High CourtsSingle Bench(2012) 11 KAR CK 0072

P.K. Sudeendra Rao and Others vs The assistant commissioner Sakaleshpura sub division Sakaleshpura Hassan district, The President City Muncipal Council and The State of Karnataka

Karnataka High Court · Decided on 16 November 2012

HON’BLE JUDGES
Mohan Shantanagoudar, J
RESULT
Dismissed
CASE NUMBER
Review Petition No''s. 1133-1149 of 2012 in Writ Petition No''s. 24634-24646 of 2012 (GM-RES) C/W Writ Petition No''s. 27360-27363 of 2012 (GM-RES)

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Judgment

6 paragraphs · 306 words

Mohan Shantanagoudar

1.

Heard Sri Padmanabha Mahalay, learned senior counsel appearing for the review petitioners'' counsel. Though the order dated 6.9.2012 passed in WP. Nos. 24634-646/2012 c/w.27360-27363/2012 is sought to be reviewed by filing these review petitions, Sri Mahalay submits that the review petitions may be treated as having been filed, only for extension of time to vacate the premises.

2.

In the order dated 6.9.2012, this Court has taken note of the situation that the National Highway which passes through Sakleshpura needs to be widened in order to smoothen the traffic. The Central Government has taken the decision to widen the National Highways in India up to 60 mtrs. i.e., 200 feet. Under given circumstances the Central Government may choose to reduce the width.

Be that as it may, the State feels that the road needs to be widened for smoothening of traffic. However, petitioners are stated to be petty shop owners who are in possession of the shops abutting the National Highway. This Court while disposing of WP. Nos. 24634-24646/2012 and connected matters, has directed that the displaced shop owners shall be accommodated in the new market complex to be constructed. However, the petitioners'' counsel submits that the construction of new building is yet to start. Merely because the new building to be constructed, is not likely to be completed within a short period, the road cannot be allowed to remain as a small passage. The National Highway needs to be widened in the interest of public at large.

Having regard to the totality of the facts and circumstances of the case, this Court proposes to extend the time to vacate the premises up to three months from today. It is made clear that the time will not be extended any further under any circumstances.

With the aforesaid observations, the review petitions are dismissed.