AIR 2009 KARNATAKA 174 ::2009 (5) AIR Kant HCR 95 ::2009 (5) AIR Kar R 95 ::(2009) ILR (Kant) 2529 ::2009 (4) ICC 566 ::2009 (4) KCCR 2944 ::(2009) 6 Kant LJ 453 ::(2009) 2 RentLR 402

Karnataka High Court

Hon'ble Judge(s): A. N. Venugopala Gowda , J

( A ) Karnataka Municipal Corporation Act (14 of 1977) S. 288 (4)(2) — Karnataka Public Premises (Eviction of Unauthorised Occupants) Act (32 of 1974), S. 2(c) — Removal of telephone booth put up on footpath — ‘Public Premises’ — Footpaths vested in Corporation is not a ‘public premises’ — Permission for temporary construction granted u/S. 288(2) of Municipal Corporation Act of 1976 — Corporation empowered u/S. 288(4) to direct removal of such temporary construction to serve convenience to general public — Provisions of Public Premises Act, (1974) not applicable to telephone booth or any temporary structure put up on footpaths — Applicants directed to remove telephone booth. ILR 1986 Kar 3679, Rel. on. (Paras1314)

( B ) Karnataka Municipal Corporation Act (14 of 1977) S. 288 (4)— Constitution of India, Art. 14 — Removal of telephone booth put up on footpath — Natural justice — Licence period granted to install a telephone booth on foot path expired and was not extended, also Corporation resolved not to extend licence for any footpath business — Appellant was notified of intended action of Corporation — Accounts to granting opportunity of hearing thereby complying with requirement of hearing — Removal of telephone booth cannot be said to be without recourse to law. (Paras131719)