CENTRAL RELIEF COMMITTEE Vs. DEPUTY COMMISSIONER, BENGALURU DIST

JUDGEMENT

(1.) The Petitioner/Central Relief Committee constituted under the Karnataka Prohibition of Beggary Act, 1975 (hereinafter referred to as 'the Act' for short) is calling in question an order dtd. 22/9/2017 passed by the 1st respondent declaring a particular area as a slum. The preliminary notification so issued on 20/10/2014 is also called in question.

(2.) The facts adumbrated are as follows:-

(3.) Later, Rastrothan Sankalp filed a Public Interest Petition in W.P.No.9965 of 2011 against the State Government and Beggars Rehabilitation Centre for effective implementation of the provisions of the Act. The PIL comes to be disposed of observing that the land that is granted should be put to the same purpose and not to any other purpose. When things stood thus, it appears that need to develop or rehabilitate slum dwellers in the said area comes about. A preliminary notification is issued by the Karnataka Slum Development Board ('the Board' for Short) to develop one Devaraj Urs Colony where there were several slum dwellers and rehabilitate them by constructing houses. For the said purpose 27 guntas of land in Sajjepalya village was sought to be acquired by issue of a preliminary notification exercising its power under Sec. 3 of the Karnataka Slum Areas (Development) Act, 1973 (hereinafter referred to as 'the 1973 Act' for short). After issuance of preliminary notification an order is passed on 22/9/2017 declaring 27 guntas of land in which the petitioner claims to be in possession to be a slum. It is this that has driven the Central Relief Committee constituted under the Act, to knock at the doors of this Court calling the said action in question.