The Jeevan Vivek Prathisthan had approached the local court against the illegal road widening being done at Ramling Khind Galli and other parts of the city.
The court in its interim order has categorically said to maintain as is situation and no more demolition should be done until the next hearing date of August 20.
17 occupants had approached the local court here in Belagavi in which they also stated that no notices were given, nor any form of compensation was given before the demolition was done. As this is a case of public interest the stay is applicable to each one. Occupants of Ramling Khind and Ramdev Galli did get a letter but not sent under any section or act to remove the encroachments as it was not in the projected line of the road as per the CDP. The Occupants of Ramdev Galli have got a stay on the same as well and court said, the matter is already being heard by the court and stay would continue untill further orders.
The court made certain points as to did the Corporation issue legal notices under the act? Was compensation paid ?
Since the past couple of months the city corporation is on a demolition drive in the name of road widening in Raviwar Peth, mensi Galli, Kalmath Road, Ramling Khind Galli, Ramdev Galli. But no where the corporation issued any legal notices as per law nor did it pay any kind of compensation. Everywhere the corporation made a point that the road is being done as per the CDP and hence anything on that road is encroachment and illegal if it falls under the said width of the road as in CDP.
Many occupants have approached the High court and got a stay on the dispossession on the same lines that no compensation has been paid and the widening is not as per procedure of law.
Even after such stay the Corporation had sent notices to all occupants who had specifically taken stay to appear before the Commissioner of the Corporation and submit various documents.
Again this is a blatant violation of the law, as the said notice was not issued under any section or act. It is true that the Karnataka Municipal Corporation act gives the Commissioner the powers to inspect documents as and when he wishes but selective inspection of only those who got a stay is not correct.
The High Court Of Karnataka at Bangalore Dated 27th February, 2013 Before The Hon’ble Mr.Justice S.Abdul Nazeer Writ Petition Nos.22541-550 Of 2012 (GM-RES) 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.”