Karnataka High Court
The Executive Engineer vs Iti Limited on 23 November, 2024
Author: S.G.Pandit
Bench: S.G.Pandit
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NC: 2024:KHC:47820-DB
WA No. 600 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
WRIT APPEAL NO. 600 OF 2023 (LB-BMP)
BETWEEN:
1. THE EXECUTIVE ENGINEER
STORM WATER DRAIN DIVISION
MAHADEVAPURA ZONE,
BRUHAT BENGALURU
MAHANAGARA PALIKE
HAVING OFFICE AT
9TH FLOOR JAYANAGAR
SHOPPING COMPLEX, 4TH BLOCK JAYANAGAR,
BENGALURU -560 011.
2. THE JOINT COMMISSIONER,
MAHADEVAPURA ZONE,
BRUHAT BENGALURU
MAHANAGARA PALIKE
Digitally signed WHITEFIELD, MAIN ROAD,
by
MARIGANGAIAH MADADEVAPURA, BENGALURU -560 048.
PREMAKUMARI ...APPELLANTS
Location: HIGH (BY SRI. JAGADEESWARA N. R., ADV.)
COURT OF
KARNATAKA AND:
ITI LIMITED
A GOVERNMENT OF INDIA
UNDERTAKING, HAVING ITS
OFFICE AT ITI BHAVAN,
DOORVANINAGA
BENGALURU -560016
REPRESENTED BY
PRASANNA M., AGM HR
...RESPONDENT
(BY SRI. TAMOGHNA MANISH, ADV.)
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NC: 2024:KHC:47820-DB
WA No. 600 of 2023
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO I) SET ASIDE THE
ORDER DATED 20/04/2023 PASSED BY THE LEARNED SINGLE JUDGE
IN WP NO.5432/2023 (ANNEXURE-A) AND II) PASS SUCH OTHER
APPROPRIATE ORDER OR ORDERS.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT
AND
HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
Heard the learned counsel Sri.N.R.Jagadeeswara for
appellants and learned counsel Sri.Tamoghna Manish for
respondent. Perused the writ appeal papers.
2. This writ appeal is directed against the interim
order dated 20.04.2023 in W.P.No.5432/2023 wherein the
learned Single Judge directed the appellants to remove the
construction at its cost and put back the property in the
same position as it was as on 03.03.2023 on or before
10.06.2023 and report compliance thereto.
3. Today, joint memo by appellants and
respondent is filed, signed by the Joint Commissioner,
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Mahdevapura Division, BBMP and Executive Engineer,
BBMP, Mahdevapura Division and also by respondent Unit
Head, Bangalore Plant, ITI Limited, Bengaluru. Joint memo
reads as follows:
"The appellants and the respondent
respectfully submit as follows:
1. The appellants had utilized the
property of the respondent measuring 1594.28
sq meters for the formation of the storm water
drain. The appellant has agreed to pay a sum of
rupees 13,87,34,234/- (Thirteen Crores
eighty seven lakhs thirty four thousand two
hundred and thirty four only) towards
compensation, solatium, and interest to the
respondent, within 30 days from the date of
filing of this joint memo.
2. The appellants have also agreed to
construct a compound wall at their own
expense adjacent to the drain, as per the
proposal of the respondent. The span of the
wall 250 meters in length and have a height of
up to 3 meters (10 feet) from the ground level,
for protection. This construction is to be
completed on or before end of June 2025. The
NC: 2024:KHC:47820-DB
respondent undertakes to withdraw the petition
in W.P.No.5432 of 2023.
In view of the aforementioned terms, the
present appeal may kindly be disposed of as
per terms of this joint memo, in the ends of
justice and equity."
4. In view of the joint memo, writ appeal would no
more survive for consideration and accordingly, writ
appeal stands disposed of.
5. We appreciate the learned counsel appearing
for the parties for their effort in bringing about settlement
between the parties.
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(RAMACHANDRA D. HUDDAR)
JUDGE
NC
CT:bms
