A.ALAGIRISWAMI, M.H.BEG, P.JAGANMOHAN REDDY
Government Of Mysore – Appellant
Versus
J. V. Bhat – Respondent
Judgment
ALAGIRISWAMI, J.:- These five appeals arise out of five writ petitions filed before the High Court of Mysore questioning three notifications issued under the Mysore Slum Areas (Improvement and Clearance) Act, 1958. The notifications were (1) a declaration under Section 3 of the Act, dated 17-11-1960, (2) a declaration under Section 9 of the Act, dated 20-4-1961, and (3) a notification by the Government dated 20-12-1962 under Section 12 by which certain lands were to be acquired under the Act. The provisions of Sections 3, 9, 12 and 15 were also impugned as unconstitutional. The High Court struck down Sections 3 and 9 as violating Article 19 (1) (f) of the Constitution and Section 12 (1) (b) as violating Article 14. It did not consider it necessary to consider the constitutional validity of Section 15. It, however, held that the three notifications above referred to were not unconstitutional because in exercising their functions under Sections 3, 9 and 12 the authorities concerned were not exercising a quasi-judicial power. But the result of striking down the sections of the Act above referred to was that the notifications also fell along with them. The State of Mysore has {
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