BELLAM THIMMAPPA Vs. KARNATAKA SLUM CLEARANCE BOARD

JUDGEMENT

(1.) This writ petition calls in question an order dated 5th of Sept 1992 passed by the third-Respondent, declaring an area measuring 2 Acres and 53 cents underlying T.S. No. 8, as a Slum under Section 3(1) of the Karnataka Slum Areas Improvement and Clearance Act, 1973, hereinafter referred to as the Act.

(2.) The petitioners are owners of land underlying Sy. No. 363C/3a, 363C/3b and Town Sy. No. 8 measuring in all nearly 8 Acres situate within the Town Municipal limits of Bellary. By a Notification dated 31-8-1989 issued by the Deputy Commissioner, Bellary, the aforesaid areas were proposed to be declared as Slum areas under Section 3 of the Act. Objections to the proposal appear to have been filed by the petitioners, after consideration whereof, the Deputy Commissioner, by his order dated 26th of July, 1991, declared the area underlying Sy. No. 363 C/3b measuring 5 Acres only as a Slum. In so far as the remaining area is concerned, the Deputy Commissioner, observed that even though the same was also being unauthorisedly used as a Slum yet the only course left to deal with the same was for the slum Board to acquire the said area and then approach the Deputy Commissioner, for further action as regards its being declared as a slum. It is at this stage, fruitful to extract the operative portion of the order passed by the Deputy Commissioner."The land bearing Sy. No. 363 C/3b measuring 5 Acres which is a Government Land is hereby declared as a "Slum."As regards Sy. No. 363 C/3 a measuring 7-20 Acres and the remaining land bearing T.S. No. 8 which are patta lands, it a observed that those lands have also been unauthorisedly used as a "Slum". This being the case, the only course left is to acquire those two pieces of land by the Slum Board, if necessary, and then approach this Office for further action as regards declaring this a "Slum".

(3.) Based on the above order a Notification dated 3rd of Aug. 1991 was published in the Government Gazette on 22-8-1991 declaring the area underlying Sy. No. 363C/3b as a slum area. Some time later, the residents of the slum underlying Town Sy. No. 8 as also the Secretary, Karnataka Slum Clearance Board appear to have approached the Deputy Commissioner, and other authorities for a declaration to the effect that the area underlying the said Sy. No. is also a slum. Proceedings were consequently initiated on the basis of the said Representations which the Deputy Commissioner treated to be a Review Petition. The said proceeding eventually culminated in an order dated 5th Sept. 1992 whereunder the Deputy Commissioner, declared the area underlying T.S. No. 8 also as a slum under Section 3(1) of the Act aforesaid. Aggrieved by the said order and declaration the petitioners have come up with the present writ petition as already indicated earlier.