 of 2020, Writ Petition No.147214 of 2020, Writ Petition No.147400 of 2020, Writ Petition No.102798 of 2021 and Writ Petition No.102805 of 2021, have been filed challenging the preliminary notification dated 16.05.2020 and final notification dated 26.07.2021. It is stated that the High Court of Karnataka, Dharwad Bench, by the order dated 19.10.2022 allowed the said petitions and set aside the notifications on technical grounds.
It is stated that the High Court of Karnataka, Dharwad Bench, by the order dated 19.10.2022 allowed the said petitions and set aside the notifications on technical grounds. 5.4 It is stated that the Government has therefore, once again restarted the land acquisition proceedings for acquiring the land for State National Highway No.136, in that regard preliminary notification came to be issued on 27.02.2023 and that the hearing of objections were also completed. It is stated that Joint Composite Measurement will be processed and the authorities have taken a clear stand that after completion of present land acquisition proceedings, permanent drainage system will be provided by the Public Works Department of Byadgi Town and the same will be maintained by the Town Municipal Council, Byadgi Town. 6. In view of the above facts, it is clear that the work of laying the road could not be completed because at one juncture, the High Court of Karnataka, Dharwad Bench set aside the acquisition and the acquisition have been restarted. It is to be recorded that once the acquisition process is over, the road would be repaired and the civic amenities would be restored to its regularity. The officers of the respondents are obliged to work in the direction to provide the amenities once the road is laid. 6.1 Once the litigation ends, it is expected and directed that the authorities concerned would act swiftly to leave no room for the grievance that basic amenities including roads are made available to the residence of Byadgi Town. 6.2 It is expected that any litigation is pending in this regard shall be expeditiously proceeded with and shall be decided so that the Byadgi Town does not suffer for roads and related civic amenities. No further adjudication is necessary in this public interest litigation. 7. In view of what is observed, directed and stated above, the public interest petition is disposed of. In view of disposal of the petition, any interlocutory applications that may be pending would not survive and stand accordingly disposed of.