THIPPERUDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition under Art.226 of the Constitution. the petitioner has challenged the notification issued under Sec 3(1) of the Karnataka Slum Areas (Improvements and Clearance) Act, 1973 (Slum Act), whereby certain land belonging to him had been notified as a slum area.

(2.) On behalf of the petitioner. Sri Minajagi. learned Counsel. submitted that before promulgation of the said notification which affected his civil rights to property it was the duty of the authority concerned to have afforded him an opportunity to show cause against such declaration. In support of this submission, he relied on certain enunciation of the Supreme Court in the case of Govt of Mysore v. J.V.Bhat, which was a case arising under the Mysore Slum Areas (Improvement and Clearapce) Act 1958, where in also a similar notification had been issued under Sec.3 thereof, the provisions of which are in pari materia with the provisions of the Act concerned herewith. It seems to me that this contention is well founded and must be accepted as correct.

(3.) The petitioner has alleged that before the issuance of the impugned notification under S.3 of the Slum Act, he had not been served with any notice calling upon him to show cause why the land in question should not be declared as a slum are a for the purpose of that Act This fact is not denied pn behalf of the respondents.