VENKATAMMA Vs. CITY IMPROVEMENT OF TRUST BOARD MYSORE

JUDGEMENT

(1.) These two appeals are filed against the judgment of the Mysore High Court dismissing the writ petitions of the appellants, Smt. Venkatamma and certain other persons are the appellants in Civil Appeal No. 1488 of 1968. U. L. Vishwanatha Rao and certain other persons are the appellants in Civil Appeal No. 1489 of 1968.

(2.) The dispute in the appeals relates to the acquisition of certain premises belonging to the appellants. Those premises have been acquired by the Board of Trustees for the improvement of the City of Mysore constituted under the City of Mysore Improvement Act, 1903, (hereinafter referred to as the Act). Pursuant to the acquisition, awards determining compensation were given in due course. The appellants filed writ petitions challenging the legality of the acquisition and awards and prayed for the quashing of the notification acquiring the premises and the awards. The High Court dismissed in toto the writ petition of Smt. Venkatamma and others. The writ petition of U. L. Vishwanatha Rao and others was partly allowed in respect of certain premises.

(3.) Section 14 (1) of the Act enables the Board of Trustees (hereinafter called the Board) to draw up schemes called as the "improvement schemes" for the improvement or expansion or both of the areas to which the Act applies. It also enables the Board to undertake "any work" and incur any expenditure for the improvement or development of any such area and for the framing and execution of such improvement schemes as may be necessary from time to time. Section 15 (1) provides that every improvement scheme under Section 14 shall provide for the acquisition of any land which will, in the opinion of the Board, be necessary for or affected by the execution of the scheme. Section 15 (1) (b) provides that the scheme shall make provisions for "the construction and reconstruction of buildings and the formation and alteration of streets." Section 15 (2) (d) enacts that the scheme may provide for "the establishment or construction of markets." Section 16 (1) requires the Board to publish a notification concerning the scheme in the Gazette. There is provision for the filing of objections to the scheme by the persons affected thereby. Section 17 provides for the hearing of those objections by the Board. After the objections have been disposed of, the Board shall apply to the Government for the approval of the scheme. After approval has been granted it shall be notified in the Gazette.