SURENDRA CHINTAMAN HANSMSHET Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners claim to be the members of a Joint Hindu Family. They also assert that they are the owners of C.T.S.Nos. 2031/IA, IB, 1C, ID, IA IF and 2A and 2B in Belgaum City. They also assert that some time after 24-8-1977 they were served with a copy of the notification dated 17th January 1977 stating that by notification dated 17th January, 1977, the area in which C.T.S.No. 2031 was situated had been declared as slum area under Section 3 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973, (hereinafter referred to as the Act) and therefore it was proposed to clear that area in terms of Sub-section (1) of Section 11 of the Act and the owners if they had any objections should state the same in writing as C.T.S.No. 2031/1 measuring 4800 square yards fell within the area declared to beaslumarea. Pursuant to that notice, the petitioners filed their objections, it is asserted, as at Annexure-B to the petition. In Annexure-B, a true copy of which is produced along with the objection, the representation made by the first two petitioners clearly refers to representation given by them earlier in response to the notification published on or about 9-9-1976 purported to be notification under Section 3 of the Act. It also states that they were not heard in regard to that representation before the proposal now made under the proviso to Sub-section (1) of Section 11 of the Act.

(2.) There are a number of grounds urged against a declaration to be made. They contend that it is not a slum area at all. They contend that they cannot offer proper objection as the report of the Municipal Council, Belgaum, had not been made available to the petitioners. They assert in the representation that the area is not over-crowded. They have also stated that the said area was not a low lying area and that there were no objections which lead to insanitation. They also stated that no incovenience was caused to the public due to the existing structures.

(3.) They enclosed the building plan showing the location.