BALAPPA BASAMANAPPA KOSJI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed by the petitioners in public interest praying for quashing of the impugned orders dated 28th Feb. 1983, 6th Feb. 1984 and 24/03/1988 produced as Annexure A, B and C respectively.

(2.) THE petition raises interesting questions of law governing local bodies vis-a-vis the State on the question whether the direction by the State to the local body to sell the open space/park was proper and legal and/or whether the same is contrary to the express provisions of law prevailing as on the date of action ? These questions fell in the sphere of both Administrative Law and Constitutional Law and they assume special significance in a modern welfare State which is bound by the directive principle enshrined in Art. 48a of the Constutition of India, inter alia, providing for protection of environment etc. But, these questions cannot be decided in the abstract. They are required to be considered and determined only against the background of facts as found in the writ petition.

(3.) THE facts necessary for the disposal of this petition, briefly stated, are as follows: