SUBBANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this petition has been moved under article 226 of the Constitution of India by the petitioner, who claims to be the president of Bangalore north taluk public grievances committee, doddabommasandra, jalahalli, Bangalore-13. According to him, it is a social welfare association of citizens of that taluk functioning with the avowed object of redressing the hardships and catering to the welfare of the residents therein. He is also a permanent resident of the taluk. Many of the members of the association, besides a large number of members of the public of the taluk are owners of small areas of lands in villages within the taluk. These areas were for the first time brought under the jurisdiction of the town planning authority, Bangalore city, which is also Bangalore development authority, respondent 2 in the petition. Though the areas were included in the jurisdiction of the Bangalore development authority, in April 1984 a comprehensive development plan, which according to the petitioner, had no application to the said area was published in october, 1984 and is being enforced. Under the said plan, a large extent of land comprising of many villages surrounding the metropolitan area of Bangalore is declared as 'green belt' severely restricting their use and confining the same to agriculture. This has brought the petitioner to this court in the present proceedings.

(2.) the main prayers in the petition are:(a) for issue of appropriate writ, order quashing the proceedings of the respondents, namely the State of Karnataka and the Bangalore development authority, commencing from the issue of notification by the state government hud 496 ttp 83, dated 13-3-1984, Annexure-B to the petition; (b) for quashing the notification dated 6-4-1984 issued by he first respondent-state under Section 4-a(3) of the Karnataka town and country planning Act, 1961, hereinafter referred to as the 'planning act', amalgamating the local planning area of Bangalore declared in notification dated 1st november, 1965 and local planning area declared for the environs of Bangalore in the notification of 13-3-1984 and calling such amalgamated local planning area as Bangalore city planning area with effect from 1-4-1984; (c) for quashing the comprehensive development plan for the entire area as per notification dated 12-10-1984 and published in the Karnataka gazette on 18-10-1984. Annexure-D to the petition. In the alternative, it is prayed that the respondents be restrained from enforcing the comprehensive development plan Annexure-D insofar as it is made applicable to the local planning area set-out in the notification No. Hud 496 ttp 83, dated 13-3-1984 Annexure-B to the petition.

(3.) in order to appreciate the grievance of the petitioner centering-round the impugned notifications, it is necessary to have a glimpse at the relevant back-ground facts. Backdrop of facts and events: in the year 1952, the then Bangalore development committee as a matter of urgent necessity recommended the operation of a master plan for the metropolitan region of city of Bangalore with a view to plan development and growth of Bangalore city. On 14-11-1961 the Bangalore metropolitan planning board was constituted. The planning act came into force from 15-1-1965 by a notification dated 31-12-1964 issued by the first respondent, state, in exercise of its powers under Section 1(3) of the planning act. On 1-11-1965 the first respondent-state government, in exercise of its powers under Section 4-a(l) of the planning Act, constituted the Bangalore city planning area comprising of city of Bangalore and other areas indicated therein. That became the local planning area for the Bangalore city and surrounding areas as contemplated by the planning act. From 1-6-1967 the first respondent by notification dated 25-5-1967 determined the present land use of the lands comprised in the said planning area. On 8-8-1967 the first respondent-sate constituted a planning authority for the said planning area under Section 4-c of the planning act. As per Section 81-a(1)(a) of the planning Act, outline development plan ('o.d.p.' for short) for the Bangalore metropolitan area as prepared by the erstwhile Bangalore metropolitan board was deemed to be the o.d.p. prepared by the planning authority for the planning area comprising the Bangalore city and the date relating to the declaration of intention of making o.d.p. was deemed to be 8-8-1967 which was the date of Constitution of the planning authority, as enjoined by Section 81-a(2) of the planning act. An outline development plan for the planning area comprised in the Bangalore city was approved and promulgated on 22-5-1972. The validity of outline development plan for Bangalore city planning area was upheld by the Supreme Court in the case of B.K.Srinivasan and another v State of Karnataka and others. This o.d.p. covered an area of 500 sq. Kms. Comprising of the Bangalore city and its peripheries. A few years thereafter, Bangalore development authority Act, 1976 being act No. 12 of 1976 was published in the official gazette on 8-3-1976. As per Section 81-b of the planning Act, the Bangalore development authority-respondent 2 herein as constituted under the b.d.a. Act, 1976 had to be treated the local planning authority for the local planning area comprising the city of Bangalore with jurisdiction over the area for which the city planning authority for the city of Bangalore had jurisdiction immediately before the date on which the Bangalore development authority was constituted. The second respondent was entitled to exercise powers, functions, and discharge the duties under the act as if it were a local planning authority constituted for the Bangalore city.