M KEMPANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) NOTIFICATION dated 21-1-1996 (Annexure-A) issued under Section 3 read with Section 9 of the karnataka Municipalities Act, 1964, was challenged in the writ petitions filed in public interest which were dismissed vide the order impugned in these appeals. Vide the aforesaid notification smaller urban areas specified in Schedule-A to be called the City Municipal Council area of krishnarajapura and Mahadevapura were constituted. The notification was alleged to be illegal on various grounds detailed in the writ petitions.

(2.) ALL the pleas raised by the appellants except the alleged violation of the provisions of Article 243-Q of the Constitution are covered against the appellants by a Division Bench judgment of this Court in Amalpur Gram Panchayat v State of Karnataka and Others.

(3.) ALLEGING violation of the proviso to Article 243-Q of the Constitution, it is submitted that as the Governor has not applied his mind and without having regard to the size of the area and the municipal services being provided by an industrial establishment in the area and such other similar factors, has issued the impugned notification, the same being unconstitutional, is required to be set aside. It is submitted that amenities like roads, parks, water supply, sewerage and other facilities were being provided in the area by the Hindustan Aeronautics Limited at its own cost to the Hindustan Aeronautics Sanitary Board area covering the areas declared to be included in the municipal areas. It is submitted that the said Board has also established school, hospital, shopping and recreation centres. It may be noticed at this stage that the Hindustan Aeronautics sanitary Board had been constituted under the rules framed under Section 58-B of the Mysore village Panchayat Act, 1926 which was subsequently repealed, but the Board was continued. The Board is stated to be consisting of eight members appointed by the Government who are the officials of the State Government except two representatives of the HAL and two of the local area included in the Board.