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Judgment
N.Nagaresh, J
The petitioner is before this Court aggrieved by the alleged physical obstruction caused by the 4th respondent in respect of the work of construction and maintenance, which the petitioner intends to carry out.
The pleadings would show that consequent to National Highway widening proposal, front portion of the commercial building having ground plus two Floors owned by the petitioner, had to be demolished partially. The petitioner states that she wants to repair and maintain the remaining part of the building in a stable condition. The 4th respondent is a tenant of the petitioner, who has been leased out two Shop Rooms on the First Floor. The tenant is not permitting the petitioner to carry out the repair/maintenance work.
The 4th respondent entered appearance and resisted the writ petition. The 4th respondent denied all the material allegations made by the petitioner in the writ petition. It is submitted that under the new Land Acquisition Act, a tenant is entitled to compensation if land/building is acquired for road widening. The intention of the petitioner is to oust the 4th respondent illegally and deny what is legally due to the 4th respondent.
Counsel for the petitioner, on the other hand, submits that the petitioner has no intention to illegally oust the 4th respondent. If the 4th respondent is to be evicted, the petitioner will follow the due process of law. The petitioner does not even intend to make any construction or repairs in the two Shop Rooms possessed by the 4th respondent.
Taking into consideration the afore facts and circumstances of the case, I am of the view that the petitioner should be granted sufficient police protection for carrying out the repair/maintenance work of her building.
The writ petition is therefore disposed of directing the 3rd respondent-Station House Officer to extend necessary protection to the petitioner to carry out repair/maintenance work of her commercial building, on condition that the petitioner shall not in any manner alter the structure of the two Shop Rooms leased out to the 4th respondent.