Case Note & Summary
The petitioners, owners of land in Mandya District, challenged a notification dated 07.01.2013 issued by the Deputy Commissioner, Mandya, declaring their land as a slum area under Section 3 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973. The petitioners contended that the notification was issued without complying with the mandatory proviso to Section 3(1), which requires the competent authority to publish a notice of its intention to declare an area as a slum, invite objections from persons likely to be affected, and consider such objections before issuing the final declaration. The respondents, including the State of Karnataka and the Karnataka Slum Development Board, argued that the notification was valid and that the procedure had been followed. The High Court examined the statutory scheme and found that there was no evidence on record to show that the Deputy Commissioner had published any notice of intention or considered any objections. The court held that the proviso to Section 3(1) is mandatory and its non-compliance vitiates the notification. The court also noted that the notification was published in the gazette without prior publication of intention, which is a clear violation of the Act. Consequently, the court quashed the impugned notification and the subsequent order dated 20.03.2018, and allowed the writ petition. The review petition filed by the impleading applicants was dismissed as infructuous.
Headnote
A) Slum Law - Declaration of Slum Area - Section 3 Karnataka Slum Areas (Improvement and Clearance) Act, 1973 - Prior Publication of Intention - The proviso to Section 3(1) mandates that before declaring any area as a slum, the competent authority must publish a notice of its intention to do so, inviting objections from persons likely to be affected, and consider such objections. Failure to comply renders the notification void. (Paras 10-15) B) Slum Law - Declaration of Slum Area - Section 3 Karnataka Slum Areas (Improvement and Clearance) Act, 1973 - Consideration of Objections - The authority must not only publish the intention but also consider any objections received. The impugned notification was quashed as there was no evidence of prior publication or consideration of objections. (Paras 16-20) C) Slum Law - Declaration of Slum Area - Section 3 Karnataka Slum Areas (Improvement and Clearance) Act, 1973 - Natural Justice - The requirement of prior publication and consideration of objections is a facet of natural justice, ensuring that landowners and interested persons have an opportunity to be heard before their property rights are affected. (Paras 21-25)
Issue of Consideration
Whether the impugned notification declaring the petitioners' land as a slum area under Section 3 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 is valid when the statutory requirement of prior publication of intention and consideration of objections under the proviso to Section 3(1) was not complied with.
Final Decision
The writ petition is allowed. The impugned notification dated 07.01.2013 (Annexure-K) and the order dated 20.03.2018 are quashed. The review petition is dismissed as infructuous.
Law Points
- Slum declaration
- statutory compliance
- prior publication of intention
- consideration of objections
- natural justice
- Section 3 Karnataka Slum Areas (Improvement and Clearance) Act
- 1973
