M KEMPANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners in all these petitions are seeking for quashing of the notifications issued under Sections 3 and 9 of the karnataka Municipalities Act (for short 'the Act'), specifying the smaller urban area to be called City Municipal area of krishnarajpura and Mahadevapura.

(2.) THE Government of Karnataka by its notifications specified the smaller urban area stating that objections have been invited and objections received in time have been duly examined. It is stated in the said notifications that having regard to the population of such area, the density of population in such area and per centage of employment in non-agricultural activities as reflected in the said notifications to be called City Municipal council area of Krishnarajpura and Mahadevapura.

(3.) SRI R. N. Narasimha Murthy, learned Senior Counsel appearing for the petitioners contended that the notifications issued constituting the Municipal Council of Krishnarajpura and mahadevpura are illegal on the ground that the Governor has not applied his mind in issuing, the said notifications since it is mandatory on the part of the Governor to examine, having regard to the size of the area and the municipal services being provided by the Hindustan Aircraft Sanitary Board (hereinafter referred to as 'has Board'), the purpose of specifying the said area to be an industrial township as provided under Article 243-Q of the Constitution of India and Section 3 of the Act before issuing a notification declaring such smaller urban area to be a municipal area.