CHENNAPPA LANE SC/ST WELFARE ASSOCIATION Vs. THE COMMISSIONER, CORPORATION OF THE CITY OF BANGALORE AND OTHERS

JUDGEMENT

(1.) THIS writ petition is filed seeking a direction to the Respondents not to shift the slum situated in G. Chinnappa Lane Slum at Doddagunte, Cox Town, Bangalore. According to the Petitioner -Association, under Annexure -A dated 11.8.1995 action is being taken for shifting the aforesaid slum. The writ petition is mis -conceived. A perusal of the proceedings of the meeting conducted on 11.8.1995 in respect of the developmental works makes it clear that the subject relating to the aforesaid slum was not at all discussed in the meeting. The Petitioner -Association has misconstructed the said document. There was no cause of action for the Petitioner to file this writ petition. On this sole ground the writ petition has to be dismissed.

(2.) THE writ petition is liable to be dismissed for another reason. Petitioner - Association itself has produced the Gazette Notification at Annexure -B in which the slum in question has been declared as such under the Karnataka Slum Areas (Improvement and Clearance) Act, 1973. In view of this, the slum is governed by the provisions of the said Act and Respondents have no jurisdiction over it and they cannot shift the same to any other place. Thus, the writ petition is based on mere surmises and conjectures and it is liable to be dismissed.