M.M. BASAVANA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed under Articles 226 and 227 of the Constitution of India requesting the Court to direct the Davangere Urban Development Authority to obey and abide by the order passed by the Government on 17.1.2000, (Annexure -'A') whereby the layout was approved by Government and also direct the Davangere Urban Development Authority not to take any action for calling and allotment of sites and other works, as the same is contrary to the Government order and approved plan.

(2.) HEARD the arguments of learned counsel appearing for the petitioner and also the learned counsel appearing for the respondents.

(3.) PER -contra, it is the contention of the learned counsel for the respondent No. 3 that subsequently the authorities have submitted modified plan after taking opinion of technical experts and the Government has approved the same and it is as per the approval given on 17.10.2000 by the Director of Urban Development, Bangalore dated 17.1.2000. It is also contended that 10% of the total layout is reserved for SC/ST and weaker sections of the society and 10% is also reserved for land bank for Ambedkar Yojna. The allotment has been already made to some of the allottees and allottees are already put into possession and they have made constructions over the respective areas allotted to them. Now the work of formation of road is in progress and major portion of the road has also been already laid. Hence, the petition was prayed to be rejected.