K R Narayanan vs State Of Karnataka on 25 September, 2008

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IN THE HIGH COURT OF KARNATAKA

AT BANGALORE
Dated this the 253* day of September, 2008

mmm:
THE Hownm MR JUSTICE 1) V snvnnmiafig  A'

Writ Pemon No 157*o9 of2G{35 ic--M_;§_LUm %?V  'i  

BETWEEN

1

K R NARAYANAN
S/O. KR RAMAN
AGED ABOUT 75 YEARS

DOOR NO. 887, N,_<:;~...7'?::§  i  u

PYAREJAN

S/O. ABDULL1's*SAHE?3"'  -- If V
AGED AB0§;T'§§1'YEARs 3; ..

NEW NO} s'? ?}., ob' ?£§5'.'«.'?_'?5 

EQEBAL A.HMED'«   '
3/0. M..sHER1*FF  _ 
AGED ABOUT 5s--;_YE.ARs~~
Naav NO. 895, OLD NO. 754

" 'i::{'1_. i>£IT7{fA'i?'PAN
' V _Ac2sD..Az3c:L;1'--.5s YEARS
'- yaw' N'Q.._93;1~;' 01,13 NO. 723

"i§HAE€T'2%- J:'" A

S/'0. ' SHAFULLA
AGEQ "ABOUT 42 YEARS

AA 'NEW NO. 875, OLD NO. 732

V  P'{I;-IWAR

S/'0. SYED PASHA
AGED ABOUT 50 YEARS
NEW NO. 875, OLD NO. 775



10

USHA

W I O. ELUMALAI

AGED AEOUT 28 YEARS
NEW NO. 928, OLD NO. '?30

R RAJA

S/O. N RATNAM

AGED AEEOUT 50 YEARS   ._
NEW NO. 891, OLD NO. 1286 '

MUNNA
3/0. ANWAR BASI-IA

AGED ABOUT so YEARS  
NEW 190.1255, 013:) NO. 1186  ' _

BHARATI _ '. 5

3/0. NARAYANA  - --

AGED ABOUT 43 YEARS V V 
NEW NO.1270.,aOLD No;-V1.13? - _ 

ALL ARE 33:0. }2AQ:c{LID;t)A' SIJQIMS " 
J.F.NA(3E£R     

BA;$té$;:;oiéi3.i_, '7'}, PETITIONERS

 [By S15.  Sr Counsel for
 L' Sri GA Vishwanatha Raddy, Adv.]

_ "'s'I3A*:'E c5F>.}<ARN2{?i*}§KA
~ :3? yrs. %sa:c:'__To THE HOUSING AND

 . T.uRt;3A--ss_z o§:*JEi_oPMENT DEP1'

"1v1DH;a;%A__ SQUDHA

" .__I£3ANGAL(ZJj_i'1*E -01

TH~E"I{ARNATAKA SLUM
CELARANCE BOARD

 ' '"55, RiSALII)AR SPREET
=  SHESHADRIPURAM

BANGALORE -20
BY ITS MANAGING DIRECTOR/
CHAIRMAN



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3 BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST
SANKEY ROAD,
BANGALORE - 20
BY ITS COMMISSIONER

4 COMMISSIONER op' POLICE
BANGALORE cm'   ~-
INFANTRY ROAD '

BANGALORE-01  J. :    .

[By Sr}. N v Manjunafli;£g"£iCGi5'fo%*   
Sri G Vcdavyasachsig Adv for"R_-2';o .  1
Sm:  M D, A_dv},,_1for_._vR--3]  

THIS PETFFION IS zrI3....§_2:D Ur~i_Da§:2 ,A£2fr:§:L1?.s 226 AND 227 OF
THE CONSTITUTION oz? IND'IP.',' P¥€15s'{;NG L-To '-z~£oL;::: THAT THE
PETITIONERS ARE NOT LIABLE ._T'OB.¥+*3 UE~SP§.«A€3ED FROM THEIR
PRESENT REs:o1::N:.::=;s 1NAA"T2iE:."RAr,3}our:.oA VSLUM AREAS BY
ISSUING A WRIT 'M!§NDAML__!3..AND 

THIS PvETiTI_oN'*c;_oMi1§o__oré ORDERS THIS BAY, THE COURT
MADE THE FoLLo1$I11f:o;V   .

      E R

 petiiiio--I1o3T'$ _ are persons who claim to be

"xI_V'es:1'Vti=-f:;:V11.$Vi3,*1L a.,p!a.oe and locality where: no civic facilities or

defvc-:Iopmoé:1Vit"L:isfifisibie and characterized as a 'slum', who

 ' 'appeaf   rum1.m' g a battle not only with the second

   slum clearance board but also with the

 ___"i1e§g11oours in the area and whom/'e involved in other

 _ ' ".v1i.i:'igation before this court said to be finding before 8.



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provisions of the Karnataka Slum Areas (lmpmvefiient 83
Clearance) Act, 1973 {for short, the Act} ls
petitioners will be left; without any  
a writ in the nature of  T
respondent-boa1'd not to displace  [V
present residences and fllyther-.  that
notices are too prema{:lji*e'  elc., and for
quashing them.    V l V' D l

3. On isetie  '__1"lo:f'.':oe,_   have entered
appeam;n£:e~  oolmlself""'fiespondents I and 4 are
repzesefited by   learned govenunent

pleader, Sri  Ci'  \}*e_e1av$Iasachar, learned counsel is

  for seCo'I'1dV respondent and S1111: Mala M I) is

   third' respondent.

-V 4».   of objections have been filed on behalf of

x V' .1:he*sj:atVe, inter cilia, contending that steps are being taken

'   sojtably accommodate the petitioners, even if they are

u  be uprooted from the present Iocration.

%/



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5. In the statement of objections flied on behaif 
second respondent-board, while the history 
present writ petition is recapitulated,  it  i 
made of the earlier round of writ  
PIL petition, pending before a.£)iirisien_:V_lE3ezieh  if ,
and it is minted out that it is  ty*a1§e'of ciireetions
issued by the Division  facilities

to slum dweliers, steps. ..ha<;1  ponsiderabie
amount had   Mahanagera
Palike for"sVt1€cJ;1.V  attempts are being
made to"  after providing suitable

alternativeseeoi::a1i1oéi.:itioii..toV.t11em in the 18 acres of land

 Vallotte£_i'bysA.the  eg0V(:':I"I'1H1CI1t for such purpose in Sy N0

   near Electronic city and that

exeeiitioii --_  scheme is delayed due to certain

it  '  an assurance is held out in the statement sf

 '11' objections, that the notice now served an the petitioners

$/is



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are all as a consequence of proper exercise of the power
and procedure under the Act, which have been invokjedby
the second responderxt;-board; that the  
of comelying have merely, quesfioned the  "  
that they may as well join the 
No 44968-69 of 2004, pending _l')efoi*e_:V't'l2e oilrlslgll 
of this court etc., if they are  of   Vllelieli

7'. I have heard Srl   lealaggd senior
counsel appearing    Sri G
   for the second

   V Manjunath, learned

government eleecietj  for respondents :1 and 4.

V.  in  counsel for the respondent»board

seekel-to the action, learned counsel is unable to

 point xouxtfisstatutory provisions which can support: the

 V'   'demand notices.



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9. Though Sri Yoga Narasima, ieamed senior cotinsel
appearing for the petitioners has vehemently  
seeking various prayers sought for 'in the   d 
except for the prayer to issue a   
relief ea}: be wanted in writ V  
effect that the impugned  "  to

be quashed for the   testso11dent-
board, which has j.ssued the  been able to
support the    statutory
provisions      of absence of any
supponfivtg *o:osfs3ons;  facie, the demand

appears to    deserves to be quashed

__aI1d i"t_§j'iseA.n1ade ~ that it is open to the second

 to take such action as is permitted in

r

}.a§6'~.§Vi.i'3£3A i1'ii'fi;ended to Collect any charge from the

 V -s}um'uds7e1iers"'V'for providing them any better facilities or

  for that matter, it should be done only in

  with the statutory provisions and if otherwise

 '  " * juL1.stif'1able on any other principle of law and not to just

We



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make a demand and contend that the Board has power for

the same. The second respondent--board being 8. statutory

funetionary is expected to act only in terms at "the

statutory provisions and in accordance with  il*;{_)t~~.

to claim any inherent or independent poj_aze:*iu_:  

demands on the slum dwellers whq 

able to meet such demands.  -

:0. In the circumst3t}ces,'..t"'1"u§1e  V"is.-';..'.5t1e<A':lé  made
absolute. Writ petitieii is  the impugled
demandVvnotieeeieatV':}%ti1ne*x§11"e~C'_"to  to the writ petition
are  by'   Certiorari.

 .....  

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