CANARA LAND INVESTMENTS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) As common questions of law and fact arise for consideration in these three writ petitions, they are disposed of by this common order.

(2.) The petitioners in these three petitions have questioned the validity of a Notification issued by the State Govt bearing No.HMA 369 TDI, 74 dt. 11th April, 1975 (hereinfater referred to as the Notification), revoking the Central Ward Town Planning Scheme, Udipi (hereinafter referred to as the Scheme) in exercise of its powers under Cl. (a) of sub-sec (2) of S.49 of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) (hereinafter referred to as the Act).

(3.) Briefly stated, the facts of the case are as follows: The petitioner in WP.1955 of 1975 is a company registered under the Companies Act having its Office in Udipi in the Dist of S.Kanara. The petitioners in the other two petitions are residents of that town. When the Dist of S.Kanara formed part of the former Province of Madras, the Madras Govt gave its sanction to the scheme in exercise of its power under sub-sec (3) of S. 14 of the Madras Town Planning Act, 1920 (Madras Act VII of 1920) providing for the development of the Central Ward Area of Udipi Town. The Municipal Council of Udipi constituted under the Madras Dist Municipalities Act, 1920, was constituted as the Executive Authority under the Scheme. The Scheme, inter alia, provided in para 14(1) thereof, as follows :