Widening of road after acquisition – High Court Bangalore Order in 2013
The city of Belagavi is currently undergoing a sea change with the road widening but each of the citizens have not been offered any form of compensation and many have taken a stay on the same pretext of not being given compensation.
The High Court Of Karnataka at Bangalore Dated 27th February, 2013 Before The Hon’ble Mr.Justice S Abdul Nazeer and others writ petition nos.22541-550 of 2012 (gm-res) – Sundarapalya Village and post, Bangarpet taluk , Kolar District made an order which states that –
“In the event the Municipality intend s acquiring the land belonging to these petitioners or others for widening the road, in order to bring it in conformity with the width of the road as mentioned in the CDP they shall issue notice to the petitioners and purchase/acquire the land belonging to them and only on such acquisition they shall widen the road.”
The court makes mentions of sections 175, 179 and 181 of KARNATAKA MUNICIPALITIES ACT, 1964. In case of Belagavi the same can be interpreted under Section 267, 271 & 273 of the KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976.
If the respondents are intending to demolish the projections and buildings beyond the regular line of the public street the same shall be done after complying with the mandatory requirements of Sections 179 and 181.(271,273 of the MUNICIPAL CORPORATIONS ACT, 1976.)
The order further says – In case the petitioners complain that already portion of the buildings have been demolished, liberty is reserved to those petitioners to approach competent civil court claiming damages on proof of the demolition being conducted by the municipality in the light of the fact that the respondents stoutly deny any such demolition.
In the demolished portion as contended by the petitioners if any further action is taken by way of laying drainage, laying pipes, the same shall be done only after notice to the petitioners and compliance of the above directions.
Sec 273 MUNICIPAL CORPORATIONS ACT, 1976. of the states – Setting back projecting building or wall.- (1) When any building or part thereof abutting on a public street is within a street alignment defined under section 271 the Commissioner may, whenever it is proposed,- (a) to rebuild such building or take it down to an extent exceeding one-half thereof above the ground level such half to be measured in cubic meter; or (b) to remove, reconstruct or make any addition to any portion of such building which is within the street alignment, in the order which he issues concerning the re-building, alteration or repair of such building require such building to be set back to the street alignment.
(2) When any building or any part thereof within the street alignment falls down or is burnt down or is, whether by order of the Commissioner or otherwise, taken down, the Commissioner may forthwith take possession on behalf of the corporation of the portion of land within the street alignment thereof occupied by the said building and, if necessary, clear it.
(3) Land acquired under this section shall be deemed a part of the public street and shall vest in the corporation.
(4) When any building is set back in pursuance of any requisition made under sub-section
(1), or when the Commissioner takes possession of any land under sub-section
(2), the corporation shall forthwith make full compensation to the owner for any direct damage which he may sustain thereby.
Explanation.- The expression, “direct damage” as used in sub-section (4) with reference to land means, the market value of the land taken and the depreciation, if any, in the ordinary market value of the rest of the land resulting from the area being reduced in size; but does not include damage due to the prospective loss of any particular use to which the owner may allege that he intended to put the land, although such use may be injuriously affected by the reduction of site