Académique Documents
Professionnel Documents
Culture Documents
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1918 OF 2015
(Arising out of SLP(C) No.30573 2012)
STATE OF KARNATAKA TR.
SEC. HSG. & URB. & ANR.
APPELLANTS
VERSUS
RESPONDENTS
J U D G M E N T
SUDHANSU JYOTI MUKHOPADHAYA,J
Delay condoned. Leave granted.
2.
Bench
of
the
High
Court
while
allowing
the
writ
Government
of
Karnataka
initially
by
draft
Page1
proposed
to
alter
the
existing
limits
of
Town
Municipal
followed
by
Notification
No.HUD
14
TMT
84
dated
15 th
by
sub-Section
Municipalities
Act,
1961
(1)
of
Section
(hereinafter
of
referred
Karnataka
to
as
the
Page2
1)
the
population
of
the
area
specified
in
Schedule-A being not less than twenty thousand
but less than fifty thousand.
2)
3)
4)
Apart from the percentage of employment in nonagricultural activities is not less than 15% of
the total employment.
4.
The
first
14554/96
respondent
before
the
High
filed
Court
another
of
Writ
Petition
Karnataka,
No.
Bangalore
No.1233/2000
in
WP
No.
14554/1996
was
filed
by
after
to the limits of
an existing
Town
essentially
conditional
Municipal
legislation
and
Limits
hence
is
judicial
intervention
is
not
warranted.
Page3
5.
Learned
while
counsel
assailing
procedure
appearing
the
impugned
prescribed
under
on
behalf
judgment,
Section
of
the
appellant
submitted
9
of
that
the
Act
is
the
within
conspicuous
the
places,
existing
municipal
calling
for
limits
objection
in
from
all
the
the
public
in
smaller
urban
areas.
In
the
present
case
the
(2)
(3)
Page4
(4)
also
conspicuous
to
place,
post
meaning
copy
of
thereby
the
in
proclamation
the
in
inhabited
area
the
proclamation
in
conspicuous
places
in
the
said
(1985)
3
SCC
1,
Collector
(District
Magistrate)
Allahabad & Anr. vs. Raja
Ram Jaiswal.
(b)
Page5
10.
(c)
(d)
For
convenient
reference,
Section
of
Karnataka
abolition,
Page6
cease
proclamation
to
be
smaller
announcing
urban
the
area.
object/proposal
Firstly,
of
such
of
such
proclamation
to
be
posted
up
in
conspicuous
places in such area. The phrase such area used herein means
the inhabited area which is proposed to be added or excluded
from the smaller urban area.
12.
shall
be
constituted
in
every
Page7
(a)
(b)
(c)
(2)
In this article, 'a transitional area', 'a
smaller urban area' or 'a larger urban area'
means such area as the Governor may, having
regard to the population of the area, the density
of the population therein, the revenue general
for local economic importance or such other
factors as may be deem fit, specify by public
notification or the purposes of this Part.
13.
the
first
respondent
is
accepted,
in
that
case
every
Page8
14.
Tehsildar, Office of
stand,
etc. of
Those
places
conspicuous/convenient
can
places
be
safely
for
expected
posting
notice
to
be
about
15.
notice
should
respondent,
have
then
been
posted
within
the
township
of
1 st
of the
notice
at
their
land
which
will
amount
to
giving
Page9
10
16.
conspicuous
places,
the
English
version
of
which
reads
as
follows:
No.TMC;95-96
Circular,
Bangalore,
bearing
Dated
Sedam
Sedam
Page10
11
17.
that the
nearest railway station is at Sedam and the bus stand for the
employees of the 1st respondent is at Sedam. This indicates
that all the persons, who are said to be affected by the
notification, were informed
Learned
senior
counsel
for
the
1st
respondent
next
contended that only the factory and residential area of the 1st
respondent was added by notification dated 28th November, 1995
but such submission cannot be accepted in view of the fact
that apart from the land of 1st respondent, land belonging to
others were also shown in the said notification dated 28 th
November, 1995.
19.
we find two
notification dated
to be
12
apart
from
obtained
thumb
from
impressions,
different
signatures
individuals
to
also
have
show
been
that
the
places
additional
mentioned
five
places
in
the
include
first
the
notification.
premises
of
the
The
first
other
officer.
notification
dated
3rd
Prima
facie
October,
it
1995
appears
that
containing
the
nine
signed in
concerned
official
and
to
dismiss
the
appeal
as
the
The State has neither created any document nor filed the same
before
the
High
Court
or
this
Court.
If
any
document
is
Page12
13
by
Chief
Officer,
Sedam
in
green
ink
wherein
nine
directions.
J.
(SUDHANSU JYOTI MUKHOPADHAYA)
J.
(VIKRAMAJIT SEN)
NEW DELHI,
FEBRUARY 16, 2015.
Page13