WA No.100550 of 2015 & WA Nos.100061-100100 of 2016

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

DATED THIS THE 16TH DAY OF JUNE 2016

PRESENT

THE HON'BLE MR. JUSTICE H.G.RAMESH

AND

THE HON'BLE MRS. JUSTICE RATHNAKALA

WRIT APPEAL No.100550 OF 2015 AND WRIT APPEAL Nos.100061-100100 OF2016(LB-RES)

BETWEEN

• 1. SHIVRAJ S. PATIL, AGE:40 YEARS, OCC: BUSINESS, R/O: KAPILESHWAR ROAD, BELAGAVI-590 001.
• 2. VIJAY S/O DATTATRAYA CHOUGULE, AGE:45 YEARS, OCC: BUSINESS, R/O: CTS.NO.149, BHANDUR GALLI CORNER, KAPILESHWAR ROAD, BELAGAVI-590 001.
• 3. ANANT S/O SHANKAR MUTKEKAR, AGE:47 YEARS, OCC: BUSINESS, R/O: CTS.NO.167/1A, KAPILESHWAR ROAD, BELAGAVI-590 001.
• 4. ABHINANDAN S/O VASANT PARAMAJ, AGE:51 YEARS, OCC: BUSINESS, R/O: CTS.NO.30 & 39, KAPILESHWAR ROAD, BELAGAVI-590 001.
• 5. NITIN S/O MANOHAR KHATAVKAR, AGE:39 YEARS, OCC: BUSINESS, R/O: CTS.NO.40, KAPILESHWAR ROAD,

BELAGAVI-590 001.

• 6. MAHADEV S/O MARUTI DONGRE, AGE:34 YEARS, OCC: BUSINESS, R/O: CTS.NO.42/A, KAPILESHWAR ROAD, BELAGAVI-590 001.
• 7. RAMESH S/O RAJARAM KAKADE, AGE:64 YEARS, OCC: PVT. SERVICE, R/O: CTS.NO.18, KAPILESHWAR ROAD, BELAGAVI-590 001.
• 8. MAHADEV S/O PUNDALIK BHAGOJI, AGE:52 YEARS, OCC: BUSINESS, R/O: CTS.NO.41,KAPILESHWAR ROAD, BELAGAVI-590 001.
• 9. SHRIPAL S/O PUKHRAJ PORWAL, AGE:46 YEARS, OCC: BUSINESS, R/O: CTS.NO.221/D, SHOP NO.4, SHANI KRUPA COMPLEX, KAPILESHWAR ROAD, BELAGAVI-590 001.
• 10. PANDURANG S/O NARAYAN BHOGULKAR, AGE:42 YEARS, OCC: BUSINESS, R/O: SHOP NO.4, CTS NO.71/C3 BHANDUR GALLI CORNER, KAPILESHWAR ROAD, BELAGAVI-590 001.
• 11. PRASHANT S/O PRAKASH SONAR, AGE:35 YEARS, OCC: BUSINESS, R/O: CTS.NO.20/A1,KAPILESHWAR ROAD, BELAGAVI-590 001.
• 12. VIJAY S/O RAMESH PAWASKAR, AGE:44 YEARS, OCC: BUSINESS, R/O: CTS.NO.18,KAPILESHWAR ROAD, BELAGAVI-590 001.
• 13. SANJAY S/O RAMESH PAWASKAR, AGE:49 YEARS, OCC: BUSINESS, R/O: CTS.NO.18,KAPILESHWAR ROAD,

BELAGAVI-590 001.

• 14. ASHWINI D/O CHANDRAKANT KAKADE, AGE:35 YEARS, OCC:HOUSEHOLD WORK, R/O: CTS.NO.17/B,KAPILESHWAR ROAD, BELAGAVI-590 001.
• 15. AJAY S/O MANOHAR PATIL, AGE:48 YEARS, OCC:BUSINESS, R/O: CTS.NO.37/1,KAPILESHWAR ROAD, BELAGAVI-590 001.
• 16. SUHAS S/O BALKRISHNA CHOUGULE, AGE:51 YEARS, OCC:BUSINESS, R/O:SHOP NO.5, CTS.NO.71/C3, BHANDUR GALLI CORNER, KAPILESHWAR ROAD, BELAGAVI-590 001.
• 17. ASHOK S/O CHINTAMANI JADHAV, AGE:55 YEARS, OCC:PVT. SERVICE R/O: CTS.NO.28/A,KAPILESHWAR ROAD, BELAGAVI-590 001.
• 18. AMIT S/O AJIT PAWASKAR, AGE:34 YEARS, OCC:BUSINESS, R/O: CTS.NO.228/A,KAPILESHWAR ROAD, BELAGAVI-590 001.
• 19. KRISHNA S/O NARAYAN PATIL, AGE:62 YEARS, OCC:BUSINESS, R/O: SHOP NO. 2 & 3,CTS NO. 71/A, BHANDUR GALLI CORNER, KAPILESHWAR ROAD,BELAGAVI-590 001.
• 20. RAJU S/O TUKARAM PATIL, AGE:54 YEARS, OCC:BUSINESS, R/O: CTS NO. 37/2,KAPILESHWAR ROAD, BELAGAVI-590 001.
• 21. ASHOK S/O GOVIND DESHPANDE, AGE:65 YEARS, OCC:RETIRED, R/O: CTS NO. 11/2,KAPILESHWAR ROAD,

BELAGAVI-590 001.

• 22. DR. AJIT S/O DATTATRAYA KULKARNI, AGE: 64 YEARS, OCC:DOCTOR, R/O: CTS. NO. 33/9,KAPILESHWAR ROAD, BELAGAVI-590 001.
• 23. REKHA W/O ARVIND NESARI, AGE: 48 YEARS, OCC:HOUSEHOLD WORK,R/O: CTS. NO. 12, KAPILESHWAR ROAD,BELAGAVI-590 001.
• 24. BHAGWAN S/O ARJUNSA WALVEKAR, AGE: 53 YEARS, OCC:BUSINESS R/O: CTS. NO. 34 & 35, KAPILESHWAR ROAD,BELAGAVI-590 001.
• 25. PRABHAWATI W/O MAHADEV BHOSALE, AGE: 72 YEARS, OCC:HOUSEHOLD WORK, R/O: CTS. NO. 64/A, B & C,TANGADI GALLI, KAPILESHWAR ROAD,BELAGAVI-590 001.
• 26. VISHWANATH S/O GANGADHAR MUNENMATH, AGE: 62 YEARS, OCC:RETIRED, R/O: CTS. NO. 71, BHANDUR GALLI CORNER, KAPILESHWAR ROAD,BELAGAVI-590 001.
• 27. NITIN S/O JAYARAM HALGEKAR, AGE: 38 YEARS, OCC:BUSINESS, R/O: CTS. NO. 30/1,KAPILESHWAR ROAD, BELAGAVI-590 001.
• 28. VARSHA W/O RAMCHANDRA CHOUGULE, AGE: 62 YEARS, OCC:HOUSEHOLD WORK, R/O: CTS. NO. 222/1B,KAPILESHWAR ROAD, BELAGAVI-590 001.
• 29. BABURAO S/O ISHWARAPPA PATTANSHETTI, AGE: 83 YEARS, OCC:BUSINESS, R/O: SHOP NO.1, CTS. NO. 221/A,B,C & D, SHANTI KRUPA COMPLEX,KAPILESHWAR ROAD, BELAGAVI-590 001.

WA No.100550 of 2015 & WA Nos.100061-100100 of 2016

• 30. CHANABASAPPA S/O ISHWARAPPA DUGANI, AGE:68 YEARS, OCC:BUSINESS, R/O: SHOP NO. 2 & 3,CTS NO. 221/A,B,C & D, SHANI KRUPA COMPLEX,KAPILESHWAR ROAD, BELAGAVI-590 001.
• 31. JANARDHAN S/O. SHANKAR DESHPANDE AGE:55 YEARS, OCC:BUSINESS, R/O: CTS NO. 14/1,KAPILESHWAR ROAD, BELAGAVI-590 001.
• 32. MAHADEV S/O NINGAPPA TIKEKAR, AGE:74 YEARS, OCC:RETIRED, R/O: CTS NO. 33/3B,CROSS NO.2, KAPILESHWAR ROAD,BELAGAVI-590 001.
• 33. JINENDRA S/O RAJENDRA PATIL, AGE:38 YEARS, OCC:PVT. SERVICE, R/O: CTS NO. 33/4, KAPILESHWAR ROAD, BELAGAVI-590 001.
• 34. VITTAL S/O. NARASINGH KADAM, AGE:74 YEARS, OCC:BUSINESS, R/O. CTS.NO.228/A, KAPILESHWAR ROAD, BELAGAVI-590 001.
• 35. SHIVAJI S/O BALU PATIL, AGE: 63 YEARS, OCC:BUSINESS, R/O: CTS NO. 221/1 A,B,C & D, SHOP NO.5, SHANI KRUPA COMPLEX, KAPILESHWAR ROAD, BELAGAVI-590 001.
• 36. MEGHA W/O MARUTI DESHWAL, AGE:33 YEARS, OCC:BUSINESS, R/O: CTS NO. 221/1 A,B,C & D, SHOP NO. 6, SHANI KRUPA COMPLEX, KAPILESHWAR ROAD, BELAGAVI-590 001.
• 37. SUVARNA W/O NAGKUMAR THABAS AGE:48 YEARS, OCC:HOUSEHOLD WORK, R/O: CTS NO. 12, KAPILESHWAR ROAD, BELAGAVI-590 001.

WA No.100550 of 2015 & WA Nos.100061-100100 of 2016

• 38. LALITA W/O RAMCHANDRA MUTGEKAR, AGE:62 YEARS, OCC:HOUSEHOLD WORK, R/O: CTS NO. 178,TAHASILDAR GALLI CORNER, KAPILESHWAR ROAD,BELAGAVI
• 39. PRABHAKAR S/O ANNASAHEB PATIL, AGE:74 YEARS, OCC:RETIRED, R/O: CTS NO. 223/1A, KAPILESHWAR ROAD, BELAGAVI-590 001.
• 40. LAXMIBAI W/O PARASHRAM CHOLEKAR, AGE:82 YEARS, OCC:LAND LADY, R/O: CTS NO. 4488,CHOLEKAR BUILDING, S.P.M. ROAD, BELAGAVI-590 001.
• 41. LAXMIKANT S/O ANANTRAO CHOLEKAR, AGE:51 YEARS, OCC:BUSINESS, R/O: CTS NO. 4486,CHOLEKAR BUILDING, S.P.M. ROAD, BELAGAVI-590 001.

... APPELLANTS

(By Sri D RAVIKUMAR GOKAKAKAR, ADV.)

AND

• 1. THE CHIEF EXECUTIVE ENGINEER, SOUTH WESTERN RAILWAY DEPARTMENT, CLUB ROAD, KESHWAPUR, HEAD QUARTERS, HUBBALLI-23.
• 2. THE DEPUTY COMMISSIONER, NEAR DISTRICT COURT, D C COMPOUND, BELAGAVI
• 3. THE STATE OF KARNATAKA R/BY THE SECRETARY, URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, BENGALURU.
• 4. THE CHAIRMAN, TOWN & COUNTRY PLANNING AUTHORITY, ASHOK NAGAR,BELAGAVI
• 5. THE COMMISSIONER BELGAUM URBAN DEVELOPMENT AUTHORITY,

(BUDA) ASHOK NAGAR, BELAGAVI

6. THE HON'BLE COMMISSIONER, THE CITY CORPORATION OF BELAGAVI, SUBHASH NAGAR, BELAGAVI.

... RESPONDENTS

THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 15.07.2015 IN WRIT PETITION NO.104786-4831 OF 2015 ON I.A.NO.1/2015 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT.

THESE WRIT APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, H.G. RAMESH J., DELIVERED THE FOLLOWING:

JUDGMENT

H.G.RAMESH, J. (Oral):

1. These writ appeals are directed against an interim order dated 15.07.2015 passed by a learned Single Judge of this Court in Writ Petition Nos.104786-104831/2015.

2. Production of English translation of the Annexures referred to in I.A.No.1/2016 is dispensed with. I.A.No.1/2016 is allowed accordingly.

3. We have heard learned counsel appearing for the appellants and perused the impugned order. By the impugned order, the learned Single Judge has rejected I.A. No.1/2015 filed in the aforesaid writ petitions. Prayer in I.A. No.1/2015 was for a direction to respondent No.4(respondent No.1 herein) not to construct railway over-bridge on Kapileshwar mandir road at Level Crossing No.385 as shown in the Master Plan 2021(Revision II) pending disposal of the writ petitions.

4. The learned Single Judge, on a detailed consideration of the matter, rejected the application with the following reasoning:

"5. The Comprehensive Development Plan has been notified in the year 1994. It was due for revision after ten years. A notification was issued for revision of the master plan as per the Gazette Notification dated 01-07- 2007 calling for objections from the public for revised master plan. The Planning Authority received 84 objections to the said revised master plan. After considering the objections, the authority recommended the State Government for issue of revised master plan. Though the petitioners are aware of the revised master plan, none of them have filed objections to the revised master plan. The State Government after considering the matter in detail approved the revised master plan on 15-2-2014. Hence, it is not open to the petitioners to contend that no opportunity has been given to them and the revised master plan is not in accordance with law. Hence, without examining the master plan, the interim order of stay of the master plan cannot be granted at this stage. Further, in order to ease the movement of traffic and also to avoid blocking on the railway level crossing, the State Government as well as the Railways had taken conscious decision to establish the railway over-bridge at Kapileshwar Mandir road, which is in the interest of public. Construction of the railway over-bridge will cause some inconvenience for some period to the business people and it cannot be a ground to stop the construction, on the other hand, it will be helpful for lakhs of passengers travelling in the Train. Though the construction of railway over-bridge cause inconvenience for some of the business people, it cannot be termed as being constructed contrary to the master plan and it would come in the way of people of Belgaum City. Majority of the people of Belgaum City are welcoming the construction of railway bridge, only few people are objecting for the same. Hence, at this point of time, I find that no interim order can be granted for stalling the construction of the railway over-bridge.

6. No ground is made out to stay the construction of the railway over-bridge. Accordingly, I.A.No.1/2015 is rejected."

(underlining supplied)

5. On the facts of the case, we find no error in the discretion exercised by the learned Single Judge in rejecting I.A. No.1/2015. No ground warranting interference. The writ appeals are accordingly dismissed. However, the order impugned herein will not come in the way of the appellants to make other interim prayers in the writ petitions.

Appeals dismissed.

Sd/- JUDGE

Sd/- JUDGE

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